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...blood pressure and pulse to assess the honesty of persons suspected of criminal conduct. His device was called a hydrosphygmograph. A similar device was used by Psychologist William Marston during...World War I in espionage cases, which proved to be a precursor to its use in the criminal justice system. In 1921, John Larson incorporated the measurement of respiration rate and by 1939 Leonard Keeler...); also see John M. MacDonald, “Truth Serum”.]48. The personnel involved in conducting a “narcoanalysis” interview include a forensic psychologist, an anaesthesiologist, a...
...proper functioning of the processes of popular Government, is possible”. It is appropriate to refer to what William Blackstone said in his commentaries:“Every free man....”96. John Stuart Mill, in his essay on “Liberty”, pointed out the need for allowing even erroneous opinions to be expressed on the ground that the correct ones become more firmly established by...what may be called the “dialectical” process of a struggle with wrong ones which exposes errors. Milton, in his “Areopagitica” (1644) said:“Though all the the winds...
...this sentiment has been echoed by many eminent men such as Leonardo Da Vinci, John Bright, Victor Hugo and Berdyaev. To quote again from Bernard Shaw from Act IV of his play "Caesar and Cleopatra...Homer, Dante, Shakespeare and Milton, with Machiavelli, Montaigne and Rabelais, with Plato, Bacon, Hume and Kant, as with the books which have been specifically written on the subject. For in such...Morris, an American Professor of criminal law and criminology, accordingly prepared a Report entitled "Capital Punishment; Developments 1961-1965" and amongst other things, this Report pointed out that...
...been thus explained by Sir William Holdsworth:“In fact, a body of law like the common law, which has grown up gradually with the growth of the nation, necessarily...Conflict of Laws, 11th Edn., Vol. 1 p. 92; Cheshire & North, Private International Law, 12th Edn., pp. 128-129). The reason for this approach is thus explained by Professor Graveson...Khaimah National Oil Co. (1987) 2 All ER 769 decided by the Court of Appeal, Sir John Donaldson M.R has said:“Consideration of public policy can...
.... John Milton treated her to be the best of all God's work. In this context, it will be appropriate to quote a few lines from Democracy in America by Alexis de Tocqueville:“If I...to remember what John Stuart Mill had observed:—“The legal subordination of one sex to another - is wrong in itself, and now one of the chief hindrances to human improvement...the rule of law may be said to be the sworn enemy of caprice. Discretion, as Lord Mansfield stated it in classic terms in the case of John Wilkes [(1770) 4 Burr. 2528 at 2539...
...)Privy Council Appeal No. 42 of 1993(1) Bryan Norreys Kensington and John Joseph Cregten (as the receivers of Goldcorp Exchange Limited (in receivership)(2...) Bank of New ZealandAppellantsv.(1) The unrepresented non-allocated claimants(2) Steven Paul Liggett and (3) James William Heppleston...had made contracts for the purchase of bullion from Walker & Hall Commodities Limited before the business of that company was acquired by the company in 1986.In the High Court all...
..., Gaillard and Goldman on International Commercial Arbitration (Emmanuel Gaillard and John
Savage, eds. 1999) 453.
70 Article 2, Protocol on Arbitration...Calculus for Administrative Adjudication in Mathews
v Eldridge: Three Factors in Search of a Theory of Value' (1976) 44(28) University of Chicago Law Review
29, 52. [Professor Mashaw...decision may be the most important criterion by which fairness is evaluated."]
136 William B Rubenstein, 'The Concept of Equality in Civil Procedure...
...surreptitious abrogation of rights guaranteed in the constitution. William S. Livingaton in Federalism and Constitutional Change says:“The former procedure...result of this view is that it is necessarily retrospective in operation. But Jurists, George F. Canfield, Robert Hill Freeman, John Henry Wigmore and Cardozo have expounded the doctrine of “prospective...State intrusion inadmissible in a State Court. In Linkletter v. Walker (1965) 381 US 618 the question arose whether the exclusion of the rule enunciated in...
...the decision rendered in 1803 by the American Supreme Court in William Marbury v. James Madison in which the opinion of the Court was delivered by Chief Justice John Marshall in words...States Supreme Court in Holmes v. Jennison and quoted with approval in William v. United States 7 L Ed 1372, 1380:“In...Constitution.334. United States of America v. William H. Sorague was concerned with the validity of the 18th Amendment. The District Court had held that the 18th...
...English law relating to the general rule just indicated. Sir William Anson in his Principles of English Law of Contract, 17th Ed. (1929), pp. 279-80, expounds the English law on the subject as follows....Professor Langdell has put the English Common Law view in the following clear and vigorous language:—A person for whose benefit a contract is made if he is a stranger to the consideration...these observations of Lord Hatherley must be taken with reference to the context in which they appear, and in Touche's case, it is clear that Walker was treated as holding the sum which he received...
