Law, science, and the social sciences--which, during this era, enjoyed growing status in Cuba as well as in many other countries--played central roles in producing knowledge and shaping social categories in postindependence Cuba. Anthropologists, criminologists, and eugenicists embarked on projects intended to employ the tools of science to rid Cuba of the last vestiges of a colonial past. Meanwhile, the legal arena created both new freedoms and new modes of repression. Black and mulatto intellectuals and activists, working to ensure that citizenship offered concrete advantages rather than empty promises, appropriated changing social scientific and legal categories and turned them to their own uses. In the midst of several decades of intermittent racial violence and expanding social and political mobilization by Cubans of African descent, debates among intellectuals and activists, state officials, and legislators transformed not only understandings of race, but also the terms of citizenship for all Cubans.
An excellent, comprehensive and practical guide to getting out of a lease. Great for those in a lease contract and need to get out of it. Lease terms and conditions are stringent. Learn to navigate around them and break your lease without coughing up hefty fines and penalties or damage your credit history.
Breaking a lease has other severe consequences as well. You want to avoid a lawsuit at all costs. You want to maintain a good credit score, especially if you plan on applying for a credit card, car loan or a mortgage in the near future. Maintaining a good rental history with previous landlords benefits you with future landlord and lenders.
This book has been compiled with years of rental real estate experience. After years of giving personal advice to tenants in a bind, the author has compiled this practical and more importantly actionable guide for anyone in a similar situation who’d like to get out of a lease early without incurring fines, penalties and damaging their credit. The author hopes that this “do it yourself guide” helps every tenant in need of it.
TABLE OF CONTENTS
CHAPTER 1: TENANCY AGREEMENTS (LEASES) AND FALSE CLAIMS
A. UNDERSTANDING YOUR TENANCY AGREEMENT
B. FALSE CLAIMS ABOUT TENANCY AGREEMENTS
C. RENTING WITHOUT SIGNING A TENANCY AGREEMENT
D. IT IS NOT MANDATORY TO RENEW YOUR LEASE AGREEMENT BEFORE IT EXPIRES
E. YOU CANNOT COMPOSE A TENANCY AGREEMENT
F. THE MINIMUM TENANCY AGREEMENT MUST BE 6 MONTHS
G. TENANCY AGREEMENTS ARE 100% CUSTOMIZABLE
H. TENANCY AGREEMENTS MUST BE COMPLETED BY REAL ESTATE PROFESSIONALS
CHAPTER 2: CONSEQUENCES OF BREAKING A LEASE
C. FUTURE IMPLICATIONS
CHAPTER 3: BREAKING A LEASE – CONTRACTS, PENALTIES, GROUNDS/REASONS
A. CONTRACTS ARE BREACHED ALL THE TIME
B. PENALTIES CAN BE MINIMIZED OR ELIMINATED ALL TOGETHER
C. REASONS LEASE AGREEMENTS CAN BE BROKEN
CHAPTER 4: PRELIMINARY ACTIONABLE STEPS TO TAKE TO BREAK OF A LEASE WITHOUT PENALTY AND CREDIT DAMAGE
A. BREACH OF CONTRACT
B. LOOK FOR FAVORABLE CLAUSES IN THE FINE DETAIL
C. BE HUMAN – DISCUSS YOUR SITUATION WITH YOUR LANDLORD
D. OFFER TO PAY THE LEASE IN INSTALLMENTS
E. OFFER YOUR LANDLORD TO KEEP THE SECURITY DEPOSIT
F. SUBLEASING YOUR RENTAL PROPERTY
CHAPTER 5: ALTERNATIVE SOLUTIONS
CHAPTER 6: SPECIFIC AREAS TO LOOK INTO FOR BREACH OF CONTRACT POSSIBILITIES
CHAPTER 7: STEP BY STEP PROCESS OF FILIGN A COMPLAINT
CHAPTER 8: SAMPLE LETTER TO LANDLORD
CHAPTER 9: A QUICK RECAP
CHAPTER 10: FOLLOW UP QUESTIONS OR CONCERNS
Steven Donziger, a self-styled social activist and Harvard educated lawyer, signed on to a budding class action lawsuit against multinational Texaco (which later merged with Chevron to become the third-largest corporation in America). The suit sought reparations for the Ecuadorian peasants and tribes people whose lives were affected by decades of oil production near their villages and fields. During twenty years of legal hostilities in federal courts in Manhattan and remote provincial tribunals in the Ecuadorian jungle, Donziger and Chevron’s lawyers followed fierce no-holds-barred rules. Donziger, a larger-than-life, loud-mouthed