International Arbitration
Internship report - 9 pages - Civil law
With the growth of the business and financial world, it is more important for all these companies to have a quick and efficient method to resolve the possible disputes that can occur: this alternative dispute resolution method is the Arbitration. Definition and description of international...
Criminal Law
Thesis - 22 pages - Criminal law
What is an actus reus? An actus reus is more than just an act. It includes whatever circumstances and consequences that are required for liability for the offense in question which means that an actus reus is composed by all the elements of an offense other than the mental element. Some crimes,...
Letter and Spirit of the Law: Comparative Analysis of the Constitution's Interpretations with Regards to the Death Penalty
Essay - 4 pages - Constitutional law
Death penalty, also known as the capital punishment, has been one of the most controversial legal issues since the first federal execution took place on June 25, 1790. Its constitutionality is still widely debated today. One of the most debatable aspects of the death penalty issue is whether it...
European Union Law - Commentary: Article 4 of the EU Treaty (Member States' sovereignty/cooperation duties)
Thesis - 4 pages - European law
The document we are going to comment on is the article 4 of the EU Treaty, as modified by the Lisbon Treaty. It highlights the fact that the EU membership implies a great number of consequences for the member States. According to this article, although some rights belonging to the States are...
The Case for Federal Courts: Why suspected terrorists should not be tried in military commissions
Thesis - 6 pages - Constitutional law
Federal courts are a time-tested, constitutionally sound, and internationally approved system for prosecuting designated “enemy combatants.” The United States Constitution is intended not to grant rights, but to protect those rights in the face of the power of the federal government....
Larry Sabato's 'A more perfect constitution'
Essay - 3 pages - Constitutional law
I agree with Sabato's proposal of a presidential line-item veto. This would allow the President to veto only select parts of a bill--eliminating unnecessary attachments and thereby reducing wasteful spending. Members of Congress are unashamedly out for themselves—they represent their...
Differences between the United States Constitution and the Confederate Constitution
Thesis - 2 pages - Constitutional law
Two significant differences between the United States Constitution and the Confederate Constitution were the line-item veto the latter granted to the President and the combined measures the Confederate Constitution instituted to guarantee the survival of slavery. The line-item veto presented the...
Split Brain: 'Puccetti Defense'
Case study - 4 pages - Criminal law
Sitting uncomfortably in the court room next to your public defender, you look around the audience to see who has come to support you in this unique case. Seth Shabo is quietly sitting in the second row, staring straight into the center of the courtroom, and Tyler Doggett can be seen in the...
The Importance of constitutional interpretation
Essay - 3 pages - Constitutional law
Constitutional interpretation, often called “judicial interpretation,” is defined as “a theory or mode of thought that explains how the judiciary should interpret the law, particularly constitutional documents and legislation” . There are two main types of interpretation:...
Is the European Union's Charter of Fundamental Rights a necessary and desirable development?
Thesis - 7 pages - Constitutional law
The Treaty of Lisbon came into force in 2009 and alongside it, a reference to the Charter of Fundamental Rights (Charter) gave it legal standing. The Charter became one of the most defining documents the European Union has ever witnessed, or a mere piece of symbolic literature that is...
Women's Rights are Human Rights: An overview
Thesis - 5 pages - Constitutional law
Women make up 70% of the world's poor population and 65% of the world's illiterate. On average, women are still paid, 65 cents to every dollar earned by men in the Western countries. Women form a marginalized group, and these statistics only paint a fraction of the picture. Still, women...
Automobile contracts as the fulcrum of the automobile industry
Thesis - 4 pages - Business law
This paper argues that automobile contracting is one of the most important tenets of the automobile industry as supported by the various articles on the import of contracting in the global business arena by Michael P. Vandenbergh. There are however specific areas of interest to all the parties...
The High Representative of the Union for Foreign Affairs and Security Policy
Worksheets - 3 pages - European law
It is only with the European Council acting by qualified majority and the concurrence of the President of the European Commission that the High Representative is appointed. Art 18 TEU states that the High Representative shall implement the common foreign and security policy of the Union....
The conditions of admissibility of reservations in the Vienna Convention
Essay - 5 pages - International law
Paragraph 4 of Article 20 shows that the Vienna Convention contains a rigid principle of unanimous acceptance of reservations. It reads "The acceptance of a reservation by another contracting State of the reserving State a party to the treaty in relation to that other State if the treaty is...
The right to strike in Europe
Essay - 9 pages - European law
'A strike is the name given to a collective movement conducted at the initiative of all or part of the staff of a company, usually intended to compel employers to negotiate working conditions and pay (Law Dictionary). The right to strike presupposes that there is a contract of employment....
