Articles on common law
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Calls for the Supreme Court to give fossil fuel companies immunity from liability for climate-related damage misreads the Constitution, precedent and the role of courts.
In the battle to slow climate change, local and state governments, as well as citizens, have taken to the courts. Their results have varied, but the cases keep coming.
Three years after a request made by the Commissioner of Official Languages, the Supreme Court is still refusing to translate its decisions handed down before 1970. Its reasons are not valid.
Civil law can help communities who feel their traditional knowledge and cultural expressions have been misappropriated. Here’s how.
In overturning the convictions of Peter Ellis, the Supreme Court showed Māori tikanga has a place in New Zealand’s common law. The lower courts and the law schools now need to make it work.
While multiple factors play a role in falling divorce rates, the costs of separation make going it alone a daunting prospect for many Canadians.
Criminal libel and seditious libel laws have existed under both military and constitutional rule in Ghana.
Denying people the right to opt out of the traditional court system conflicts with the notion of customary law as a voluntary and consensual system of law.
New research suggests crypto-currencies aren’t technically property in common law jurisdictions.
Past cases indicate that verbal crimen injuria is not that serious. But a landmark sentence in South Africa has changed that.
Laws against blasphemy privilege the feelings of Christians over other religious people, and have no place in a modern, inclusive society.









