scholarly journals Is ‘viability’ viable? Abortion, conceptual confusion and the law in England and Wales and the United States

2020 ◽  
Author(s):  
Elizabeth Chloe Romanis
Keyword(s):  
United States ◽  
Criminal Law ◽  
The United States ◽  
Access To Healthcare ◽  
England And Wales ◽  
The Usa ◽  
The Law ◽  
Conceptual Confusion

Abstract In this paper, I explore how viability, meaning the ability of the fetus to survive post-delivery, features in the law regulating abortion provision in England and Wales and the USA. I demonstrate that viability is formalized differently in the criminal law in England and Wales and the USA, such that it is quantified and defined differently. I consider how the law might be applied to the examples of artificial womb technology and anencephalic fetuses. I conclude that there is incoherence in the meaning of viability and argue that it is thus a conceptually illegitimate basis on which to ground abortion regulation. This is both because of the fluidity of the concept and because how it has been thus far understood in the law is unsupported by medical realities. Furthermore, it has the effect of heavily diluting pregnant people’s rights with overly moralistic limitations on access to healthcare.

Third United Nations Conference on the Law of the Sea and the Ronald Reagan Administration in the United States

Istoriya ◽  
2021 ◽  
Vol 12 (11 (109)) ◽  
pp. 0
Author(s):  
German Gigolaev
Keyword(s):  
United States ◽  
United Nations ◽  
Reagan Administration ◽  
Ronald Reagan ◽  
The United States ◽  
Law Of The Sea ◽  
White House ◽  
Draft Convention ◽  
The Usa ◽  
The Law

The USA, as well as the USSR, initiated the convocation of the III UN Conference on the Law of the Sea (1973—1982). However, after the Ronald Reagan administration came to the White House, American diplomacy significantly changed its policy toward the Conference, which eventually resulted in US refusal to support the draft Convention on the Law of the Sea, which was worked out during the Conference. This behavior was in line with policy course of the Reagan administration — more aggressive than that of their predecessors. The article considers the American policy regarding Law of the Sea negotiations in the first months of Reagan's presidency, during the Tenth Session of the III UNCLOS.

Criminal Liability for Unlawful Actions in Bankruptcy in the USA

10.12737/1822 ◽  
2013 ◽  
Vol 2 (1) ◽  
pp. 113-123
Author(s):  
Сергей Кубанцев ◽  
Sergey Kubantsev
Keyword(s):  
United States ◽  
Criminal Law ◽  
Criminal Liability ◽  
The United States ◽  
Judicial Interpretation ◽  
The Usa

The article describes the application of criminal law in the United States to persons who commit crimes during or immediately before of the bankruptcy, initiated into the United States. The focus is on the judicial interpretation of legislative criteria bankruptcy fraud.

Part II The Bermuda Form in Detail, 13 Misrepresentation and Nondisclosure

2018 ◽  
Author(s):  
Scorey David ◽  
Geddes Richard ◽  
Harris Chris
Keyword(s):  
United States ◽  
New York ◽  
Multinational Corporation ◽  
The United States ◽  
England And Wales ◽  
English Law ◽  
The Law

This chapter first discusses the law of misrepresentation and nondisclosure as it has developed in New York, since the law of that state is designated in the majority of Bermuda Form policies as governing the resolution of ‘any dispute, controversy or claim arising out of or related to the Policy’, which would clearly include a dispute about alleged misrepresentation in its procurement. The second part discusses English law. This is relevant for a number of reasons. It is not at all uncommon that the version of the Bermuda Form in play in respect of a given dispute will expressly adopt the law of England and Wales as controlling. This is often the case where the policy is issued to a multinational corporation whose management and headquarters are not located in the United States, or where the policy is not issued by an insurer resident in Bermuda.

scholarly journals Conviction by Consent? Vulnerability, Autonomy and Conviction by Guilty Plea

2019 ◽  
Vol 83 (2) ◽  
pp. 161-172 ◽  
Author(s):  
Rebecca K Helm
Keyword(s):  
United States ◽  
Plea Bargaining ◽  
The United States ◽  
Legal Research ◽  
Criminal Conviction ◽  
England And Wales ◽  
Guilty Plea ◽  
The Usa ◽  
Full Trial

A criminal conviction resulting from a guilty plea rather than a full trial is typically justified on the basis that the defendant had the ability to go to trial but instead chose to admit guilt in exchange for a small sentence reduction. In other words, the conviction, and associated waiver of rights, occurred by consent. In this article, I challenge that notion by drawing on psycho-legal research on vulnerability and consent and research on guilty pleas in the USA. I suggest that while plea procedure in England and Wales appears less coercive than the practice of ‘plea bargaining’ in the United States, aspects of the system are highly problematic and are likely to be leading to non-consensual guilty pleas, through which innocent defendants are pleading guilty.

