Results 161 to 170 of about 7,388 (280)

The Doctrine of State Necessity

open access: yesThe Modern Law Review, EarlyView.
This article examines the doctrine of state necessity as a distinct but relatively underexplored doctrine of constitutional law. Drawing on case law from a range of jurisdictions, it considers instances in which courts have accepted otherwise unconstitutional measures as lawful in order to preserve the operation of state institutions or protect ...
Athanasios Peftinas
wiley   +1 more source

Consideration Without Economic Duress: Reframing the Analysis of Contractual Modifications

open access: yesThe Modern Law Review, EarlyView.
Prevailing approaches to the contractual enforceability of modifications revise or dispense with the requirement of consideration and invoke economic duress to rule out unfair, inequitable, or bad faith modifications. Enforceability turns effectively on the absence of economic duress. But economic duress is a doctrine of avoidance.
Peter Benson
wiley   +1 more source

Steam Traction Engine His Lordship

open access: yes
Jack Woods and 'Bronco' senior photographed 23 June 1962. AEI works carnival. sitting next to Burrell showman's road locomotive steam traction engine No.3444 'His Lordship', registration 'CK3403' (built ...
Scott, Rowland
core  

Limiting the High Court's Inherent Jurisdiction over Children: Re X and Y (Adoption Order: Setting Aside)

open access: yesThe Modern Law Review, EarlyView.
The Supreme Court in Re X and Y (Adoption Order: Setting Aside) confirms that there is no power under the High Court's inherent jurisdiction to set aside a properly made adoption order, even if the child's welfare would be better served by un‐doing the adoption.
Rob George
wiley   +1 more source

Why Bulk Discount for Multiple Offenders? A Lexical Local Justification

open access: yesThe Modern Law Review, EarlyView.
This paper offers an original non‐consequentialist justification for the ‘bulk discount’ given to offenders who are sentenced for multiple counts in a single proceeding, a discount that is available in most jurisdictions. Existing justifications for this practice face serious objections. I propose a new account, ‘Lexical Local Justification’.
Peter Chau
wiley   +1 more source

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