scholarly journals An Unlikely Symbiosis: Science and Law

2020 ◽  
Vol 17 (2) ◽  
pp. 27-33
Author(s):  
Evan Miller
Keyword(s):  
Science Communication ◽  
Public Perception ◽  
The United States ◽  
Human Condition ◽  
Forensic Sciences ◽  
Expert Witnesses ◽  
Law System ◽  
Sociology Of Scientific Knowledge ◽  
High Regard ◽  
The Common

Science has historically held a position of high regard in society. Science is intimately connected to law. These disciplines meet in the courtroom. Due to the nature of civil and criminal disputes in the United States, litigators retain expert witnesses to explicate nuanced subjects, including science. Unfortunately, the common law system has not always favored sound science. This paper examines how science and law can work in concert to benefit all people. Some feel that scientists should simply educate courtrooms, but further scrutiny questions the feasibility of this approach. Understanding the sociology of scientific knowledge elucidates this debate and is applied to the forensic sciences. Science and law have the capacity to improve the human condition and increase equity among all people. KEYWORDS: Science Communication; Expert Witnesses; Science; Public Perception; Law; Misinformation

scholarly journals ECONOMY LAW AND ECONOMIC ANALYSIS OF LAW AND THE IMPACT ON INTELLECTUAL PROPERTY IN THE COMMON LAW SYSTEM

2019 ◽  
Vol 7 (2) ◽  
pp. 474
Author(s):  
Marcelo Negri Soares ◽  
Marcos Eduardo Kauffman ◽  
Raphael Farias Martins
Keyword(s):  
Intellectual Property ◽  
Industrial Revolution ◽  
Common Law ◽  
The United States ◽  
Economic Analysis Of Law ◽  
Law System ◽  
Legal Literature ◽  
The Common ◽  
Common Law System ◽  
The Impact

This article analyses the concept of economics applied to law in order to understand the school's analysis of legal phenomena by economic principles that emerged in 1960 in the United States of America, tracing the impacts on intellectual property law in the Common Law system. This study relies on the hypothetical-deductive method, with a focus on economic and legal literature, to conclude that intellectual property legislation is frequently modernized, especially at the time of major socio economic transformations such as an industrial revolution with the effect of boosting development and innovation, ensuring economic growth with the proper security and protection of industrial secrets and expertise.

scholarly journals Rise in the Freedom of Contract: Development and Enforceability of Forum Selection Clauses

2014 ◽  
Vol 3 (1) ◽  
pp. 43-59
Author(s):  
Shreyan Sengupta ◽  
Anirudhya Dutta
Keyword(s):  
United States ◽  
United States Of America ◽  
Common Law ◽  
The United States ◽  
Law System ◽  
Freedom Of Contract ◽  
The United Kingdom ◽  
Evolution And Development ◽  
The Common ◽  
Judicial Interpretations

Corporations and business houses of the present day require sound redressal mechanisms to mitigate commercial disputes with ease and efficiency. „Forum selection clauses‟ are an easy way out of the turmoil often faced by firms during contractual disputes. Traditionally, the United Kingdom and the United States of America have been very restrictive about enforcing forum selection clauses, however liberalizing it very recently. This article through doctrinal study shows the present situation for forum selection enforcement in India and United States. Courts in India generally have followed the trend as laid down in the United States. There have been diverse judicial interpretations regarding validity of forum selections clauses across the common law system. The article discusses the judicial interpretations which has led to the evolution and development of such contract clauses.

Science Communication at Scientific Institutions

2017 ◽  
Author(s):  
Tiffany Lohwater ◽  
Martin Storksdieck
Keyword(s):  
Science Communication ◽  
Scientific Community ◽  
Public Perception ◽  
American Association ◽  
Scientific Information ◽  
The United States ◽  
Theory And Practice ◽  
Complex World ◽  
Scientific Institutions ◽  
Practice Of Science

This chapter presents communication perspectives on two reputable science institutions in the United States, each with historic and modern roles in shaping the enterprise of science, as well as practice in communicating science: the American Association for the Advancement of Science and the National Academies of Sciences, Engineering, and Medicine. The discussion includes an overview of how these institutions synthesize and communicate scientific knowledge and an examination of their efforts not only to convey scientific information to the broader public but also to serve as a respected voice for the scientific community. It reveals tensions that occur when institutions dedicated to the advancement of science interface with the complex world of public perception and public policy. The chapter concludes by advocating for better connecting the theory and practice of science communication and calls for encouraging increased interaction and collaboration between science communication researchers and practitioners.

The Practice of Multiple Shari'ah Board Directorship and Fiduciary Duties

2020 ◽  
pp. 372-405
Author(s):  
Abd Hakim Abd Razak
Keyword(s):  
Common Law ◽  
The United States ◽  
Best Interest ◽  
Fiduciary Duties ◽  
Law System ◽  
Legal Studies ◽  
Business Operations ◽  
The United Kingdom ◽  
Islamic Financial Institutions ◽  
The Common

This chapter examines the legal paradigm of the application of multiple Shari'ah board directorship practice from the common law context of directorial fiduciary duties. It employs the critical legal studies approach to analyse the principles, legislations, case laws, policies, and guidelines in the United States, European Union, the United Kingdom, Ireland and Germany. This study scrutinises the polarity of views concerning the pragmatic Masyaqqah (necessity) surrounding the practice in discussion: the Masyaqqah that encourages and one that discourages the application of the practice and places these against the two predominant directorial fiduciary duties under the common law system namely, the duty to act bona fide and in the best interest of the company, and the duty to avoid conflict of interest. Whilst the practice has proven to benefit Islamic financial institutions (‘IFIs'), the findings also notice the substantial risks it could inflict on the IFIs' business operations; some which could seriously damage their Shari'ah compliance assurance.

