Unconscionable Organ Donations

Omar Ha-Redeye | Contracts, Ethics, Health Law, Law Foundations, Property | 10th February - 2008

“Dr. Horror” Captured
An internationally wanted physician from Brampton, Ontario, was caught in Nepal last week.
Dr. Amit Kumar was wanted for harvesting organs from poor Indians, usually sold to more affluent people, including international citizens.

http://www.youtube.com/watch?v=xoPPxJSn_ZQ

An Ethical Debate
The Kumar incident has sparked an ethical dialogue over organ donation.
Andrew Chung of The Star states,
Some libertarians would […]

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How to Case a Brief (non-traditionally)

lawiscool | Law Foundations, Law School | 24th January - 2008

The Non Traditional Law Student blog, from the Thomas M. Cooley law school in Michigan, has a series on how to case a brief, an essential skill for any new law student.

Here are the direct links:
Part 1
Part 2
Part 3 (The Issue)
Part 4 (Facts and Rules)
Part 5 (Analysis)
Part 6 (Conclusion)

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A Graphic Depiction of Law and Justice

lawiscool | Law Career, Law Foundations | 21st January - 2008

Circle = Justice; law be understood and exercised under its order
Square = Law, limited by the circle
Triangle = How law is implemented to exercise Justice
The author explains,
The figures are placed in an interdependent relationship, in a way that the one that dominates and encircles […]

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LOTR and Legal History

Omar Ha-Redeye | Civil Rights, Humour, Law Foundations, Pop Culture, Property | 25th December - 2007

Gwen Seabourne of the University of Bristol School of Law has an interesting article on legal history as it is used in the Lord of the Rings at Common Lawyer.
The Oath
Binding oaths are used in LOTR, which are enforceable well after death following Norse and Anglo-Saxon traditions:

Gollum swearing by “precious” not to harm […]

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Limiting Absolute Liability

lawiscool | Administrative Law, Constitutional Law, Criminal Law, Law Foundations | 18th December - 2007

Common Law Presumptions
Due to the challenges inherent to absolute liability offences, the Supreme Court provided that regulatory offences would be presumed as strict liability.
In R v. Sault Ste. Marie, the city was charged with allowing refuge to be dumped into public water ways of Cannon Creek and Root River. This pollution would be contrary […]

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R.I.P., Chief Justice Lamer

lawiscool | Constitutional Law, Law Career, Law Foundations | 10th December - 2007

One of the longest serving and most influential judges in Canadian history passed away recently. Chief Justice Antonio Lamer died at the age of 74.
He was most noted for his ruling over the Quebec Secession Reference, which concluded that the province could not unilaterally secede from Canada.

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ON Landowers May Have to do Hard Labour

Omar Ha-Redeye | Constitutional Law, International Law, Law Foundations, Property | 8th December - 2007

Background
Owners of land in the UK once belonging to a church in Medieval times, known as rectorial land, considered lay rectors. As such, they are liable for the upkeep of the chancel, an area in the church near the alter.
Although this law hasn’t been implemented with any regularity, it recently made headlines around the […]

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Arguing in the Alternative

lawiscool | Criminal Law, International Law, Law Foundations, Politics, Pop Culture | 22nd October - 2007

Arguing in the alternative is a technique often used in criminal law to pre-emptively address the concerns of the opposing counsel by stating their presumed rationale and demonstrating its flaws.
Arguing in the alternative can also be used to demonstrate the flaws of a parallel arguement by demonstrating that even if a primary clause is plausible, […]

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The 12 Equitable Maxims

lawiscool | Law Foundations | 25th September - 2007

The twelve equitable maxims are:
1. Equity will not suffer a wrong without a remedy.
2. Equity follows the law.
3. Where there is equal equity, the law shall prevail.
4. Where the equities are equal, the first in time shall prevail.
5. He who seeks equity must do equity.
6. He who comes into equity must come with clean hands.
7. […]

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Prussian Legal System the Best (according to 19th c. Japan)

lawiscool | International Law, Law Foundations | 7th September - 2007

Although the current Japanese legal system is based on the Anglo-American model, there was a time prior to its conquest in WWII where they used a system modeled after Germany.
Background
Prussian dominance can probably be traced back to amity and commerce treaty signed in 1861 between Prussia and Japan, structured with a unilateral most-favoured-nation clause […]

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Divisions among Private Law

lawiscool | Contracts, Law Foundations, Torts | 7th September - 2007

Private Law can be divided into property and obligations. The latter is further divided into contracts, torts, and unjust enrichment (restitution).
The bulk of first-year courses (property, contracts and torts), are therefore comprised primarily of private law, or regulations governing the relationships between individuals.
Divisions among Contracts

The major areas of study in Contracts are enforceability, excuses […]

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Preparing for the Socratic Method

lawiscool | Administrative, Law Foundations | 29th August - 2007

The Socratic Method was first used in law schools at Harvard, starting the 19th c., and is now employed in most major law schools around the world.
Joseph Bartosch describes to purposes for using the Socratic method:

strict classical approach to eliminating false philosophical presuppositions by exposing logical errors in thinking
utilizing the simple question and answer […]

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