musings from a new legal apparatus.
1. Regional Custom Asylum case – court examines if there was a customary rule that allowed asylum to be sought in this fashion. First court determined that regional custom had to comprise the dual contents of state practice and opinion juris. Important, however, that Silence CANNOT Constitute State Practice in regional custom. One must create …
Continue reading “The Exceptions to Universality of Customary International Law”
Some are curious what the law has to say when it comes to making a decision about the care of someone who’s incapacitated. When it comes to the critically ill, when family members and health care providers disagree on the plan of the care, what is the appropriate role of the courts to intervene? Some …
Continue reading “Pulling the Plug When Family and Health Care Providers Disagree on Care”
Fundamental issues Division of Powers. Impacts how health system is structured. Recent decision in QB CA summarizes federal and provincial responsibilities regarding health care. At issue is whether assisted human reproduction should be federally or provincially regulated. The federal government has traditionally placed this matter under the criminal law head of power. If defeated, they …
Continue reading “Legal Framework of Health Care System in Canada”
An oral security agreement is valid. But that agreement is only enforceable as between the parties. If you want to have priority rights against third parties then there has to be a security agreement in writing. “Enforceability” against third parties: A security interest is enforceable against a third party only where… a description of the …
Continue reading “More Info and Details on the Development of Security Agreements”
Or even once. One of the huge downfalls of the privatized healthcare system in the USA is how a litigious society impacts healthcare. Doctors themselves, and nurses, have to take out insurance policies to protect themselves from impending lawsuits (that in the course of a career can happen multiple times due to legitimate reasons like …
Continue reading “Poor and Nice – Doctors Who’re Never Sued Twice”
US News Law school rankings are out: http://grad-schools.usnews.rankingsandreviews.com/best-graduate-schools/top-law-schools Grad schools always jockey for position in the ranking scheme, after all, prestigious spots covet the best teachers and students, and then the cycle continues. But what else do the rankings induce?