scholarly journals The Private Investigator and the Right to Privacy

1969 ◽  
pp. 256 ◽  
Author(s):  
Elaine F. Geddes
Keyword(s):  
United States ◽  
Criminal Law ◽  
Common Law ◽  
The United States ◽  
The Right To Privacy ◽  
Private Investigator ◽  
The Status ◽  
The Common ◽  
The Individual ◽  
The Right

The author examines the law with respect to the status and powers of private investigators and reviews cases in both Canada and the United States involving the activities of private investigators. Possible remedies available against the private investigator, both in tort and criminal law, are reviewed, as well as American cases on the common law of invasion of privacy, Canadian cases under the various provincial Privacy Acts and possible remedies under the Charter of Rights. Privacy is the right of the individual to decide for himself how much of his life, his thoughts, emotions and the facts that are personal to him he will share with others.

Considering Precedent in Louisiana: Balancing the Value of Predictable and Certain Interpretation with the Tradition of Flexibility and Adaptability

2013 ◽  
pp. 1-19
Author(s):  
Mary Garvey Algero
Keyword(s):  
United States ◽  
New York ◽  
Common Law ◽  
New York State ◽  
Civil Law ◽  
The United States ◽  
Stare Decisis ◽  
The Common ◽  
Judicial Opinions ◽  
The Right

Despite the fundamental differences between the doctrines employed in common law and civil law (or mixed) jurisdictions when it comes to the respect paid to prior court decisions and their weight or value, United States courts that follow the common law doctrine of stare decisis have embraced some of the flexibility inherent in the civil law doctrine, and civil law and mixed jurisdictions throughout the world, including Louisiana, that use the doctrine of jurisprudence constante seem to have come to value the predictability and certainty that come with the common law doctrine. This Article suggests that Louisiana courts are striking the right balance between valuing the predictability and certainty of interpretation that comes with a healthy respect for precedent and maintaining the flexibility and adaptability of the law by not strictly considering precedent a source of law. This Article discusses the results of an ongoing examination of the sources of law and the value of precedent in Louisiana. The examination involves a study of Louisiana legislation, Louisiana courts’ writings about the sources of law and precedent, and a survey of Louisiana judges. Part of the examination included reviewing Louisiana judicial opinions on various issues to determine if there were differences in valuing precedent based on area of law or topic. It also included reviewing judicial opinions from the United States Supreme Court and New York state courts to compare these courts’ approaches to the use of precedent with those of the Louisiana courts. The article is based on a paper presented to the Third Congress of Mixed Jurisdiction Jurists, which was held in Jerusalem, Israel in June 2011, and the author’s prior writings on the subject.

scholarly journals Trade Union Recognition and Australia’s Neo-Liberal Voluntary Bargaining Laws

2003 ◽  
Vol 57 (2) ◽  
pp. 225-251 ◽  
Author(s):  
Ron McCallum
Keyword(s):  
United States ◽  
New Zealand ◽  
Trade Union ◽  
Trade Unions ◽  
Common Law ◽  
Industrial Relations ◽  
The United States ◽  
Recognition Mechanism ◽  
The Common ◽  
The Right

Summary When Australia deregulated its economy in the 1980s, political pressures built up leading in the 1990s to the dismantling of Australia’s industry-wide conciliation and arbitration systems. New laws established regimes of collective bargaining at the level of the employing undertaking. This article analyzes the 1993 and 1996 federal bargaining laws and argues that they fail to protect the right of trade unions to bargain on behalf of their members. This is because the laws do not contain a statutory trade union recognition mechanism. The recognition mechanisms in the Common Law countries of the United States, Canada, Britain and New Zealand are examined, and it is argued that Australia should enact trade union recognition mechanisms that are consonant with its industrial relations history and practice.

Citizenship and Allegiance in Constitutional and International Law

1907 ◽  
Vol 1 (4) ◽  
pp. 914-929 ◽  
Author(s):  
W. W. Willoughby
Keyword(s):  
United States ◽  
International Law ◽  
Good Reason ◽  
The United States ◽  
Political Rights ◽  
American Citizen ◽  
The Status ◽  
American Law ◽  
The Individual ◽  
The Right

The recent report on Citizenship of the United States, Expatriation, and Protection Abroad, together with the work of Mr. Van Dyne on Citizenship of the United States, and the invaluable Digest of International Law, by Prof. John Bassett Moore, render easily accessible and readily comprehensible the principles of the American law with reference to the status of our citizens and of aliens for the time being within our territorial limits. At the same time, however, these publications make more evident the fact that, in many instances, the conflicting claims of two or more states upon the same individual are settled rather by mutual concessions than upon principle; that legal and political rights are asserted, but with an understanding, more or less explicit, that under given circumstances they will not be exercised. Thus, by a legislative act, legally binding upon our executive and judicial officers, we have declared the right of the individual to expatriate himself to be an absolute and indefeasible one, and that the naturalized American citizen is to have the same rights and is to receive the same protection as the native-born citizen, whether or not the state of original allegiance consents to the expatriation thus involved. In practice, this law, thus formally declared, has never been rigidly enforced, for the very good reason that to attempt to do so would lead to constant and serious international difficulties.

scholarly journals Parental Criminal Responsibility for the Misconduct of Their Children: A Consideration

2018 ◽  
Vol 21 ◽  
pp. 1-21
Author(s):  
Charnelle Van der Bijl
Keyword(s):  
United States ◽  
South African ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Common Law ◽  
Strict Liability ◽  
The United States ◽  
Parental Responsibility ◽  
The Common