Introduction

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Criminal Law ◽  
Family Law ◽  
The United States ◽  
The Bible ◽  
The Family ◽  
Important Trend ◽  
The Law

This introductory chapter takes a brief look at family law in the United States as it changed over twentieth century and the start of the twenty-first. “Family law” refers to a particular branch of the law—mostly about marriage, divorce, child custody, family property, adoption, and some related matters. However, this chapter also briefly considers other parts of the law that touch on the family in an important way, such as inheritance or the intersection between criminal law and family affairs. The chapter then considers the changes to family law in this expanded sense. In part, the changes were continuations of trends that started in the nineteenth century; but in part they were completely new. Perhaps the single most important trend was the decline of the traditional family, the family as it was understood in the nineteenth century, the family of the Bible and conventional morality.

scholarly journals Features of training of police employee in the USA

2022 ◽  
pp. 97-106
Author(s):  
Ekaterina Sumina ◽  
Leonid Grischenko ◽  
Ekaterina Sepiashvili
Keyword(s):  
United States ◽  
Police Officers ◽  
Police Training ◽  
The United States ◽  
Thinking Skills ◽  
Critical Thinking Skills ◽  
Psychological Skills ◽  
The Usa ◽  
The Law ◽  
Internal Affairs

The complexities of modern policing require internal affairs agencies to expand the training opportunities for police officers to carry out the tasks assigned to internal affairs agencies. It is not enough to focus solely on the law or on perishable skills such as arrest and control; defensive tactics; driving; and firearms. This article discusses the experience of building and developing the psychological skills required by the United States police force. Police training in the United States focuses on developing the skills needed to deal with the modern challenges that arise in the performance of official tasks. Training involves building and developing skills such as cognitive, emotional, social and moral skills that can improve the condition of police officers, as well as foster relationships between police officers and members of the community. Trained police officers need to develop critical thinking skills, effective communication, and emotional intelligence. The presented article reveals professional competencies for police officers, graduates of the police academy, which were developed by the Law Enforcement Foundation in the United States (Ohio). It also discusses aspects of psychological screening developed by the California Commission on Peacekeeping Training Standards to Consider When Recruiting Police Officers. The authors emphasize that when training police officers in any country, it is necessary to pay special attention to the continuity between training and practical service activities of the police officer.

scholarly journals Duty as a defence between civil disobedience and criminal law

2021 ◽  
pp. 547-562
Author(s):  
Laura Ciccozzi
Keyword(s):  
United States ◽  
Criminal Law ◽  
Civil Disobedience ◽  
The United States ◽  
17Th Century ◽  
Legal Thought ◽  
History Of ◽  
The Law ◽  
The Right ◽  
The Relationship

The history of civil disobedience begins in the United States in the 17th century and has evolved during the centuries. The most modern type of civil disobedience, whistleblowing, is emblematic of how the concept has changed over the last decades.The question of which circumstances justify disobedience to the law is one of the most debated in the history of legal thought. The article analyses the relationship between morality and criminal law or, in other words, between the right (and duty) to disobey certain laws and its consequences.

Statutory Sentencing Reform in Israel: Exploring the Sentencing Law of 2012

2013 ◽  
Vol 46 (3) ◽  
pp. 455-479 ◽  
Author(s):  
Julian V Roberts ◽  
Oren Gazal-Ayal
Keyword(s):  
United States ◽  
New Zealand ◽  
The United States ◽  
Judicial Discretion ◽  
England And Wales ◽  
Sentencing Reform ◽  
Novel Approach ◽  
Sentencing Reforms ◽  
The Law

In 2012 the Knesset approved a new sentencing law. Israel thus became the latest jurisdiction to introduce statutory directions for courts to follow in sentencing. The approach of the United States to structuring judicial discretion often entails the use of a sentencing grid with presumptive sentencing ranges. In contrast, the Sentencing Act of Israel reflects a less prescriptive method: it provides guidance by words rather than numbers. Retributivism is clearly identified as the penal philosophy underpinning the new law, which takes a novel approach to promoting more proportionate sentencing. Courts are directed to construct an individualised proportionate sentencing range appropriate to the case in hand. Once this is established, the court then follows additional directions regarding factors and principles related to sentencing. Although other jurisdictions have placed the purposes and principles of sentencing on a statutory footing, this is the first such legislative declaration in Israel. The statute also contains a methodology to implement a proportional approach to sentencing as well as detailed guidance on sentencing factors. This article describes and explores the new Sentencing Act, making limited comparisons to sentencing reforms in other jurisdictions – principally England and Wales, New Zealand and the United States. In concluding, we speculate on the likely consequences of the law: will it achieve the goals of promoting more consistent and principled sentencing?

Torts and Other Wrongs

2019 ◽  
pp. 1-26
Author(s):  
John Gardner
Keyword(s):  
United States ◽  
New Zealand ◽  
Common Law ◽  
Tort Law ◽  
The United States ◽  
Common Cause ◽  
England And Wales ◽  
The Common ◽  
The Law

This chapter focuses on the law of torts, not in the United States, but in other major common law jurisdictions (England and Wales, Canada, Australia, and New Zealand) in which tort cases are normally adjudicated by judges sitting without juries. It considers the so-called classical interpretation of the common law of torts by John Goldberg and Ben Zipursky, and how they tend to equivocate on an important point of law in a way that puts them at odds with some writers with whom they would do better to make common cause. It suggests that this equivocation is where the law of the United States parts company with the law in the rest of the common law world. The problem, an English lawyer might then teasingly say, is with American tort law rather than with the Goldberg and Zipursky rendition of it.

Sign in / Sign up

Export Citation Format

Share Document