showman, proved himself a master orchestrator of the media, Hollywood, and public opinion. He cajoled and coerced Ecuadorian judges on the theory that his noble ends justified any means of persuasion. And in the end, he won an unlikely victory, a $19 billion judgment against Chevon--the biggest environmental damages award in history. But the company refused to surrender or compromise. Instead, Chevron targeted Donziger personally, and its counter-attack revealed damning evidence of his politicking and manipulation of evidence. Suddenly the verdict, and decades of Donziger’s single-minded pursuit of the case, began to unravel.
Written with the texture and flair of the best narrative nonfiction, Law of the Jungle is an unputdownable story in which there are countless victims, a vast region of ruined rivers and polluted rainforest, but very few heroes.
You don’t need a lawyer to win in small claims court—you need to know how to prepare and present your own case. Smart preparation for your day in court can make the difference between receiving a check and writing one.
Everybody’s Guide to Small Claims Court provides the information, tips, and strategies you need to sue someone successfully or put up a winning defense in any state.
Find out how to:
file and serve papers
mediate an out-of-court settlement
prepare evidence to support your case
decide how much to sue for
line up persuasive witnesses
present a winning case
collect money when you win
This edition is completely updated to include the latest procedures and information for small claims courts in every state. Plus, this book includes useful, practical tips by small claims court judges and commissioners who’ve seen it all.
If you are a California resident? Check out Everybody's Guide to Small Claims Court in California
In his analysis Touw argues that American lawyers have lost their moral and ethical moorings; he provides a unique perspective of how American lawyers have manipulated the British common law system for their own financial benefit or to advance their careers. He compares the legal system of the United States with systems in the world’s foremost democracies to illustrate how American jurisprudence has strayed from its mission. Finally, he examines the criminal law system that puts innocent people in jail and explains in detail how the tort system, the contingency fee, and the “loser pays” laws have turned the once noble profession of lawyering into a profitable, unregulated business corrupting the legal process. Touw argues that what is good for Wall Street is good for Law Street and explains why American bar associations do not provide proper oversight.
With thorough explanations and examples, Law Street tells a story about serious flaws in the American legal system and provides a wake-up call for America’s dysfunctional and often corrupt legal system.
With this book, David M. Engel demolishes the myth that America is a litigious society. The sobering reality is that the vast majority of injury victims—more than nine out of ten—rely on their own resources, family and friends, and government programs to cover their losses. When real people experience serious injuries, they don’t respond as rational actors. Trauma and pain disrupt their thoughts, and potential claims are discouraged by negative stereotypes that pervade American television and popular culture. (Think Saul Goodman in Breaking Bad, who keeps a box of neck braces in his office to help clients exaggerate their injuries.) Cultural norms make preventable injuries appear inevitable—or the victim’s fault. We’re taught to accept setbacks stoically and not blame someone else. But this tendency to “lump it” doesn’t just hurt the victims; it hurts us all. As politicians continue to push reforms that miss the real problem, we risk losing these claims as a way to quickly identify unsafe products and practices. Because injuries disproportionately fall on people with fewer resources, the existing framework creates a social underclass whose needs must be met by government programs all citizens shoulder while shielding those who cause the harm.
