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Keyword: commonlaw

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  • Judging a Book by its Cover is More Dangerous Than Ever.

    02/14/2018 5:44:18 PM PST · by jfd1776 · 3 replies
    Illinois Review ^ | February 14, 2018 A.D. | John F. Di Leo
    Reflections on Jeff Sessions and our "Anglo-American" legal system… Among the first truisms we learn as children is the old saying “Don’t judge a book by its cover.” Good advice, any way you look at it. Antique dealers, realtors, food critics, and a thousand other professions will attest to the fact that the contents are often either much better or much worse than a product’s first appearance. The newspaper business, however, was supposed to be an exception to this rule. Traditionally, a headline was a pull quote or summary statement about one of the key elements in an article, so...
  • Jeff Sessions remarks on ‘Anglo-American heritage of law enforcement’

    02/12/2018 3:02:22 PM PST · by BenLurkin · 33 replies
    Attorney General Jeff Sessions called sheriffs a "critical part of the Anglo-American heritage of law enforcement" during a speech Monday. "We must never erode this historic office," he told the National Sheriffs' Association. "I know this, you know this. We want to be partners, we don’t want to be bosses. We want to strengthen you and help you be more effective in your work." Sessions made the comment after praising the 75-year-old law enforcement group and its effort to help the Justice Department and President Donald Trump crack down on illegal immigration, among other law enforcement issues. ... “As most...
  • Gay Couples in Common Law Marriage States: Call Your Lawyer

    09/30/2015 7:39:35 AM PDT · by Zakeet · 28 replies
    Legal Insurrection ^ | September 30, 2015 | Sarah Rumpf
    A wedding is not just two people exchanging rings; it is an entanglement of their personal, legal, and business affairs. For better or for worse, marriage affects a broad and substantial list of rights involving inheritance, property, child custody, and more. Now that gay marriage is legal in all fifty states, both the people involved in gay relationships and the legislators drafting the laws that govern all these rights need to carefully analyze the issues presented. As it turns out, those who cheered the decision [legalizing homosexual marriage] may have their own reasons to worry. The Law of Unintended Consequences...
  • The Children of Illegal Immigrants Are Not Born American Citizens

    08/27/2015 6:39:12 PM PDT · by Sean_Anthony · 7 replies
    Canada Free Press ^ | 08/27/15 | Tim Dunkin
    Anchor Babies, Common Law, The Constitution, Eliminate birthright citizenship for the children of illegal immigrants Once again, Donald Trump has managed to open up a robust national discussion about an issue that up to this point had been largely ignored by the political class. This time, the discussion is about so-called “birthright citizenship,” the idea that whenever a foreign national (regardless of legal status and with a very few exceptions) has a child on American soil, this child automatically becomes an American citizen from birth. This approach to citizenship has been the de facto (though not de jure) approach to...
  • Happy common-law birthday!

    06/22/2014 9:32:21 AM PDT · by right-wing agnostic · 8 replies
    The Volokh Conspiracy ^ | June 20, 2014 | Eugene Volokh
    An odd fact: Under the common law, as reported by Blackstone’s Commentaries: [F]ull age in male or female is twenty one years, which age is completed on the day preceding the anniversary of a person’s birth. And here is the explanation from Edward Christian, who edited the 1803 edition of Blackstone, If he is born on the 1st of January, he is of age to do any legal act on the morning of the last day of December, though he may not have lived twenty-one years by nearly forty-eight hours: the reason assigned is, that in law there is no...
  • The English Common Law Definition of Natural Law Is Not Part Of The Law Of Nations.

    01/24/2012 5:37:37 PM PST · by Danae · 23 replies
    Natural Born Citizen ^ | 1/24/2012 | Leo Donofrio Esq
    The English Common Law Definition of Natural Law Is Not Part Of The Law Of Nations. Some have written to ask me whether the Law of Nations is based on natural law, and whether this creates a contradiction to my argument in the Amicus Brief I have submitted in the Georgia POTUS eligibility cases. The answer is no, it is not a contradiction in any way, shape or form. And here’s why:Customs of international law have developed over millenia as nations have confronted each other. These customs created international law, aka, the Law of Nations. The Law of Nations respects...
  • Justices asked to review ruling; Attorney general opposes decision on police searches

