Category Archives: Law
Copyright
Copyright is a legal fiction designed to protect the works of artists, inventors and innovators. In essence, it is a legal bar, allowing exclusivity for those who create works in the form of an intangible asset which can be sold or relinquished, and which expires upon a certain period of time. With the growth of … Continue reading
Executive Compensation to the People
There is a bill in the progress before the House of Representatives that is trying to put the issue of the pay and compensation package that executives of publicly traded companies receive in front of stockholders. This bill is actually expected to pass through the house successfully; however, it is unclear how well the Senate … Continue reading
Gun Control Under Debate
After the recent massacre at Virginia Tech, once again the mammoth issue of gun control has been brought up at full force. Many are highly upset that even after gun control laws have been enacted that the killer in the massacre was approved for a gun and purchased it in less than 30 minutes. Many … Continue reading
Minimising Tax Liability On Death
When we die, most of us leave behind a fairly substantial and intricate web of assets and liabilities, including money, our home and our other possessions. In most jurisdictions, there arises a liability to tax on death that must be borne from the totality of the estate, and this can lead to a significant reduction … Continue reading
Natural Law Theory
In attempting to garner an understanding of the nature of law, early legal philosophers and academics formulated what has come to be known as the natural law theory, and has become a literal cornerstone of the development of modern legal thinking. Although somewhat limited in modern jurisprudential thinking, natural law has had a tremendous impact … Continue reading
Natural Law vs. Positivism
The philosophy of law is a complex and in depth study, which requires an intimate knowledge of the legal process in general as well as a philosophical mind. For centuries, the scope and nature of law has been debated and argued from various view points, and intense intellectual discussion has arisen from the fundamental question … Continue reading
No Child Left Behind
What exactly does No Child Left Behind really mean? Does that mean that a school bus driver agrees not to leave my child at school, or does it have a deeper meaning for parents to look into? What it really means, is that schools are forced to link the money they receive from the federal … Continue reading
Online Campaigns
Where in the world can a person check their mail, pay bills, check bank balances, book a vacation, and show support for their favorite political candidate all in the same place? Simple – online of course. Candidates and politicians are looking to cash in on the most impact for their time and what better way … Continue reading
Positivist Legal Theory
The question of the character of law is primarily a simple one, although it presents a diversity of argumentation to make it an academic favourite and a thought-provoking topic of debate. Positivism is the term describing the school of legal thought that follows that law is an authoritative, binding, regulatory construct. It holds at its … Continue reading
Sex Offender Laws
With the high rise in the number of sex offenders who are also repeated offenders the federal government decided to impose laws requiring all convicted sexual offenders to register with the states in which they live. Although this measure is controversial, government officials are claiming that it is an increasingly effective method of avoiding re-offending … Continue reading
Stem Cell Research- Good or Bad?
This is a very ‘hot button’ issue that keeps arising in the face of politicians everywhere in the country. What if anything should the government involve itself in for the issues of stem cell research? How far should the government press into the fields of medical science research? Should the government interfere at all, or … Continue reading
Straight Marriages – Gay Unions
The debate of gay marriages has been a very hot political topic for many years and with being such a hot topic it is almost astounding the number of places that have come out publicly either for or against the topic. While there are few states who allow the idea of a gay or same-sex … Continue reading
Succession Law: The Importance of Having a Will
Although we might not like to think of it, death is a certain fate for us all. When we pass away, our families will go through a stressful and traumatic time as they come to terms with their loss. At the same time, there is a requirement for the administration of our estate, and this … Continue reading
Supreme Court Abortion Decision
After much deliberation and discussion, the Supreme Court has returned a critical strike to the core of women’s rights in the abortion arena. The court in a 5-4 decision banned a medical procedure known as a partial-birth abortion or Dilation and Extraction. This abortion procedure was performed after the 20th week of pregnancy. While the … Continue reading
Taxation Law for Small Businesses
Taxation law is a complex and in-depth area of concern for the small business owner. With potential pecuniary and criminal consequences, it is of paramount importance to ensure as a business owner, you are familiar with the tax consequences in your jurisdictions, and the ways in which you can minimise your liability. Whilst one of … Continue reading
Taxation Law for the Sole Trader
They say the only things in life that are certain are death and taxes. For the sole trader, this is definitely the case, and at times it can seem like an overbearing pressure. Thankfully, for the sole trader there are many ways in which you can minimise liability to income tax and leave more in … Continue reading
The European Convention on Human Rights: The Wider Implications
The European Convention on Human Rights has seen vast changes to the legal framework of countries across Europe. By imposing fundamental freedoms and liberties in an indefeasible form, it has created a host of legal problems and issues for courts to tackle in an attempt to improve human rights. Distinct from the US, which already … Continue reading
The Fairness of Limited Liability
Limited liability is one of the most successful commercial creations of all time, almost singularly responsible for the growth and expansion of capitalism. Encouraging risk and promoting successful enterprise through both small and large businesses alike, limited liability has been the driving force behind economic success in the Western world and is one of the … Continue reading
The INS, Role, and Responsibilities
In the days following the 9/11 attacks there have been many changes in the organization and how the government handles the flow of people coming into the country. The INS was first started as the organization that was responsible for handing the people who were applying for citizenship and residency. INS stands for Immigration and … Continue reading
The Potential Effects of The Iraqi War on the Election
The upcoming election has many people wondering exactly how the ‘War on Terror’ will effect the decision for our next President. With President Bush’s approval ratings taking a nose-dive in recent years it seems as if the American people are ready for a change, and want the troops that have been overseas for so long … Continue reading
The Scope and Nature of the Criminal Law
In our private lives, the area of law we will experience the most, either directly or indirectly would have to be the criminal law. Not necessarily through contravening its principals, the individual citizen will more commonly encounter its breadth in the course of their everyday lives, considering as a factor the legal ramifications of any … Continue reading
The UK Constitution: Does it Exist?
The UK is one of the few developed countries in the world without a written constitution. Despite this, its economy is prospering as it strengthens its position as one of the richest nations in the world. On top of that, it is pivotally located within the European federal framework in spite of its comparatively small … Continue reading
Washington D.C. in the House
After being told no for the last 200 years, the House of Representatives have okayed a bill that would allow a House of Representatives position to be created for the residents of the District of Columbia. This is a complete shock to some, who analyze the situation and state that technically the District of Columbia … Continue reading
What Does The Law Mean To You?
Although we all have an understanding of what law is, and generally why it’s appropriate that it should be in place to serve and regulate our conduct in society, we seldom think of what law actually means in an everyday context. What is law for the average Joe in the street? How does law impact … Continue reading
Women’s Rights
In previous years, generations ago women were considered property of the husband or father to whom they belonged. Now as we have progressed into the 21st century women have stepped up to the plate and are an integral part of society and politics, on an entirely equal footing with men. In the past, women were … Continue reading