It’s time for America to have a more responsible, blame-free discussion about injuries and the law. With The Myth of the Litigious Society, Engel takes readers clearly and powerfully through what we really know about injury victims and concludes with recommendations for how we might improve the situation.
Richard Delgado, one of the founding figures in the Critical Race Theory movement, addresses these problems with his latest book in the award-winning Rodrigo Chronicles. Employing the narrative device he and other Critical Race theorists made famous, Delgado assembles a cast of characters to discuss such urgent and timely topics as race, terrorism, hate speech, interracial relationships, freedom of speech, and new theories on civil rights stemming from the most recent war.
In the course of this new narrative, Delgado provides analytical breakthroughs, offering new civil rights theories, new approaches to interracial romance and solidarity, and a fresh analysis of how whiteness and white privilege figure into the debate on affirmative action. The characters also discuss the black/white binary paradigm of race and show why it persists even at a time when the country's population is rapidly diversifying.
In addition to addressing specific jurisdictions in Asia, the book includes a helpful and introduction that highlights regional trends in Asia. In the jurisdictions profiled, transnational public interest litigation trends have commingled with local dynamics. This volume sheds light on how that commingling has produced both legal developments that cut across Asian jurisdictions as well as developments that are unique to each of the jurisdictions studied.
This book provides, for the first time, detailed commentary on legislative drafting with a specific focus on the Commonwealth, covering: the ethics of legislative drafting, teaching, training and retention of drafters, the role of legislative drafting in good governance, keeping the statute book up-to-date, drafting by more than words: the use of graphics, labels and formulae in legislation; and the particular challenges of drafting for small states. It constitutes a key reference for legislative drafters, parliamentary counsel and professionals involved in this field in the Commonwealth and beyond.
This book was based on a special issue of Commonwealth Law Bulletin.
The aim of this study is to examine national approaches to the award of damages under the head of loss of housekeeping capacity, and to compare the levels of damages so awarded. The research will therefore address both the concepts employed in different national systems and, by means of practical case studies, the compensation actually paid in individual cases.
The results of the research comprise ten country reports (Austria, England and Wales, France, Germany, Italy, The Netherlands, Norway, Poland, Spain and Switzerland) based on a Questionnaire (Part I: General Part and Doctrine, Part II: Concrete Assessment Examples) and a concluding Comparative Report.
This project, "Loss of Housekeeping Capacity", was undertaken at the request of the Swiss Insurance Association.
In 1494, award-winning author Stephen R. Bown tells the untold story of the explosive feud between monarchs, clergy, and explorers that split the globe between Spain and Portugal and made the world's oceans a battleground.
When Columbus triumphantly returned from America to Spain in 1493, his discoveries inflamed an already-smouldering conflict between Spain's renowned monarchs, Ferdinand and Isabella, and Portugal's João II. Which nation was to control the world's oceans? To quell the argument, Pope Alexander VI—the notorious Rodrigo Borgia—issued a proclamation laying the foundation for the Treaty of Tordesillas of 1494, an edict that created an imaginary line in the Atlantic Ocean dividing the entire known (and unknown) world between Spain and Portugal.
Just as the world's oceans were about to be opened by Columbus's epochal voyage, the treaty sought to limit the seas to these two favored Catholic nations. The edict was to have a profound influence on world history: it propelled Spain and Portugal to superpower status, steered many other European nations on a collision course, and became the central grievance in two centuries of international espionage, piracy, and warfare.
The treaty also began the fight for "the freedom of the seas"—the epic struggle to determine whether the world's oceans, and thus global commerce, would be controlled by the decree of an autocrat or be open to the ships of any nation—a distinctly modern notion, championed in the early seventeenth century by the Dutch legal theorist Hugo Grotius, whose arguments became the foundation of international law.
