scholarly journals Judicial jurisdiction and Governing law on the work - for - hire(Subject Decision of this Article : Supreme Court Decision2012Da4763 Decided Jan. 15, 2015)

2016 ◽  
Vol 65 (9) ◽  
pp. 716-741
Author(s):  
강명수
Keyword(s):  
Supreme Court ◽  
Governing Law

MV v DSL & GV: arbitration, governing law and jurisdiction clauses

2019 ◽  
Vol 25 (10) ◽  
pp. 1086-1089
Author(s):  
Brian Simms ◽  
Marco Turnquest
Keyword(s):  
Supreme Court ◽  
The Law ◽  
Governing Law

Abstract Two judgments, delivered by the Bahamian Supreme Court on 27 November 2018 and 7 August 2019 in ongoing litigation brought by MV against DSL and GV, provide useful guidance on changing a governing law and the efficacy of arbitration clauses. Courts are ready to construe arbitration clauses in deeds and statutes liberally to achieve their purposes. Sometimes, the best they can do is to highlight any statutory lacuna so that the law can be changed eg by Rules of Court.

The diminishing status of international law in the decisions of the Israeli Supreme Court concerning the Occupied Territories

2020 ◽  
Author(s):  
Tamar Hostovsky Brandes
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Administrative Law ◽  
The Past ◽  
The Supreme Court ◽  
The Status ◽  
Occupied Territories ◽  
The Government ◽  
Israeli Supreme Court ◽  
Governing Law

Abstract This article examines the attitude of the Supreme Court of Israel towards international law in the past decade, focusing on cases concerning the Occupied Territories. It compares the decisions of the past decade to those of the preceding decade, which were characterized as developing a “jurisprudence inspired by international law.” The article argues that the status of international law in decisions that regard the Occupied Territories has, overall, declined. While the international law of occupation still operates, officially, as the governing law in the Occupied Territories, the emphasis on compliance with the norms of international law in the Court’s decisions has decreased. Instead of relying on international law, the Court has increased its reliance on Israeli administrative law, and, in recent years, on Israeli constitutional law. As a result, the distinction between the Occupied Territories and Israel is blurred. The article argues that this shift is consistent with a deliberate eradication of the distinction between Israel and the Occupied Territories by the legislator and the government. While the article does not argue that the Court intentionally supports this eradication, it does argue that it facilitates it.

Malpractice & Negligence: State Supreme Courts Limit Therapists’ Duties to Third Parties

1999 ◽  
Vol 27 (2) ◽  
pp. 204-205
Author(s):  
Megan Cleary
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Supreme Court ◽  
New Hampshire ◽  
Third Parties ◽  
State Supreme Courts ◽  
Recovered Memories ◽  
Supreme Courts ◽  
Repressed Memory ◽  
University Of Colorado

In recent years, the law in the area of recovered memories in child sexual abuse cases has developed rapidly. See J.K. Murray, “Repression, Memory & Suggestibility: A Call for Limitations on the Admissibility of Repressed Memory Testimony in Abuse Trials,” University of Colorado Law Review, 66 (1995): 477-522, at 479. Three cases have defined the scope of liability to third parties. The cases, decided within six months of each other, all involved lawsuits by third parties against therapists, based on treatment in which the patients recovered memories of sexual abuse. The New Hampshire Supreme Court, in Hungerford v. Jones, 722 A.2d 478 (N.H. 1998), allowed such a claim to survive, while the supreme courts in Iowa, in J.A.H. v. Wadle & Associates, 589 N.W.2d 256 (Iowa 1999), and California, in Eear v. Sills, 82 Cal. Rptr. 281 (1991), rejected lawsuits brought by nonpatients for professional liability.

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