Recent Cases

CONFLICT OF LAWS--FULL FAITH AND CREDIT--DOMESTIC SEPARATE MAINTENANCE DECREE SURVIVES FOREIGN DIVORCE ============================== CONSTITUTIONAL LAW--DUE PROCESS--USE OF PEREMPTORY\u27CHALLENGE TO EXCLUDE ALL MEMBERS OF ACCUSED\u27S RACE FROM TRIAL JURY ============================== CONSTITUTIONAL LAW--FREEDOM OF SPEECH--USE OF AMPLIFICATION DEVICE IN PUBLIC PARK HELD WITHIN CONSTITUTIONAL GUARANTEE ============================== CONSTITUTIONAL LAW--SEARCHES AND SEIZURES--EVIDENCE OBTAINED WITHOUT SEARCH WARRANT INADMISSIBLE THOUGH SEIZED IN PROCESS OF LAWFUL ARREST ============================== CONSTITUTIONAL LAW--RACIALLY RESTRICTIVE COVENANTS--JUDICIAL ENFORCEMENT AS STATE ACTION ============================== CONTRACTS--BROKER\u27S COMMISSIONS--RIGHT TO RECOVER UNDERDOCTRINE OF SUBSTITUTED PERFORMANCE ============================== CONTRACTS--COMMERCIAL FRUSTRATION--REQUIREMENT THAT A BASIC PURPOSE OF THE CONTRACT BE FRUSTRATED ============================== CRIMINAL LAW--CUMULATIVE SENTENCES--EFFECT OF STATE PAROLE UPON COMMENCEMENT OF FEDERAL SENTENCE =============================== EVIDENCE--TESTIMONY OF SPOUSES--INADMISSIBLE IN DIVORCE ACTION FOR CRUELTY =============================== JUDGMENTS--ESTOPPEL TO DENY VALIDITY OF FOREIGN DIVORCE VOID FOR WANT OF JURISDICTION =============================== JUDGMENTS--RES JUDICATA--OPERATION AS COLLATERAL ESTOPPEL =============================== JUDGMENTS--RES JUDICATA AND JURISDICTION--HABEAS CORPUS TO ATTACK CONTEMPT CITATION FOR FAILURE TO COMPLY WITH ORDER OF DISTRICT COURT =============================== LIBEL AND SLANDER--LIMITATION OF ACTIONS--APPLICATION OF SINGLE PUBLICATION DOCTRINE TO BOOKS =============================== REAL PROPERTY--TENANCY BY THE ENTIRETY--MURDER OF TENANT BY COTENANT =============================== REAL PROPERTY--TENANCY FROM YEAR TO YEAR CREATED BY IN-OPERATIVE LEASE--NOTICE REQUIRED FOR TERMINATIO

Penalty clauses in the Supreme Court: a legitimately interesting decision?

The joint appeals in Cavendish Square Holdings v El Makdessi and Beavis v ParkingEye 1 offered the UK Supreme Court its first opportunity – since moving across Parliament Square – to consider the penalty doctrine. The exercise of judicial control over contractually stipulated remedies has long been controversial and the joint appeals presented an opportunity either to modernise the doctrine's principles or to repudiate it entirely from English law

The Conflict of Laws in Commercial Arbitration

Most of the wastes in Sweden end up in incinerator plants. These trashes are full of metals, especially aluminium, which will not oxidize, they can’t always be recycled and they will instead oxidize in water and leak hydrogen gas to its surrounding. Estimations calculate it could be an average potential of around 40-50 kWh/ton of burnt trash. Ignoring the imported trash, the national recovery potential of Sweden’s 4,3 million tonnes of trash would then be equal to 170-220 GWh/year due to non-recyclable metals, which are currently going to temporary landfills. The requirements to harness this potential are technically simple, and can be achieved by a quick separation of the recyclables and the non-recyclables. This report will review the factors which increase the rate of reaction and study different ways of extracting the energy, by electrolysis, thermal treatment and mechanical mixing. This was done by taking small samples from the MSWI, owned by Umeå Energi AB, and putting them in small containers. While using the different methods, electrolysis, thermal treatment and mechanichal mixing, the amount of developed H2 gas over time was measured. The result shows that the best methods are mechanical mixing together with thermal treatment, where mechanical mixing seems to give the biggest effect of them two. The electrolysis did not work as intended, where there could be issues with the conductivity of the ash-mixture

Metaphysics Renewed: Kant’s Schematized Categories and the Possibility of Metaphysics

This article considers the significance of Kant’s schematized categories in the Critique of Pure Reason for contemporary metaphysics. I present Kant’s understanding of the schematism and how it functions within his critique of the limits of pure reason. Then I argue that, although the true role of the schemata is a relatively late development in Kant’s thought, it is nevertheless a core notion, and the central task of the first Critique can be sufficiently articulated in the language of the schematism. A surprising result of Kant’s doctrine of the schematism is that a limited form of metaphysics is possible even within the parameters set out in the first Critique. To show this, I offer contrasting examples of legitimate and illegitimate forays into metaphysics in light of the condition of the schematized categories