...THE INTERNATIONAL LEGAL ORDER Controversiae (disputes) is the first word in book I of Hugo Grotius’ foundational text De Jure Belli ac Pacis(The Law of War and Peace, 1625). Much modern scholarship in international law has followed this strand of Grotius’ thought in orienting the subject to the problem of managing disputes. Since the late nineteenth century, generations of leading scholar-practitioners have shaped a view of international law which emphasizes legal doctrines and materials related to disputes: the specific rules one party to a dispute may invoke against another, the sources (e.g. treaty, custom) to which an international court will look to identify international law rules, the general principles (e.g. acquiescence, abuse of rights) that international courts have borrowed from national legal systems to help deal with international cases, the foundational principles of international law (e.g. state responsibility) enunciated by courts, the precedential implications of a specific decision or a specific settlement agreement. This focus owes much to the sociological model of the successful international lawyer as it developed in the English and French traditions of international law over the past century: that of the academically respected practitioner, primarily the world–wise professor-counsel or the erudite lawyer–civil servant, whose career involved both scholarship and representing litigants in the management of disputes, and might eventually culminate in becoming...
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...Formation Of A Legal Firm Name: Institutional Affiliation: Date: In the current century, it is evident that numerous changes have been observed in the law firm business. The traditional law firm practice model has as a result been passed by time and firms or any person attempting this model have always found themselves struggling in this dynamic market. The traditional law practice has also been marked by constant consternation as the law firm does not produce good results. The incorporation of the new law firm practice model is evidenced by the rising number of law firms over the years. This means that to start a firm in the 21st century, then you definitely have to use the business models applicable in the current century and not the ones that were used in the 19th century. With these, it follows that successful lawyers are those who have changed their modus operandi and embraced the latest legal practices, something that my friends and I would use to establish a successful law firm. The turning point in the establishment of the modern law practices came about as a result of the high court decision by the U.S Supreme Court (Bates & O'steen V. State Bar of Arizona, 1977) in (Munneke, 2012, p. 4). It is worthwhile noting that the success in the Law firm requires a proper identification of a legal niche to practice in. According to Munneke (2012), the competition that the law practice faces from other professionals necessitates the careful niche selection...
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...the immigration system in the United States Introduction The lack of results from the Obama administration on the overall reform of the immigration system of the United States is due to the inability of the immigration system to regulate increasing legal admissions and growth of irregular immigration of a regional provenance. The political viability of the reform depends on the consent of the elected Republican opposition. This has contributes to organize structural blockage for reform for over fifteen years, evidencing the high degree of polarization of the immigration topic issue in American society. Given the circumstances, the likelihood of a reform in the next years is very uncertain. This paper aims to explain the lack of results from the Obama administration on the reform of the immigration system. It will analyze first, the main motivation for reform of the immigration system: it has become unable to properly regulate a rapidly growing immigration. It will then offer, a series of explanatory reasons for failure: the low priority given to the immigration issue, errors, but especially the structurally cleaving nature of the reform. Why is the reform of the immigration system a necessity? The Characteristics of the US Immigration System To understand the need for reform of the US immigration system, it is necessary to go back to first principles ensuring its operation. The United States regulates the admission of foreigners on their territory by a system of annual numerical...
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...Its legal, ethical and global environment, one way that the U.S. legal system affects this country, particularly businesses, is the fact that it maintains order. Import laws limit how much of certain products (if any) from a given country can come into the US, regulates who/what/where can receive US goods via export, and even controls the ability to process payments and collect debts. Beyond that, laws such as the Foreign Corrupt Practice Act (FCPA) and anti-boycott laws limit the way in which US companies can do business abroad, even through agents & subsidiaries. The overarching aspect about the US legal system that influences business is "accountability." if you enter into a contract with a US company and they breach it, they can be held legally accountable to you, and you can effectively assert your rights in court - whether you are a US citizen or a foreign company. While there are numerous examples of large companies abusing the legal system at the expense of smaller ones. In addition to getting your day in court, and being treated fairly, accountability means that any court decision in your favor should be enforceable. Unenforceable judgments are impotent and unjust. Knowledge of this accountability gives companies, both US and foreign, a degree of comfort that allows them to more freely enter into agreements with US companies. Absent the accountability that is afforded by a fair, accessible, and effective court system, companies may be more hesitant to take...