At the heart of one of the greatest international diplomatic and political agreements of the last five centuries were the strained relationships and passions of a handful of powerful individuals. They were linked by a shared history, mutual animosity, and personal obligations—quarrels, rivalries, and hatreds that dated back decades. Yet the struggle ultimately stemmed from a young woman's determination to defy tradition and the king, and to choose her own husband.
The first fundamental truth about the "Arab Spring" is that there never was one. The salient fact of the Middle East, the only one, is Islam. The Islam that shapes the Middle East inculcates in Muslims the self-perception that they are members of a civilization implacably hostile to the West. The United States is a competitor to be overcome, not the herald of a culture to be embraced.
Is this self-perception based on objective truth? Does it reflect an accurate construction of Islam? It is over these questions that American officials and Western intellectuals obsess. Yet the questions are irrelevant. This is not a matter of right or wrong, of some posture or policy whose subtle tweaking or outright reversal would change the facts on the ground. This is simply, starkly, the way it is.
Every human heart does not yearn for freedom. In the Islam of the Middle East, "freedom" means something very nearly the opposite of what the concept connotes to Westerners – it is the freedom that lies in total submission to Allah and His law. That law, sharia, is diametrically opposed to core components of freedom as understood in the West – beginning with the very idea that man is free to make law for himself, irrespective of what Allah has ordained. It is thus delusional to believe, as the West's Arab Spring fable insists, that the region teems with Jamal al-Madisons holding aloft the lamp of liberty. Do such revolutionary reformers exist? Of course they do . . . but in numbers barely enough to weave a fictional cover story. When push came to shove – and worse – the reformers were overwhelmed, swept away by a tide of Islamic supremacism, the dynamic, consequential mass movement that beckons endless winter.
That is the real story of the Arab Spring – that, and the Pandora's Box that opens when an American administration aligns with that movement, whose stated goal is to destroy America.
Newton was in Baghdad in December 2003 when the Tribunal was announced and Saddam was captured. In the following months, Scharf and Newton helped write the rules of the Tribunal, conducted a mock trial in (perhaps appropriately) Stratford-upon-Avon, England, and provided legal analysis on dozens of issues. Newton then returned to Baghdad several times during the trial and appeal. Now, from its two shapers, comes the fascinating inside story of the trial and execution of Saddam Hussein and the attempt to bring the rule of law to post-invasion Iraq.
Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases.
These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.
Such an approach will be sceptical rather than cynical, intending to provide the means by which the role of international law may be evaluated. This entails discussion of the legal quality of international law; of the relationship between the academic disciplines of international law and international relations; of the apparent 'Eurocentricity' of international law, and of the relationship between political power and the ability to use or abuse (or ignore) international law.
Underlying the book is the assertion that international law is political in content (in the sense of being concerned with the exercise of power) but that it draws much of its effectiveness from its self-portrayal as being apolitical, or at least politically neutral.
The contributors to this volume, whose backgrounds range from political science and history to economics, law, and sociology, examine the "deep structure" of an order that was first imposed by the Allies in 1945 and has been a central feature of world politics ever since. Creatively and insightfully blending theory and evidence, the chapters in The End of the West? examine core structural features of the transatlantic order to determine whether current disagreements are minor and transient or catastrophic and permanent.
Military analyses derived from Roman law contained enough historical examples to fill an encyclopedia. Yet, although addressed to the problems of their day, they generally remained the private counsel of scholars and had little impact on political and military decisions. While theorists of international law were developing a body of rules to govern warfare, practitioners of conflict were largely moved by the motives of military necessity.
Under the dual auspices of military necessity and national self-interest, the code of the military commander was simple: maintain a disciplined fighting force in order to achieve military victory. To remedy this gap between theory and practice, a practical guide was needed which would briefly describe for commanders in the field the rights and obligations of belligerents as custom and theory had developed them. Then political and military policy could be expected to conform to the theoretical law of nations. This was the synthesis that the Lieber code proposed. Originally published in as Lieber's Law and the Code of War, this paperback edition bears a new title that more precisely identifies the subjects covered.