The ban on the use of force in International Law
Worksheets - 2 pages - International law
TThe principle that prohibits the use of force is a major element in the international system that is based mainly on cooperation between States and collective security. This principle has always been of a relative nature, in fact, the contemporary public international law has noted more...
Privacy and Internet
Dissertation - 25 pages - Civil law
The Internet is a wonderful tool for information and communication but the fact remains that many applications that are related to it latter raises many questions about the protection of the privacy of the user. The computer has invaded our lives, whether in the workplace or at home. At the same...
The concept of privacy laws
Essay - 2 pages - Civil law
The concept of privacy rights emerged gradually. The Universal Declaration of Human Rights of 10 December 1948 stipulates, in Article 12, that "no one shall be subjected to arbitrary interference of his privacy, whether it be related to family, home or correspondence, nor to attacks to his honor...
The legal effect of unilateral acts of States and international organizations
Essay - 7 pages - International law
The International Law Commission is responsible for the codification and progressive development of international laws. It had its forty eighth session in 1996 and the issues of Unilateral Acts and their legal effects have figured prominently in their discussions. There is an uncertainty...
The German Fundamental law
Thesis - 4 pages - Constitutional law
It is remarkable how the Basic Law is inculcated with the desire to avoid a repetition of the Nazi experience and its absolute conception of legal positivism. Hence it reaffirms the importance of human rights. The concept of legality that it offers is very demanding, same as that of social...
Is the mechanism of settlement of the disputes of the World Trade Organization (WTO) effective?
Thesis - 5 pages - International law
The dispute settlement in the World Trade Organization (WTO) is a mechanism whereby a member state that was injured when a benefit was offset by another Member State, can initiate proceedings before the Settlement of Disputes in order to restore the balance upset by the cancellation. This...
Belgian administrative law: Definition, characteristics and sources
Thesis - 11 pages - Administrative law
Administrative law is a set of legal rules other than constitutional law that establish the organization, functions and working procedures of the administrative structures of the state. It comprises all the legal rules, other than constitutional law. The Constitution is the foundation of...
Freedom of expression in Europe
Thesis - 5 pages - Constitutional law
According to Article 19 regarding the Universal Declaration on Human Rights and Article 10 of the European Convention on Human Rights, an individual must be able to know whose ideas he endorsed or not, without weighing stress on him or resulting in any penalty. He must be able to speak without...
Characteristics of the German parliamentary government in comparison to the British model
Thesis - 6 pages - Constitutional law
The British system is a result of a rich and complex history that began from the thirteenth century. It has undergone many changes to reach its current form. It continues to evolve and adapt to the society that it governs. The German system has been introduced before 1949, and Germany was...
The evolution of the European Parliament and its functions
Thesis - 6 pages - Constitutional law
The European Parliament is often seen as the principal venue of democratic debate in the expression of European political awareness. Hence, it acquired its present name on March 30, 1962, after having been successively called Common Assembly of the European Coal and Steel Community (extended to...
The Voting Rights Act of 1965 for African Americans
Thesis - 3 pages - Constitutional law
The Voting Rights Act of 1965 helped solidify the rights minorities fought for throughout the Civil Rights Movement. The guarantee of equal voting ensures that everyone's vote can be cast without a predisposed bias against it rooted in race. The act encountered controversy at the time of its...
Tinker v. Des Moines Independent Community School District 393 U.S. 503 (1969)
Essay - 1 pages - Other law subjects
John and Mary Beth Tinker, high school students, decided with their friend, Christopher Eckhardt, to wear black armbands to school in protest of the Vietnam War. The armbands included a peace sign and were meant to support President Kennedy's call for a Christmastime truce. The school board...
Three Case Studies of Business Law
Essay - 7 pages - Business law
In the first situation, we can identify three main issues. First of all, the order arrived a few days late. Then the Buyer asserts that the MP3 Players were damaged by moisture by the ship's hull. These two problems are linked to each other: the Buyers wants us to cut the sell price from...
Primacy / Supremacy of European Community Law against Sovereignty of the Member States
Essay - 25 pages - European law
Today the European Union (EU) consists of 27 Member States; it reaches from the Atlantic coast of Western Europe all the way to the Black Sea of Eastern Europe. In the European Union, the most important and closest collaboration between the Member States happens via the European Community (EC)....
To fight against any sort of discrimination, could and should all workers be treated equally? - publié le 29/09/2010
Essay - 2 pages - Labor law
Gender, age, ethnic background, sexual orientation, religion, family life and private matters do play an important part at work although they should not. Recruitment processes, salaries, the daily routine at the work office, are all places where workers should be considered equals but are in fact...
