Legal Issues

Based on the appellate court opinion for Tri-Valley Cares et al. v Department of Energy, 2006 U.S. App LEXIS 25724, the DOE failed to assess the damage a potential terrorist threat could pose to the residents and environment where the biological weapons research laboratory is proposed to be built. The Court held that since the DOE did not consider the effects of a terrorist attack, the EA is inadequate. The court cited a prior ruling in San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission,...

Examinership refers to an Irish law process which entails obtaining a court protection in order to help or assist a companys survival. This process allows a company to undergo restructuring after being approved by the countrys high court. Examinership or the protection granted by the Irish court to companies against their creditors makes it possible for a company to continue operating its businesses or carrying out trade as well as attract investment for a specified period of time. To attract the...

Law is defined as a collection of rules imposed by authority or a body of rules of conduct inherent in human nature and important to the human society. Laws are enforced by the police, supported by courts and prison systems. In addition laws are usually written by legislators like senators or congressmen The legal system of the United States is actually very complex and it breaks down law into several types which include the following constitution, statutes, common law, administrative regulations...

The judge read his opinion in open Court in the presence of both Attorneys and the Appellant and in studious silence. He began by reciting the grounds of the Appellants appeal. He then set out the factual background of the case before giving reasons for his opinion. Key points of the Opinion The Appellant had argued that the trial Court violated his right to present a defense and to compulsory process by excluding a defense expert in memory theory. The Court rejected this argument because the basis...

In the last few decades, one of the most vibrant sectors in both developed and developing countries is the drug sector. This has led to swift growth of informal trade in the sector. War on drugs has been a litigious issue since its inauguration by the government of the United States. There has been controversy on the enacted laws and their effectiveness. Several instigators have put forth arguments concerning the authenticity and indiscretion of war on drugs as far as the laws are concerned. Some...

The Sherman anti-trust act was enacted in 1890 and formed the basis for future anti-competitive practices laws as the combined effects of prosperity and free market took effect in the American society. The law was drafted during what came to be known in American history as the progressive era, a period during which there was growth of enterprise and regulation. The period lasted between the 1880s and early 1920s, and it was during the period that effects of unregulated enterprise started to appear....

Withholding and withdrawing life support for critically ill patients has become major debate in the public especially in the backdrop of ethical, moral and legal complexities that surrounds the issues. Since the Quinlan case, there are different court rulings that have been made which have affected this issue in one way or another. In order to understand the legal implications of withholding and withdrawing life support for critically ill patients, this paper looks into different court cases and...

As a society that is propelled towards achieving greater breakthrough along the uncertain path of self discovery, we should also acknowledge that, success also generates its own share of problems. This can be linked to the fact that, success provides us with choices. Typically, there is an adage that asserts that todays problems were as a result of yesterdays solutions. Therefore, the ability, or the power to create a new whole life, or a healthy tissue, or a part of any human being begins with...

A glance at the statistical figures of the gross domestic products (GDP) percentages of countries in the course of drawing comparisons between those that adopt the common law and those that adopt the civil law may move us to say that indeed, the civil law fosters an environment where economic growth is fostered at its best. The GDP is an important factor to determine a countrys economic growth based on the assumptions that higher GDPs entail higher national income that could be spent on the necessary...

I. INTRODUCTION When domestic, regional, and international conflicts impinge on human rights to life and freedom to access healthcare, work, and other forms of freedom, many affected individuals are left with one choice for survival- flight. The choice for flight, nonetheless, is not an easy decision, because of the problems of leaving erstwhile stable sources of income and local kinship and community ties, and yet thousands of refugees from all over the world, are forced to flee their countries...