Home Buyers’ and Vendors’ Behaviours: Analysis of Judicial Decisions

2017 ◽  
Vol 2 (6) ◽  
pp. 229
Author(s):  
Nuraisyah Chua Abdullah ◽  
Ramzyzan Ramly ◽  
Muhammad Izwan Ikhsan
Keyword(s):  
United States ◽  
The United States ◽  
Consumer Education ◽  
Judicial Decisions

This paper examines the behaviour of vendors and purchasers indirectly through the judicial decisions in Malaysia, Australia, and the United States. The decided cases illustrate that buyers are still indolent in their duty to conduct pre-purchase inspections, some vendors were seen to have actively concealed defects in the property and fraudulently misrepresented the conditions of the properties. This paper suggests consumer education for both the vendors and purchasers and the extension of the jurisdiction of either the Tribunal for Homebuyers Claims or the Tribunal for Consumer Claims to include matters regarding the dispute as to the condition of the property.

Law Struggles, Lawmaking, and the Politics of Hegemony in Neoliberal India

2017 ◽  
Author(s):  
Kenneth Bo Nielsen ◽  
Alf Gunvald Nilsen
Keyword(s):  
United States ◽  
The United States ◽  
Land Acquisition ◽  
Ethical Perspective ◽  
Judicial Decisions ◽  
Fair Compensation ◽  
The Right ◽  
Neoliberal India ◽  
Land Question

The chapter examines the fairness claim of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013. The author uses the utilitarian fairness standard proposed by one of the most influential American constitutional scholars of the twentieth and twenty-first centuries, Frank Michelman, whose study of judicial decisions from an ethical perspective by introducing the concept of “demoralization costs” has shaped the interpretational debate on takings law in the United States. Michelman’s analysis is particularly relevant for the land question in India today since there is a widespread feeling that millions of people have been unfairly deprived of their land and livelihoods. The chapter looks at the role of the Indian judiciary in interpreting the land acquisition legislation since landmark judgments affect the morale of society. It concludes that using Michelman’s standard would help in bringing about greater “fairness” than what the new legislation has achieved.

Racialization through Enforcement

2018 ◽  
Author(s):  
Jennifer M. Chacón ◽  
Susan Bibler Coutin
Keyword(s):  
United States ◽  
Racial Identity ◽  
Racial Profiling ◽  
The United States ◽  
Immigration Law ◽  
National Origin ◽  
Immigration Enforcement ◽  
Racial Hierarchy ◽  
Judicial Decisions

Immigration law and enforcement choices have enhanced the salience of Latino racial identity in the United States. Yet, to date, courts and administrative agencies have proven remarkably reluctant to confront head on the role of race in immigration enforcement practices. Courts improperly conflate legal nationality and ‘national origin’, thereby cloaking in legality impermissible profiling based on national origin. Courts also maintain the primacy of purported security concerns over the equal protection concerns raised by racial profiling in routine immigration enforcement activities. This, in turn, promotes racially motivated policing practices, reifying both racial distinctions and racial discrimination. Drawing on textual analysis of judicial decisions as well as on interviews with immigrants and immigrant justice organization staff in California, this chapter illustrates how courts contribute to racialized immigration enforcement practices, and explores how those practices affect individual immigrants’ articulation of racial identity and their perceptions of race and racial hierarchy in their communities.

Parallels between Talmudic and New York Usury Laws

1966 ◽  
Vol 9 (1) ◽  
pp. 84-100 ◽  
Author(s):  
Bernard J. Meislin
Keyword(s):  
United States ◽  
New York ◽  
Economic System ◽  
Common Law ◽  
The United States ◽  
Jewish Law ◽  
Special Situation ◽  
Judicial Decisions ◽  
Legal Limits ◽  
Communist Countries

The two jurisdictions with the greatest volume and complexity of laws dealing with usury are the United States and Israel. England, the wellspring of our common law, and one of present-day Israel's legal fonts, did away with all regulation of interest over a century ago. All of continental Europe contains only two or three jurisdictions which apply legal limits to interest on loans. The communist countries present a special situation since private loans at interest have no official place in the economic system. Islamic countries, like Pakistan, constitutionally frown on interest but it is present in practice, thereby embarrassing the secular authorities. However, the extent of legal experience with loans at interest in all other jurisdictions combined does not rival that wealth of elaborate study which is to be found in judicial decisions and legislative documents in American and Jewish law. It is, therefore, of interest to examine from a comparative standpoint the approach to usury taken by United States' courts and by Jewish legal authorities to see in which respects they differ and are similar.

How Courts Structure State-Level Representation

2018 ◽  
Vol 18 (1) ◽  
pp. 27-60 ◽  
Author(s):  
Jonathan P. Kastellec
Keyword(s):  
United States ◽  
Public Opinion ◽  
Median Voter ◽  
State Level ◽  
The United States ◽  
Federal Courts ◽  
State Courts ◽  
Judicial Decisions ◽  
Structure State ◽  
The Relationship

I examine how courts condition the relationship between state-level public opinion and policy. The system of federalism in the United States allows federal and state courts to establish the types of policies that states are constitutionally allowed to implement. In particular, federal courts can set “federal floors” for policy, below which no states can go. State courts, in turn, can raise the level of this floor. Thus, both federal and state courts shape whether state policy can match the preferences of the median voter in a given state. Analyzing data on public opinion, judicial decisions, and state-level policy on the issue of abortion, from 1973 to 2012, I show that changes in the set of allowable abortion restrictions, according to the combined decisions of state and federal courts, significantly affect whether states implement majority-preferred policies. I also show that ignoring the influence of courts on the policymaking environment significantly affects the estimated level of policy congruence and thus conclusions about the scope of representation. These results demonstrate the importance of placing courts in the larger study of state-level representation.

Crime and Punishment: China and the United States

1968 ◽  
Vol 21 (1) ◽  
pp. 152-181
Author(s):  
Richard M. Pfeffer
Keyword(s):  
United States ◽  
The United States ◽  
Reporter System ◽  
Criminal Process ◽  
Crime And Punishment ◽  
Judicial Decisions ◽  
Broad Agreement ◽  
Class And Status ◽  
Status Differences

There is broad agreement among Western scholars that under the Communists the criminal process in China1 is arbitrary, highly politicized, and responsive to class and status differences among its targets. It is frequently pointed out, quite accurately, that China has no criminal codes and no public-reporter system of judicial decisions and that important substantive laws often are unpublished or, if published, very vague. Theorists of totalitarianism even doubt the existence of legality within such systems.

scholarly journals ARTICLE: Elder Care in the United States: Filial Responsibility Laws, Judicial Decisions, and Enforcement Issues

2018 ◽  
Author(s):  
Sesha Kethineni (Prairie View A & M University) ◽  
Gowtami Rajendran (University of Houston-Clear Lake)
Keyword(s):  
United States ◽  
Elder Care ◽  
The United States ◽  
Filial Responsibility ◽  
Judicial Decisions
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