“A Refractory and Turbulent Spirit”: Origins of Mississippi Law

2019 ◽  
pp. 10-34
Author(s):  
Joseph A. Ranney
Keyword(s):  
United States ◽  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
Economic Opportunity ◽  
Law System ◽  
Legal Code ◽  
The Common ◽  
Civil Law System

Mississippi operated under a civil-law system for more than a century as a French and Spanish colony, a system very different from the common-law system that replaced it after the United States acquired Mississippi. Important elements of civil law were preserved in the new territory’s law and in its first legal code, created by governor Winthrop Sargent (1798-99). After statehood (1817) political power shifted away from Natchez planters and merchants to the small planters and farmers who settled the rest of the state. Mississippi’s legal system likewise evolved from one that favored the Natchez aristocracy to one based on popular democracy and the promotion of economic opportunity. The state’s second constitution (1832) vividly expressed these ideals.

The Role of the Judiciary in Promoting the Right to a Clean Environment in Kuwait, Egypt and the United States

2020 ◽  
pp. 1-43
Author(s):  
Ahmad S. Al-Otaibi ◽  
John H. Minan
Keyword(s):  
United States ◽  
The United States ◽  
Legal Systems ◽  
Law System ◽  
Legal Provisions ◽  
Clean Environment ◽  
The Common ◽  
The Right ◽  
Shed Light

Abstract The judiciary has a very significant role to play in safeguarding the environment and promoting the right to a clean environment. This study focuses on the role of the judiciary in promoting the right to a clean environment, and, in this regard, will examine the Kuwaiti and Egyptian experience, as both legal systems are among the civil law practice. In addition, it is of importance to expand the study to a different legal practice, such as the common law system. Therefore, this research will also shed light on the role of the judiciary in the United States of America to establish a comparison between three different legal systems. In the course of this study, constitutional, administrative, and other legal provisions will be examined. In addition, significant cases of concern will be provided and discussed in a descriptive, analytical, and critical manner.

scholarly journals The Nature and Diversity of Personal Property Security Systems in Canada

2019 ◽  
Vol 23 (1) ◽  
pp. 109-136
Author(s):  
Martin Boodman
Keyword(s):  
Common Law ◽  
Civil Law ◽  
The United States ◽  
Security Systems ◽  
Law System ◽  
Personal Property ◽  
The Common ◽  
Similarities And Differences ◽  
Civil Law System ◽  
Substantial Degree

In Canada, there are three natural groupings of personal property security systems. These are the Common law systems of nine provinces and two territories, the Civil law system of Québec and the Canadian federal legislation relevant to secured lending. The Common law jurisdictions subdivide into two groups consisting of those which have adopted or are about to adopt unitary personal property security legislation modelled upon Article 9 of the U.C.C. of the United States, and those which have not and are not about to adopt such legislation. The purpose of this paper is to describe the common and disparate features of the systems for security on personal or moveable property in Canada. The descriptive exercise indicates that it is impossible to characterize the law in this domain as either completely divergent or homogeneous and that, despite similarities and differences, there is a substantial degree of commensurability among Canadian systems of security on personal property.

Benjamin Henry Latrobe and the nomenclature of two North American fishes

1987 ◽  
Vol 14 (1) ◽  
pp. 85-88
Author(s):  
CHARLOTTE M PORTER
Keyword(s):  
United States ◽  
North American ◽  
The United States ◽  
American Shad ◽  
New Name ◽  
The Common ◽  
Fish Louse

A curious error affects the names of three North American clupeids—the Alewife, American Shad, and Menhaden. The Alewife was first described by the British-born American architect, Benjamin Henry Latrobe in 1799, just two years after what is generally acknowledged as the earliest description of any ichthyological species published in the United States. Latrobe also described the ‘fish louse’, the common isopod parasite of the Alewife, with the new name, Oniscus praegustator. Expressing an enthusiasm for American independence typical of his generation, Latrobe humorously proposed the name Clupea tyrannus for the Alewife because the fish, like all tyrants, had parasites or hangers-on.

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.

Progressive Catholicism in the United States

2018 ◽  
Author(s):  
Matthew A. Shadle
Keyword(s):  
Common Good ◽  
The United States ◽  
Economic Life ◽  
Ethical Framework ◽  
Social Teaching ◽  
American Catholicism ◽  
The Common Good ◽  
The Us ◽  
The Common ◽  
American Society

American Catholicism has long adapted to US liberal institutions. Progressive Catholicism has taken the liberal values of democratic participation and human rights and made them central to its interpretation of Catholic social teaching. This chapter explores in detail the thought of David Hollenbach, S.J., a leading representative of progressive Catholicism. Hollenbach has proposed an ethical framework for an economy aimed at the common good, ensuring that the basic needs of all are met and that all are able to participate in economic life. The chapter also looks at the US Catholic bishops’ 1986 pastoral letter Economic Justice for All, which emphasizes similar themes while also promoting collaboration between the different sectors of American society for the sake of the common good.

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