This contribution examines parental criminal responsibility for the delinquent acts of their children.  As South African law has been swayed by legal philosophy of Anglo-American jurisprudence, a comparative analysis is undertaken with the United States of America, where this issue has been addressed legislatively in both civil tort law and criminal law. The reasoning behind the implementation of specific legislation in the United States is that the common law principles are rooted on the principles of individualisation, which does not specifically cater for parental liability.  Parental responsibility laws have been challenged constitutionally over the years in the United States. Critics are of the view that such laws interfere with the rights of parents to raise their children and are a form of cruel punishment. Additional criticism raised is that parental responsibility laws impose strict liability on parents. Furthermore, some misgivings have been shed that many parents face challenges of being single parents or poverty, which will be exacerbated with the imposition of fines or imprisonment for the misconduct of their children. Despite these concerns and criticism, it will be shown that these laws have withstood the challenges over many decades, in the United States, in both the fields of the law of tort and criminal law. The common law of tort provides for the liability of parents for the conduct of their child. However, such conduct must be specifically attributable to a parent’s action or inaction. The purpose behind tort parental responsibility legislation focuses not only on providing monetary compensation by parents where their children are unable to do so, but also aims to encourage parents to provide better supervision of their children.  At the opposite end of the spectrum, the focus of statutory criminalisation tends to remain on criminal liability of parents for failing to protect others from their child, due to a failure in supervision and to prevent juvenile delinquency.  The South African law of delict is briefly contiguously considered in the context of parental responsibility laws. The concept of parental criminal responsibility laws under South African law is then considered and proffered as a useful mechanism to regulate misconduct of children currently falling outside the aegis of the criminal law.

Accessing Reproductive Technology in France

2021 ◽  
pp. 151-162
Author(s):  
Laurence Brunet ◽  
Véronique Fournier
Keyword(s):  
United States ◽  
Ethical Issues ◽  
Assisted Reproductive Technologies ◽  
The United States ◽  
Legal Framework ◽  
Best Interest ◽  
The Right To Privacy ◽  
Cultural Foundations ◽  
The Individual ◽  
The Right

This chapter compares French and American approaches to assisted reproductive technologies (ART). These countries are a fascinating (and unexplored) mirror: the United States focuses on the individual, while France emphasizes the best interest of society as a whole. This results in an access to ART largely open in the United States, yet all costs are covered by patients, and an access strictly regulated by law in France (and quite restricted until recent changes), yet costs are fully financed. This chapter introduces readers to the legal framework of access to ART in France and its cultural foundations. It highlights the insistence on the “right to privacy” in the United States, a concept much less valued in France, and concludes with a discussion, using clinical cases, of the ethical issues underlying tensions between reproductive autonomy and public policymaking, which differ in both countries.

Is It Safe to Talk,Yet? The Evolution of Electronic Privacy Law

2008 ◽  
pp. 23-35 ◽  
Author(s):  
John Thomas
Keyword(s):  
National Security ◽  
Common Law ◽  
The United States ◽  
Patriot Act ◽  
The Public ◽  
The Right To Privacy ◽  
Privacy Law ◽  
The Common ◽  
The Right ◽  
The U.S

This chapter traces the development in the United States of legal protections of the right to privacy. It begins with the common law “right to be let alone” in the early 1900s and proceeds through the enactment of the U.S. Patriot Act in 2001 and the National Security Administration’s warrantless wire tapping program revealed to the public in 2005. It concludes with a discussion of emerging electronic threats to the security of privacy of the public and concomitant challenges to lawmakers and law enforcers.

Uncommon Law: America's Excessive Criminal Law & Our Common-Law Origins

Daedalus ◽  
2014 ◽  
Vol 143 (3) ◽  
pp. 62-72
Author(s):  
Jonathan Simon
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Social Order ◽  
Justice System ◽  
Common Law ◽  
The United States ◽  
Criminal Courts ◽  
The Common

This essay explores the role that U.S. criminal courts play in shaping the uniquely punitive social order of the United States. U.S. courts have long been defined against the common law of England, from which they emerged. In this essay, I consider the English legacy and suggest that while the United States does draw heavily from common-law traditions, it has also innovated to alter them, a process that has established a criminal justice system even more punitive than that of England.

scholarly journals The Law of Forcible Entry

1969 ◽  
pp. 271
Author(s):  
W. F. Foster ◽  
Joseph E. Magnet
Keyword(s):  
United States ◽  
Criminal Law ◽  
Common Law ◽  
The United States ◽  
Supreme Court Of Canada ◽  
Civil Process ◽  
The Supreme Court ◽  
The Common ◽  
The Law ◽  
Criminal Matters

The author considers the two contradictory interests which the law on forcible entry must try to harmonize, namely the inviolability of the citizen's dwelling place as against the effective enforcement of the criminal law and civil process. He discusses the common law attitude towards forcible entry in civil and criminal matters and its view of the need for announcement prior to such entry. He also deals with developments in the United States in this area and considers the present state of the law of forcible entry in Canada in the light of the decision of the Supreme Court of Canada in Eccles v. Bourque [197S\ S.C.R. 739.

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

Law and Lawyers in the United States: The Common Law under Stress

1967 ◽  
Vol 80 (4) ◽  
pp. 916
Author(s):  
Lord Denning ◽  
Erwin N. Griswold
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
The Common
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