Thursday, January 31, 2013

Adam Liptak - the Journalist-Lawyer

By Yasser Latif Hamdani



For those of you who scour the pages of the New York Times may be familiar with Adam Liptak. His reporting on US Law and the US Supreme Court is extraordinary. I came across an insightful interview on Scotusblog.com with Mr. Liptak which made me google him to check his credentials. For example I had no idea he was a lawyer in addition to being a law journalist.  Apparently the Journalist Lawyer is now a new sub-field in this profession. More and more newspapers want the reporting on law to be done by professional lawyers like Mr. Liptak.

Tuesday, January 29, 2013

Imran Khan Najam Sethi Aapis Ki Baat - My take


This is a non-law related post.

Imran Khan's appearance on Najam Sethi's show shattered some of the in-vogue myths about the great man and only anchor as suave and a commentator as shrewd as Najam Sethi could have brought out the very essence of the man- a liberal progressive man who nonetheless derives his inspiration from Islam, a man who is patriotic but is not a war-monger, a man who wants Pakistan to co-exist with the rest of the world with honour, dignity and on the basis of mutual respect and a man who wants all citizens of Pakistan to live honorably regardless of their creed or personal background. For those of us who are inspired by Jinnah and Jinnah's idea of a progressive democratic egalitarian and inclusive Pakistan, this was the stuff of dreams.

Looking for a divorce lawyer? Read our blog

Not all marriages are made in heaven. With the best will on both sides, some married couples find themselves so incompatible that continuing to live together is harming them both and creating unhealthy strains on their children. It is at this point in a marriage that outside advice should be sought. Marriage counsellors, clergymen, doctors are all willing to help you.  And so are - may I add- lawyers. 

What is Reasonable Classification under Indian Law?

It is now well established that while Article 14 of the Constitution of India, 1950, forbids class legislation i.e. based on any class of persons, it does not forbid reasonable classification for the purposes of legislation. The classification may be founded on different bases, geographical or according to objects or occupations. What is necessary is that there should be a nexus between the basis of classification and the object of the Act under consideration.

Express Newspapers v. Union of India 1959 SCR 12 also reported as AIR 1958 SC 578

A similar American judgment is the Lee Optical Case. 

Pendente Lite Nihil Innovetur

It means that during a litigation nothing new should be introduced.

See Transfer of Property of Act 1882 Section 52.

What are mitigating circumstances

What are mitigating circumstances?

Events or facts that can reduce the level of blame for a person's act, but that note enough to excuse it are known as mitigating circumstances.

Suppose Jordan went to his dentist to have a tooth extracted. The procedure went awry and Jordan ended up in the hospital for six weeks, fighting a life threatening infection. When he recovered, he sued the dentist and filed a claim against him with the state board of dentistry. Although Jordan's dentist did not dispute it was mishandled, he claimed that personal problems - such as a bitter divorce - had impaired his professional skills. He provided evidence of psychological counselling to help him overcome these problems and pointed out that Jordan's complaint was the only one brought against him in 20 years of practice.

By introducing the information in the court Jordan's dentist was able to reduce the severity of punishment. 

SHOCKING: Virginia is finally going to repeal Living in Sin law

Well I'll be damned. Virginia it seems has maintained an 1870 law which forbids lewd and lascivious cohabitation by law.  In other words an archaic law stopping unmarried couples from living together in sin is going to be repealed, leaving it to adults to make their own choices.

The state of Thomas Jefferson finally has arrived in the 21st Century.