U.S. Civil Procedure? Check.

Books

Celebration
‘Thumbs Up’ by Charles Greenburg

March 15 2018

I am very pleased to announce that after studying and writing around 73 historically significant U.S. civil procedure cases, this first chapter of my second case law compendium is now finally complete.

In all honesty it has been an absolute pleasure to work on, and I have learnt much about U.S. 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

Videos

Case Law Website to Book Manuscript

Videos

Van Duyn v Home Office

European Law

Van Duyn v Home Office
Image: ‘The Gateway to Amsterdam’ by Leonid Afremov’

To read about this case in greater depth, and with the benefit of full OSCOLA referencing, simply purchase a copy of ‘The Case Law Compendium: English & European Law’ from leading booksellers around the world.

Where can I buy it?

The book is available now through most Amazon sites thanks to the brilliance of Print on Demand (POD) technology and it is also printed through Ingram Spark (aka Lightning Source), who, through their worldwide  partnership agreements, supply ‘The Case Law Compendium’ to almost 40,000 retailers, libraries, schools and universities while providing worldwide shipping as standard.

America

Amazon.com, Barnes & Noble

Australia & New Zealand

Booktopia

Britain

 Amazon,   BlackwellWaterstones

Canada

AmazonChapters Indigo

France

Amazon

Germany

Amazon

India

Amazon

Italy

Amazon

Japan

Amazon

Latin America

Amazon Brazil

Amazon Mexico

Spain

Amazon

I cannot emphasise enough just how invaluable this book will become to you as your law course progresses, and you’ll be surprised at just how fast you learn the cases and how your confidence grows when discussing their finer points. I am supremely confident that you will also find yourself returning to the book when studying both for insight and refreshment of knowledge, and I quietly hope you will be equally excited whenever you turn to this unprecedented resource.

Please remember that it was you the worldwide readers, that inspired this book, so you owe it to yourselves to buy it (and use the hell out of it) and to tell your peers and friends everywhere, so that they too can work towards becoming an ‘A‘ student in English law.

– Remember that with ‘The Case Law Compendium’ you can do it.

Electronic Signatures Neil

Ahmad v United Kingdom

English Constitutional Law

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

Note: To read about this case in greater depth, and with the benefit of full OSCOLA referencing, simply purchase a copy of ‘The Case Law Compendium: English & European Law’ at Amazon, Waterstones or Barnes & Noble (or go here for a full list of international outlets)


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.