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...Australia’s HNZ group has proposed an acquisition and has offered their staff, equipment, and cultural know-how in exchange for technological expertise and heavy equipment. Finally the sister corporation VIH Cougar in the Gulf of Mexico could be further expanded. The analysis completed was a competitor analysis; Bristow, PHI, and CHC are all industry leaders bringing their own expertise to the table. Bristow is one of the largest companies in the industry and recently started using TCAS2’s (traffic collision avoidance system) for new equipment. PHI dominates the North American oil and gas market, and has the most air time experience of all firms. CHC also has strong ties with oil and gas firms, but after a significant loss they are looking to be acquired by another firm. Overall the helicopter industry is growing due to the new exploration sites for oil and gas, and many opportunities exist. The second part of the analysis was comparing the economic, political, legal systems: and cultural, ethical, and human rights standards of the three countries to gain further insight into the degree of risk each country has. Australia has proven to have a resilient economy during the recession due to the growing oil and gas industry. Foreign business has been encouraged through...
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...CJA/224-Introduction to Criminal Courts Systems July 13,2015 Professor Austin Zimmer Court History and Purpose Paper The court is an intricate part of the American criminal justice system because they decide what happens to people charged with violating the law. This paper will describe what a court is and its purpose; define the dual court system, describe the role that the early legal codes, the common law, and precedent played in the development of courts. Finally, I will identify the roles of the court in the criminal justice system today. Court is a place where justice is administered; a judicial tribunal duly constituted for hearing and determination of cases; a session of judicial assembly. According to the U.S. Justice Department court is defined as “an agency or unit of the judicial branch of government authorized or established by statute or constitution, and consisting of one or more judicial officers, which has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it.” There are two divisions of the American court system- civil and criminal courts. Civil court is a court of law in which civil cases between private parties are tried and determined. Criminal courts has jurisdiction to try and punish offenders against criminal law. The purpose of the court is to provide a forum to resolve disputes and to enforce laws in a fair and rational manner. There are four ultimate functions of the court system. First, upholding the...
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...Law to legal interpretation and application Role of Comparative Law to legal interpretation and application Table of Contents I. Definition: legal interpretation and application 2 I.1 Legal Interpretation 2 I.2 Legal Application 3 II. Role of Comparative Law to legal interpretation and application 4 II.1 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 5 II.1.1 The harmonization and unification of law 5 II.1.2 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 6 II.2 Role of Comparative Law to legal interpretation and application of law as the result of the transplants of foreign law 8 II.2.1 An overview of Legal transplant 8 II.2.2 Role of Comparative Law to legal interpretation and application of Law as the result of the transplants of foreign law 13 II.3 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic and lack any direct international background or connection 15 II.3.1 Introduction 15 II.3.2 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic and lack any direct international background or connection 16 III. Questions 17 HCMC UNIVERSITY OF LAW ADVANCED-PROGRAM CLASS COURSE 35 GROUP 6 I. Definition: legal interpretation and application I.1 Legal Interpretation ...