...(Emmanuel Gaillard & John Savage eds., 1999) (quoting Cour de cassation [Cass.] [Supreme Court for judicial matters] Consorts Ury v. S.A. des Galeries Lafayette, Cass. 2e civ., 13-4-1972...doctrine that is used to set aside “unfair agreements [that] resulted from an inequality of bargaining power” (John D. McCamus, The Law of Contracts (2nd ed. 2012), at p. 424). Initially applied to...); Titus v. William F. Cooke Enterprises Inc., 2007 ONCA 573 : 284 DLR 734 (4th); Birch v. Union of Taxation Employees, Local 70030...
...nothing but the empty husk” (John Milton). Section 9 combines the fault theory and the breakdown theory in one go.Summary and Conclusion...).30. Professor Duncan Derrett has argued for retention of the remedy. He says:“the practical utility of the remedy is little in contemporary England, but in India...obligations. Rights of property are attached to it. The essence of matrimony is consent. (Linda v. Belisario (1795) 1 Hag. Con. 216 (21) per Sir William Scott at pp. 30 — 232...
...and the most prominent cause for discontentment came with its use in the Star Chamber and the High Commissions. In the sedition trial of John Lilburne, who was a vocal critic of the then monarch in...1637, Lilburne had refused to answer questions put to him on the ground that he had not been informed about the contents of the written complaint against him, John Lilburne went on to vehemently oppose...Committee's inquisitional conduct and its requirement that witnesses take an oath to tell the truth provoked opponents to condemn what they regarded as a revival of the Star Chamber tactics. John Lilburne...
...today has acquired the status of a 'super statute'. The term 'super statute' was first applied in 2001 by William N. Eskridge and John A. Ferejohn to characterise an ordinary...remedying discrimination against groups
16 William N. Eskridge Jr and John A. Ferejohn, super-statutes, 50 duke law journal 1215-1276...are equal before the law." This prophetic dissenting opinion of Justice John Marshall Harlan in Plessy v. Ferguson (1896) can well be said to capture the spirit of what we...
..., Goldman on International Commercial Arbitration 562 (Emmanuel Gaillard & John Savage eds., 1999) {quoting Cour
67...to set aside "unfair agreements [that] resulted from an inequality of bargaining power" (John D. McCamus, The Law of Contracts (2nd ed. 2012), at p. 424). Initially applied to...387 (4th); Cain v. Clarica Life Insurance Co., 2005 ABCA 437 : 263 DLR 368 (4th); Titus v. William F. Cooke Enterprises Inc...
...Com. Ben. Rep. 456), Power v. Walker (3 Maule and S. 7. See also Clementi v.
Walker, 2 Barn. and Cres. 861).
[The Lord Chancellor.-The assignment is stated in...existence of the right,
It was held in CEementz I-. Walker (2 Barn. and Cr. SSl), on perfectly satisfactory
grounds, and is plainly to be collected from the statute...allegiance here by virtue of their residence in this
country. In cl erne^^^^ v. Walker no such restriction as is now contended for, appears
to have at all...
...his peons in procession, accompanied by ‘country music’. In 1727 the order of the procession was:‘Major John Roach on horseback at the head of a Company of Fort Soldiers, with Kettle...allowances, Sir William Langhorn, ‘Governor and Agent for Affairs of the Honourable English East India Company in Fort St. George’ ordered that:‘In Paddy Banksall the former allowance was...subject of the following comments by Professor Corwin in his “The Constitution and What it Means today” at pages 166-167:“The source of this clause was the maxim that ‘no man is bound to...
...drew our attention to a passage from the book “The Constitution and Jurisdiction of Courts of Civil Justice in British India” by Sir Ernest John Trevelyan, a former judge of the Calcutta High Court...Ernest John Trevelyan). Thus, the assumption made by the Division Bench in Re : Patrick Martin-II, supra, that Clause 17, ibid., applied exclusively to Europeans alone is fundamentally flawed...Maria Sera Pinto v. Milton Dias . [(2000) 4 Mah LJ 633] where the Division Bench comprising B.N. Srikrishna and Ranjana Desai, JJ. was placed in a similar...
...amendment did not include any metric or indicator, ignoring the marginalisation criteria entirely while granting reservation. He has also quoted the works of John Rawls to submit that each person has the...same indefeasible right over every claim.34. “One law for lion and ox is oppression”, Mr. P. Wilson, learned senior counsel, quoting William Blake, has contested the...observed by John Adams, “the preservation of means of knowledge among the lowest ranks is of more importance to the public than all the property of all the rich men in the country”. (Dissertation on Canon...
...trained and perceptive judicial mind.
* 1. Sir John Finch C. J., Fundamental Law in English "Constitution"al History by J. W. Gough, 1955 Edn. p.3.
* 2. William...Supreme Court in Holmes v. Jennison, (1839-42) 10 Law Ed 579; 594 and quoted with approval in William v. United States, (1933) 77 Law Ed 1372...".
344. United States of America v. William H. Sorague, (1930) 75 Law Ed 640 was concerned with the validity of the 18th Amendment. The District Court had...