    05/21/2011 5:40:57 AM PDT · by John W · 32 replies · 1+ views
    Fort Wayne Journal Gazette ^ | May 21, 2011 | Niki Kelly
    INDIANAPOLIS – Indiana Attorney General Greg Zoeller on Friday joined the chorus of Hoosiers protesting a controversial Fourth Amendment ruling recently decided by the Indiana Supreme Court. Zoeller released a statement saying he will support a rehearing of the case due to concerns that the court ruled too broadly when it found citizens have no right under common law to reasonably resist police who unlawfully enter their homes. The Barnes v. State ruling came last week and was the first major opinion penned by Justice Steven David – Gov. Mitch Daniels’ appointment. “We believe however that a right to resist...
  • Natural Born Citizen Not Same as Natural Born Subject

    In feudal or monarchical constitutional theory, individuals were the subjects of a monarch or sovereign, but the republican constitutional theory of therevolutionary and post-revolutionary period conceived of the individual as a citizen andassigned sovereignty to the people. The distinction between citizens and subjects is reflected in Chief Justice John Jay’s opinion in Chisholm v. Georgia, [2 U.S. (2 Dall.)419 (1793)the first great constitutional case decided after the ratification of the Constitution of 1789: [T]he sovereignty of the nation is in the people of the nation, and the residuary sovereignty of each State in the people of each State . ....
  • Kagan: Unfit for the Supreme Court

    07/05/2010 5:08:16 AM PDT · by Scanian · 12 replies
    The American Thinker ^ | July 05, 2010 | James H. Warner
    On June 30, in her confirmation hearings, Solicitor General Elena Kagan gave a response which gives me pause about her fitness to serve on the Supreme Court. Senator Tom Coburn, Republican of Oklahoma, asked her view of the natural right to self-defense. She responded, hesitantly, that she didn't have a view of natural rights, independent of the Constitution. But natural rights, independent of the Constitution, form the very fabric of it. Let me explain. The US Supreme Court, the court to which Elena Kagan aspires, said in Ex Parte Grossman, 267 US 87, 108 (1925), "The language of the Constitution...
  • Shackin' up just isn't the same as tying the knot

    03/02/2010 8:10:09 PM PST · by canuck_conservative · 28 replies · 742+ views
    Reuters / National Post [Canada] ^ | Tuesday, March 2, 2010 | Deborah Zabarenko
    U.S. marriages last longer than unions where couples live together outside matrimony, the Centers for Disease Control reported today. About 78% of marriages lasted five years or more, compared with less than 30% of what the CDC called cohabiting unions, or couples living together outside marriage. One reason cohabitations were shorter-lived than marriages is that 51% of couples who lived together made the transition to marriage within three years, CDC said in a statement.... Other findings: • The odds of staying together 10 years or longer in a first marriage are better for couples of the same racial origin, the...
  • The Law of Nations and Not English Common Law Defines [a] "Natural Born Citizen"

    08/23/2009 10:19:26 AM PDT · by Vincent Jappi · 7 replies · 806+ views
    A Place to Ask Questions To Get the Right Answers ^ | August 20, 2009 | Mario Apuzzo, Esq.
    Given the profound differences between the citizenship rules associated with the English common law and those connected with American national citizenship, it is evident that the Founders did not use English common law to define what an Article II “natural born Citizen” is but rather used the law of nations for that purpose.
  • William S. Stevens, 60, Dies; Wrote Infield Fly Note

    12/12/2008 7:03:13 PM PST · by T-Bird45 · 3 replies · 900+ views
    New York Times ^ | 12/11/08 | William Grimes
    William S. Stevens, whose slyly humorous law-review note on the relationship between baseball’s infield fly rule and Anglo-American common law became one of the most celebrated and imitated analyses in American legal history, died Monday in Anchorage, where he was working. He was 60 and lived in Narberth, Pa. "The Common Law Origins of the Infield Fly Rule," 1975 The cause was a heart attack, said T. Dennis Sullivan, his brother-in-law. Mr. Stevens was a law student at the University of Pennsylvania in 1975 when he wrote an anonymous note for the university’s law review that drew an ingenious analogy...

    12/02/2008 10:05:36 AM PST · by MHGinTN · 45 replies · 1,281+ views
    Leo Donofrio ^ | 12/1/08 | Leo Donofrio
    On November 28, 2008, Judah Benjamin published an article at the Texas Darlin blog which discussed my case and the natural born citizen issue. While I enjoyed reading this article, and I agree with the conclusion - that Obama is not eligible - I disagree with the basis upon which that conclusion was made. (snip)... There are two mistakes in his article which need to be addressed. FIRST MISTAKE: Failure to state cited law was repealed. Judah mentions the 1790 naturalization act as follows: (snip) ... SECOND MISTAKE: Failure to properly analyze common law. Congress having repealed the”natural born provision”...
  • Origins of California real estate law (vanity)

    10/31/2008 10:55:58 AM PDT · by wac3rd · 184+ views
    The English commmon law system began with William the Conqueror's Norman invasion of England in 1066. During that period, England was a fractionalized island since various invaders had established settlements, including the Angles, Saxons, Celts and even the Vikings. Naturally, these distinctive peoples spoke different languages and settled legal disputes based on their own local customs. William the Conqueror's goal was to create one uniform or common language and one common law for all of England.
  • Georgia judge voids 10 year sentence in conseunsual teen sex case.

