The NHL Labour Dispute and the Common Law, the Competition Law, and Public PolicyThis article develops the claim that, absent an agreement with the union, the imposition of a salary cap or punitive luxury tax would constitute an unreasonableStephen F. Ross...
The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do...
This judicial decision significantly changed the common law principles regarding segregation and had a profound impact on civil rights legislation and policy in the United States.法律术语:普通法定义:普通法是起源于英国并现行于美国的法律体系。它依赖于通过一系列历史性的司法判决来阐明法律原则。普通法原则...
1.(Law) the body of law based on judicial decisions and custom, as distinct from statute law 2.(Law) the law of a state that is of general application, as distinct from regional customs 3.(Law) (modifier) :common-lawdenoting a marriage deemed to exist after a couple have cohabited fo...
viewoftheCommonLaw.Toaccomplish thetask,othertoolsareneededbesideslogic.Itissomethingtoshowthattheconsistency ofasystemrequiresaparticularresult,butitisnotall.Thelifeofthelawhasnot beenlogic:ithasbeenexperience.Thefeltnecessitiesofthetime,theprevalentmoral andpoliticaltheories,intuitionsofpublicpolicy,avowedor...
This chapter argues that, despite the weaknesses of common law reasoning, case law still plays an important role in UK public law. It also explains how weaknesses in common law reasoning are resolved either through developing taxonomies which apply in a rule-like manner, or through moving towards...
Jessica is a practicing attorney and has taught law and has a J.D. and LL.M.Cite this lesson Common law relies upon particular cases, and sometimes prior decisions, instead of statutes, when deciding a case. Learn more about the definition of common law and read some examples demonstrating...
This thesis has entailed an investigation into the common law of informed consent to medical procedures among competent adults. This fails within the law of delict in Scotland and South Africa and within the law of torts in England, Canada, Australia and the United States of America. These six...
recognized marriage between two people who have not purchased amarriagelicense or engaged in a ceremony overseen by an officiant. In the United States, common-law marriage is allowed in several states. Not all states address common-law marriage with a statute but use public policy to determine ...
Horowitz,A Irwin - 《Psychology Public Policy & Law》 被引量: 50发表: 1997年 REMOVING THE PEOPLE FROM THE LEGAL PROCESS PURPOSE: New neurophysiological findings cover the effectiveness of movement images to the movement learning and deliver the theoretical base for the reaso... J Mayer,J Bohn...