How Trump’s lawyers would fail my constitutional law class with their Supreme Court brief on criminal immunity
The Conversation » Civil Law
by Wayne Unger, Assistant Professor of Law, Quinnipiac University
2w ago
Donald Trump's Supreme Court brief characterizes historic cases and documents as saying one thing when they say the complete opposite. erhui1979/Digital Vision Vectors/Getty Images Former President Donald Trump claims that the president of the United States is absolutely immune from criminal prosecution. On March 19, 2024, Trump filed his brief with the U.S. Supreme Court in the case brought by special counsel Jack Smith for Trump’s alleged criminal attempts to overturn the 2020 election. Trump argued in the brief that the Supreme Court must dismiss the criminal indictment against him because ..read more
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New York's $250 million lawsuit against Donald Trump is the beginning, not end, of this case – a tax lawyer explains what's at stake
The Conversation » Civil Law
by Bridget J. Crawford, Professor of Law, Pace University
1y ago
New York Attorney General Letitia James announced a $250 million lawsuit against former president Donald Trump on Sept. 21, 2022 . Michael M. Santiago/Getty Images New York Attorney General Letitia James hit former president Donald Trump with a US$250 million lawsuit on Sept. 21, 2022, citing “staggering” amounts of falsified business information and fraud. The civil lawsuit alleges that Trump, his company – the Trump Organization – and three of his children lied to lenders and insurers about billions of dollars’ worth of assets. This follows a three-year investigation into Trump’s New York-ba ..read more
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China's new civil code has angered feminists – the Chinese Communist Party is now trying to appease them
The Conversation » Civil Law
by Qi Chen, Senior Lecturer in Criminal Justice and Penology, University of Hertfordshire
3y ago
China’s first ever civil code came into effect on January 1 2021. Replacing a raft of other laws covering issues from marriage, to inheritance, adoption and property, it has binding authority over all civil disputes. A unified civil code has been on the Chinese Communist Party’s (CCP) political agenda since 2014. After ten rounds of open consultation, the National People’s Congress passed the new code in May 2020. Some changes introduced under the civil code reflect grassroots concerns, for example the imposition of liability on people who occupy other passengers’ seats on a train. From Januar ..read more
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Harsh punishments under Sharia are modern interpretations of an ancient tradition
The Conversation » Civil Law
by Jessica Marglin, Associate Professor of Religion, USC Dornsife College of Letters, Arts and Sciences
3y ago
The Sultan Omar Ali Saifuddien Mosque, one of the landmarks in Brunei. Brunei recently announced punishing gay sex by stoning offenders to death. AP Photo/Vincent Thian After Brunei introduced death by stoning for homosexuals under its Islamic law, or Sharia, the condemnation from human rights organizations and others was swift. Recently, the country backed down under mounting international pressure, saying it would not carry out executions under the new law. The sultan of Brunei, Hassanal Bolkiah, said, “As evident for more than two decades, we have practiced a de facto moratorium on the exe ..read more
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Why Australia should face civil lawsuits over soldier misdeeds in Afghanistan
The Conversation » Civil Law
by Tim Matthews, Sessional Academic, Law School, University of Sydney, John Eldridge, Lecturer, Sydney Law School, University of Sydney
3y ago
For the past two years, Paul Brereton, a New South Wales Supreme Court judge and Army Reserve major general, has been conducting an investigation into the conduct of members of the SAS in Afghanistan. While the findings are not yet known, leaks from within the Australian Defence Force (ADF) have suggested that as many as five cases involving unlawful killings have been uncovered. Much of the media commentary surrounding the allegations has centred on the potential criminal prosecution of these alleged offences. But a further legal issue can arise from investigations of this kind – the alleged ..read more
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South Africa should create a fund to compensate victims of crime
The Conversation » Civil Law
by Bernard Wessels, Lecturer in Private Law, Stellenbosch University
3y ago
South Africa's police face many civil claims by crime victims. Shutterstock/Arisha Ray Singh South Africa is plagued by crime. Violent crime, in particular, has reached epidemic proportions. The country has some of the world’s highest murder, assault and rape rates. So how does – or how should – the law respond to this problem? One option would be to try to prevent crime from taking place in future. But available crime statistics for the last decade suggest that without a major overhaul of policing and the introduction of coordinated social responses to fighting crime this is unlikely to happe ..read more
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Jail time for South African woman using racist slur sets new precedent
The Conversation » Civil Law
by Penelope Andrews, Dean of Law and Professor, University of Cape Town, Chantelle Feldhaus, Lecturer in the Faculty of Law, North-West University, René Koraan, Senior Lecturer: Criminal Law, North-West University
3y ago
South African court rules that racism is a criminal offence. Shutterstock A South African estate agent Vicky Momberg was caught on video verbally abusing a black policeman. She used the word ‘kaffirs’ repeatedly during her tirade against men who were trying to assist. The word is deeply offensive and considered the most racist in South Africa. The state brought a case of crimen injuria against Momberg and a court has sentenced her to three years in jail (one suspended). This makes her the first person in the country to be jailed for this offence. Thabo Leshilo asked legal experts Penelope Andr ..read more
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FactCheck Q&A: are there laws to protect against 'revenge porn' in Australia?
The Conversation » Civil Law
by Anastasia Powell, Senior Research and ARC DECRA Fellow, Justice and Legal Studies, RMIT University, Asher Flynn, Senior Lecturer in Criminology, Monash University, Nicola Henry, Senior Lecturer in Legal Studies, La Trobe University
3y ago
Actor and presenter Faustina Agolley speaking on Q&A. ABC Q&A The Conversation fact-checks claims made on Q&A, broadcast Mondays on the ABC at 9:35pm. Thank you to everyone who sent us quotes for checking via Twitter using hashtags #FactCheck and #QandA, on Facebook or by . Excerpt from Q&A, March 6, 2017. Quote begins at 3:10. I thought there were laws to kind of protect [against] revenge porn? There aren’t? – Actor and presenter Faustina Agolley, speaking on Q&A on March 6, 2017. In the lead-up to International Women’s Day, an all-female panel of guests on ABC TV’s Q&a ..read more
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Judge suspects but must acquit man on child pornography charges
The Conversation » Civil Law
by Rick Sarre, Professor of Law, University of South Australia
3y ago
The standard of proof that applies in different types of judicial proceedings may result in quite different verdicts. Shutterstock/Andrey Popov At the end of a “judge-alone” criminal trial, South Australian District Court Judge Michael Boylan, having weighed up all the evidence, found a man charged with child pornography offences not guilty last week because he was not satisfied beyond reasonable doubt of the man’s guilt. What made this case noteworthy was that the judge, unlike a jury, was able to muse publicly that he felt “deeply suspicious” that the accused was guilty but went on to explai ..read more
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