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...reveals that a legal opinion is very important in any judicial system. In the event that there are conflicts between two individuals which lead to a court case, the lawyers for both the defendant and the complainant are allowed to interpret some laws that are oftentimes unclear and ambiguous in a manner that suit their arguments. The judges that presiding over the court cases are, thus, expected to have great discernment and an in-depth understanding of the US Constitution. This is so as to assess who, between the two lawyers, is right and, consequently, make a ruling that is as fair as possible. The Constitution of the United States of America is comprised of a set of legal decrees with different geneses. Some of the laws therein were passed by the American parliamentary body while others came to be as a result of the establishment by elected representatives in the different American states. In addition to these two sources of laws and constitutional interpretation, there are others that are also applied by judges. These include the natural law, the implications of alternate interpretations, as well as the text and structure of the American Constitution. As will be indicated in this paper, the manner by which the US Constitution is interpreted has undergone transformation over the years. This is a normal occurrence since public policies are always being altered, modified, changed or completely abandoned for fresh ones perceived to be more practical. The system, whereby the lawyers...
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...In this case study we will be taking a close look at the United States legal system and how it became what it is today. Research issue or case/code chosen: Where did our legal system originate from? Discuss the development of the court system; Special Federal Courts, Federal District Courts, Federal Courts of Appeal, United States Supreme Courts, State Courts, Inferior Courts, Courts of Original General Jurisdiction, and Appellate Courts. Explain when each court system was developed, why it was developed, and what each specified section of the court system does. Analysis: Our legal system was installed by the European colonists when they settled in this country. Our legal system based off that of England, France and Spain and ended up closely mimicking that of the England because, the first 13 colonies were primarily English. In the United states we have two main kinds of courts with sub courts within them. We have the Federal Court System and we have the State Court System. The Federal Court System is made up of four different courts; the Special Federal Courts, Federal District Courts, Federal Courts of Appeals and the United States Supreme Court. The Special Federal Courts are limited in its jurisdiction or specialty. Examples of this type of court would be Bankruptcy Court and US Tax Court. Bankruptcy Courts are only concerned with the administration of bankruptcy hearings and US Tax Courts are only concerned hearings involving deficiencies or overpayments...
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...evaluation of possible options and the recommended plan of action for AWC Inc. Sincerely Yours, Anirban Chandra Management Consultant. Summary Situation Analysis • AWC. Inc.-medium sized aluminum fabrication company, paternalistic, employee friendly with extremely committed employee base • Highly competitive market with low entry barrier • Recession in construction industry, at least to stay for three years -AWC survives on quality, price and efficiency • Canada-US trade agreement-competition in local market but US market is now accessible • New product-unique, price high volume order • Second welding line to meet the demand of the new product • Noncompliance with the Government Regulations regarding pollutions • Present welding line exposes employees to toxic products, also damaging for the environment • Recently government sensitiveness on environment related issues • Punishable offence under law with considerable probability. • Emissions systems- Exhaust systems Recirculating emissions, more expensive, satisfying employee safety and environment regulations • Impact on cash flow (for insolvency), and income statement. Problem Statement Whether AWC Inc. should go for the emissions control...
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...States, immigration has been crucial for the economic advancement and expansion of the nation. The US truly is a melting pot of many cultures and ideas, and it has benefited greatly from its diversity. However, with a much-reduced demand for unskilled or low-skilled workers, US policy must adapt so that it can better maximize the net economic benefits of immigration. While this probably does not include a universal drop in the number of legal immigrants, it would include the screening of applicants in such a way that preference is given to more economically beneficial candidates. It would also include making families totally responsible for their elderly relatives who migrate to the US, eliminating the refugee portion of immigrants, denying more, but not all, government services to illegal immigrants, controlling the southern border with more manpower and better technology, and establishing a national verification database. The optimal policy from an economic perspective should seek to provide U.S. businesses with the labor they require without placing added burden on the taxpayers. Before specific policies can be addressed, it is crucial that immigrants be separated into four categories: legal, working-age immigrants; legal, elderly immigrants; refugees; and illegal immigrants. These groups are radically different, and they must be addressed differently. Universally cutting legal immigration levels would deprive businesses of labor resources that have allowed them to grow. Businesses...
