U.S. Civil Procedure cases? You got it.

United States Law: A Case Study Collection

Celebration
‘Thumbs Up’ by Charles Greenburg

March 15 2018

I am very pleased to announce that after studying and writing around 73 historically significant United States civil procedure cases, this first chapter of ‘United States Law: A Case Study Collection’ is now finally complete.

In all honesty it has been an absolute pleasure to work on, and I have learnt much about American law, and by comparison to English case law transcripts, this experience has revealed many judicial differences in both approach and determination, most of which lends an endearing quality to the American style of prose and execution, an outcome that comes as a pleasant, if not unexpected surprise, while it must be equally stressed that when embracing not only State but federal laws, the legal fabric of this diverse and yet oddly familiar country always keeps me excited and frustrated when tying up the necessary facts and vital components required.

On a side note, my relationship with the Bluebook is naturally  growing by the day, and I am glad to know that it’s not only me that finds it perplexing to navigate (as countless Google searches have testified), and yet if someone were willing to pay me, I would be happy to rewrite this complex little book so that maybe it might prove more ‘user friendly’, but I doubt that will happen anytime soon…

As a reward, I shall celebrate tonight with one or two American ales and few episodes of ‘Friends’ as tomorrow work will again begin on Constitutional Law, and needless to say I am very much looking forward to discovering even more about the laws and practices of the United States of America as the weeks and cases unfold.

 

 

 

 

Case Law Simplification

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Case Law Website to Book Manuscript

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Ahmad v United Kingdom (1982)

English Constitutional Law

Ahmad v United Kingdom
Image: ‘Mosque Muslim Art Painting’ by Richa Maheshwari

While paving the way for a number of similar ‘religious obligations’ versus ‘convention rights’ cases, this protracted legal discourse reveals a number of indiscretions, that in many respects, served to influence legislative and educational policy in the United Kingdom, and illustrate how laws evolve through the integration of cultural norms and progressive state cohabitation.

After working as a supply teacher within the mainstream schools arena for a considerable number of years, the Islamic applicant took issue with the government, upon grounds that his need (or at least doctrinal requirement) to attend a mosque on Friday afternoons was being denied by statute; and that subsequent operational policy created the violation of a number of constitutional rights afforded to all citizens of the United Kingdom.

Citing art.9(1) of the ECHR (freedom of thought, conscience and religion) and art.14 (prohibition of discrimination), the applicant protested that s.30 of the Education Act 1994 stood in immediate conflict with his need to manifest his religious beliefs every Friday between the hours of 1.30pm to 2.15pm. Having been employed by a number of London Borough schools prior to his decision to resign rather than reduce his working hours, the applicant had been given verbal allowances by one school, and shown strict opposition by another, which bore an inconsistent position of unwillingness to accommodate a religious need, which until recently, had never been expressed nor discussed at the time of his original appointment.

When it was submitted that the repeated failure of a Muslim man to attend a mosque (subject to relative distances) would likely result in a beheading in a country such as Saudi Arabia, the applicant expected that the same principles would apply under  domestic jurisdiction, and that those grounds, along with previous (albeit unofficial) allowances were sufficient enough to warrant time taken from his contractual duties, despite any inconvenience to teaching  staff, pupils or the school as a whole.

After failing to find those arguments upheld in the domestic courts, the matter wound up before the European Commission for Human Rights, where it was unanimously decided that the terms of the Convention were constructed in such as fashion as to allow interpretation and consideration of all religions and beliefs, not just those of the applicant; and yet when willingly accepting a position of employment that brings with it a set of express and implied terms, the accepting individual takes ownership of how that agreement might impinge upon their religious requirements or obligations of faith, and must therefore act accordingly, thus the Commission dismissed the application, while holding that:

“[E]ven a person at liberty may, in the exercise of his freedom to manifest his religion, have to take into account his particular professional or contractual position.”