years ago during the Roman Empire‚ legal scholars labeled this the “Public Trust Doctrine.” The Public Trust Doctrine perseveres as a value system and an ethic as its expression in law mutates and evolves. More recently‚ scholars‚ activists‚ and lawyers have begun discussing the rights of people to access and enjoy various essential resources and services the Earth so generously yields. The Public Trust Doctrine primarily rests on the principle that certain resources like air‚ sea‚ waters and
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A CRITICAL ANALYSIS OF THE DOCTRINE OF LEGAL PRECEDENTS ADITI GHOSH 2ND Yr. LL.B. (HONS.) INTELLECTUAL PROPERTY LAW RAJIV GANDHI SCHOOL OF INTELLECTUAL PROPERTY LAW IIT KHARAGPUR 15 August 2011 Table of Contents INTRODUCTION 1 WHAT IS MEANT BY A PRECEDENT? 2 TYPES OF PRECEDENTS 2 Original precedent 2 Authoritative or Binding precedent 2 Persuasive precedent 3 THE DOCTRINE OF STARE DECISIS? 3 HOW RELEVANT IS THE IDEA OF JUDICIAL PRECEDENTS? 6 WHAT IS THE BINDING ELEMENT OF A CASE? 7 WHY
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Plain View Doctrine Misty Basford Kaplan University Plain View Doctrine This rule gives police officers the ability to seize evidence involved in a crime without a warrant if the evidence is in plain sight. This rule is limited by probable cause which requires police officers to have probable cause and believe the items in plain view are evidence before they seize them. The fourth amendment does prevent unreasonable searches and seizures. There are two ways the rule can be used. 1. The officer
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The Bush Doctrine and Just War Theory (words count 269) Is the Bush doctrine one of preemption or prevention? Why is this distinction important? The bush doctrine is more prevention than preemption. His speech was more about prevention. He made a statement that we must prevent terrorisms and regimes weapons from threatening the United States and the world. He claimed that we can’t sit back and wait for them to attack us again. We must not wait and give them the chance to take us down. We should
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this announcement was the Monroe Doctrine‚ asserting the limits of any further European colonization. In the early 19th century‚ the fallout of the Napoleonic Wars left European powers in disarray. With a power vacuum created‚ Spain and Portugal focused on reclaiming their former colonies in North America. Simultaneously‚ fueled by Enlightenment ideals and disaffection for colonial rule‚ Latin America was inspired by a movement of independence. The Monroe Doctrine established the United States as
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In this post‚ I will discuss the viewpoint of the critics who believe that the doctrine of the Trinity supports polytheism. According to McGrath‚ in the early part of the nineteenth century‚ Thomas Jefferson was one of the first leading critics to speak against the doctrine of the Trinity. Jefferson referred to the doctrine as “metaphysical insanities (McGrath‚ 299).” He argued that these metaphysical insanities “hindered the religious growth of humanity‚ in that they represented relapses into polytheism
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Eric APUSH September 25‚ 2012 The Monroe Doctrine Abstract O. The Monroe doctrine was an annual message written by James Monroe. He was the President of the United States at this time. It was presented to inform individuals about U.S. policies regarding foreign affairs and the current condition of the U.S. Monroe was also concerned and insecure about the strength of our country because the United States was so young. The doctrine is a primary source‚ and more specifically it was a message
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Emily Arochi Plain View/Open Fields ADJ/275 February 7‚ 2010 In our readings the plain view doctrine states “that items that are within the sight of an officer who is legally in a place from which the view is made may properly be seized without a warrant—as long as such items are immediately recognizable as subject to seizure”. There are some requirements of the plain view doctrine. One requirement is the awareness of the items solely through the officer’s sight. Another requirement is that
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Respondeat Superior Introduction and thesis statements Respondeat superior is a common law doctrine which was established in England in the seventeenth-century which was later adopted by united states and has been an agency of a fixture of agency law. The Respondeat superior is the legal concept of vicarious liability and the Doctrine of Respondeat Superior occurs when the agent commits a tort or civil wrong within the scope of employment and the principal is held liable although the principal may
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DOCTRINE OF CREATION AND ECOLOGICAL PRAXIS IN THE THEOLOGY OF COLIN GUNTON 2.1 Introduction In the previous chapter we saw that the doctrine of creation and human responsibility for the environment are two categories that must go hand-in-hand. This chapter seeks to expound Gunton’s doctrine of creation and its implications for human responsibility towards the environment. In relation to that‚ this chapter first explains Gunton as an evangelical theologian‚ his departure from the traditional classical
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