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...lawyer in US is much higher than the one in India. The total cost of finishing the job in a US firm should be higher than the outsourcing price due to the gap between salaries. Costs can thus be reduced. Outsourcing helps a firm to focus on its core business. When a firm outsources the labor-intensive works, there are more resources left behind. The resources can have a better contribution, for example, to allocate more on the main business. Besides, job quality can also be enhanced. Such as the case, the preparation works are outsourced and done by a 6-lawyer group, the quality is upgraded. Also, as mentioned, more resources are allocated to other areas related to the lawsuit, the quality of job as a whole should be higher. Nevertheless, there are also some costs and risks. The costs of selecting and identifying an outsourced company should be a concern because a productive one is vital. An unqualified company can ruin the project. After finding an outsourced company, the risks will be incurred. Legal responsibilities may be produced due to the careless handling of the privacy of clients. Losing control of the services is a risk because the jobs are done outside and controls are difficult. Losing control may lead to another risk – the quality of the services outsourced may thus lower. Question 2(b) When analyzing the parties in the legal outsourcing, some gain while some lose. The gaining groups are the clients, lawyers in India, senior lawyers in US and US law firms...
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...Andrew Hong Professor O’Brien BALW 20150 17 September 2013 “Our Society Is Too Litigious” Innumerous laws and guidelines exist in the American legal system to punish those who commit torts and crimes. Also, there are also many different court systems that protect individuals’ rights. Upon a superficial look at the American legal system, it may seem that the laws of our society deter people from committing torts and crimes. However, only an idealist would make such an assertion upon realizing that although the legal system itself may have no problems, citizens of our society abuse the system to gain personal benefits in many cases. The term “litigious,” as Merriam-Webster dictionary states, means “too ready or eager to sue someone or something in a court of law” (Merriam-Webster). Today’s society is extremely litigious because although the laws can act as guidelines that discourage people from committing crimes or as Llewellyn states, “less as making order than as maintain order when it has gotten out of order (Llewellyn, 213),” they are also be used to punish the most minor crimes and torts. Each year, about 18 million to 30 million civil cases are considered in both federal and state courts (Pflepsen). Moreover, the United States of America has more than 70 percent of the lawyers in the entire world with half of them doing what non-lawyers do in the other parts of this world (Pflepsen). Yet, the mere fact that the United States has more than a third of the entire world’s...
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...ongoing for decades. The central question is whether capital punishment should be retained or abolished worldwide. While the death penalty continues to be used today, most countries have eliminated it in their criminal justice systems. One substantial country that continues to use the death penalty is America. Capital punishment is significant because it permits individuals to be killed lawfully. The death penalty carries enormous power around the legal system in addition to the persons that are accused of serious crimes. The purpose of this paper is to find out the diverse arguments surrounding capital punishment that has led some countries against it and others for it? This will be done by...
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...compensation.”3 The language of the amendment covers a wide variety of seemingly unrelated rights, but each was a reaction to government abuses that the founders had experienced.4 The 5th Amendment forms part of the foundation of the United States’ accusatorial legal system, where the accused is presumed innocent until proven guilty.5 This was a reaction to the abuses of European history, specifically, as one founder put it, “that diabolical institution, the Inquisition”.6 The founders wanted to protect innocent citizens from the abuse of government’s legal authority. They believed that these protections were more important than the fear of the guilty escaping justice and ensured that all citizens would retain their fundamental rights even in the face of criminal prosecution.7 This stands in stark contrast to the abuses present in the legal systems of many dictatorships around the world even today. Each clause of the amendment protects the rights of US citizens against specific forms of legal abuse. The clause “no person […] shall be compelled in any criminal case to be a witness against himself” has only grown in importance since its creation. This protection forms the basis of the legal right against coerced self-incrimination.8 As the US continues to adjust to the digital age, the amendment has expanded its sphere of influence. In 2013, a Federal Court ruled that ordering a defendant to decrypt digital storage devices that held incriminating evidence against him would be a violation of...
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