    06/11/2007 11:05:28 AM PDT · by John Cena · 368 replies · 7,477+ views
    ATLANTA — A Georgia judge on Monday voided a 10-year sentence given to a man who was convicted while a teenager of having consensual oral sex with a 15-year-old girl. Monroe County Superior Court Judge Thomas Wilson voided Genarlow Wilson's sentence and dropped it to misdemeanor aggravated child molestation with a 12-month sentence, plus credit for time served. Under the new ruling, he will not be required to register as a sex offender
  • Unmarried couples could be granted 'divorce' rights

    10/31/2006 3:26:55 AM PST · by Mrs Ivan · 25 replies · 770+ views
    The Daily Mail ^ | 31st October 2006
    Unmarried couples will be able to claim a share of each other's wealth if they break up under new laws planned by ministers. Cohabitees could be entitled to divorce-style payments if they split, including lump sums, maintenance payments or a share of property and pensions. Family justice minister Harriet Harman said: "There is evidently a problem where a couple have lived together for a long time, brought up children together, she's stayed at home so he could go out to work and pay the mortgage, and she discovers at the end of the relationship that she's left without a roof...
  • The Perversion of Our Laws

    10/13/2006 11:09:53 AM PDT · by Rurudyne · 33 replies · 1,033+ views
    First let me say that the legal profession HAS inflicted an incalculable harm on this nation in the manner in which they have exercised stewardship over our laws. Part and parcel of the problem with our legal system is that it no longer happens in a language that is actually English. Sure, it uses words and syntax that are similar to ordinary speech, but the usage and logic form a specialized jargon that only lawyers tend to have mastery of. The use of this jargon, this legalese, was justified by the stated desire for precision in legal matters; however, it...
  • Ghost of Napoleon haunts Tony Blair (Napoleonic Law vs. Common Law 200 Yrs Later)

    12/05/2005 5:00:58 PM PST · by RWR8189 · 35 replies · 3,763+ views
    Los Angeles Times ^ | December 5, 2005 | Niall Ferguson:
     The divergence of Britain from the Continent can be traced to Bonaparte's greatest victory 200 years ago -- and his enduring legacy.IT IS IN Book III of "War and Peace" that Tolstoy memorably describes the Battle of Austerlitz — "the battle of the three emperors" — the 200th anniversary of which fell on Friday. This was the greatest victory of Napoleon Bonaparte's career. At the time, it seemed far more important than his navy's defeat at Trafalgar two months before. Its consequences are still with us. By routing the combined armies of Austria and Russia, Austerlitz enabled Napoleon literally to...
  • Britain’s Unique Heritage of Law Threatened by an EU Police State

    01/25/2005 11:42:35 AM PST · by -=[_Super_Secret_Agent_]=- · 17 replies · 655+ views
    EIPS ^ | Tuesday, January 25, 2005 | Michael A. Clark
    Britain’s Unique Heritage of Law Threatened by an EU Police State A Napoleonic System of Repression Now Confirmed in Corpus Juris Michael A. Clark A very grave threat now exists to the ancient liberties of the citizens of the United Kingdom. The whole foundation of the judicial law in the nation state is about to be overturned by a system based on dictatorship and oppression of the spirit. The plan to impose a single criminal justice system throughout the European Union, including the United Kingdom, is advancing at a rapid pace. Under the system proposed by Brussels, known as Corpus...
  • Freedom in Jeopardy: A Case against the EU and Internationalism

    01/16/2005 5:54:13 PM PST · by -=[_Super_Secret_Agent_]=- · 4 replies · 509+ views ^ | January 15, 2004 | Darren Andrews
    Freedom brings Happiness All people want to be free. We can only grow and learn to the degree that we are free. We can only know true fulfilment to the degree that we are free. It is only through being free that mankind can reach his potential. In short, we can only be happy to the degree that we are free, for those things which bring us true joy can only be obtained through the use of those faculties which freedom vouchsafes to us; and through experience we know that being forced or coerced is anathema to both the human...