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What comes to your mind once you hear the word ‘meme’? Probably you think of memes as silly pictures circulating on the internet. Perhaps, if you are interested in exploring various sciences, you think of a meme in the as any piece of information transmitting meanings. Thus, memes are indeed those silly pictures, but they are also much more than just that: memes are any phrases and otherwise spread bits of meaningful data which we encounter on- and offline.

What does the law have to do with this? As a highly conceptual and rigid language, law is full of memes. Moreover, Consider it yourself: the language of law is so inflexible that many legal concepts like culpa in contrahendo or mens rea persist as meaningful phrases for millennia. Thus, these legal memes are easy to trace back in time and see how the law evolves throughout generations.

Memetics does exactly this: traces back the development of organisms through bits of data transmitted by genes, it tracks down the evolution of meanings through circulation of memes. Hence, the whereabouts of such ancient legal concepts as ‘crime’ or ‘jus soli’ can show more general development of the legal vocabulary, the legal doctrine, and by extension of the law and societies where these concepts have been used for spans of many eras.

I utilised memetics in my study of law as I was tracing an exceptional progress made by a very recent legal concept, the ‘gay propaganda’ ban. It originated as in the 1980s that banned the ‘promotion of homosexuality’ in British schools. It then turned up in the in the 1990s. As a successful catchphrase in a slightly new form of the ‘propaganda of homosexuality’, it as a provincial directive. Eventually, it was enhanced by the power of federal law: initially ‘gay propaganda’ legislation was introduced in 2013 and it was amended to widen In my book I uncover that the invocation of this meme in the official discourse of the Kremlin prepares ground for actual harm, including physical attacks on LGBT+ people.

The study of legal memes is not new. However, if the methodology of legal memetics means simply tracing particular catchphrases in a limited corpus of legal texts, then it appears too positivist. This is why for Socio-Legal Studies I propose a newer approach, Discursive Memetics. Previous approaches treat law as a limited collection of published texts. Within this definition, court rulings, statutes, and contracts appear as the law; whereas our practices and thoughts about the law, legal scholars’ comments and legislators’ rationales, as well as many other types of texts are excluded from the scope of conventional legal memetics. Additionally, what researchers usually look at is a specific legal phrase, a term rather than a concept. I argue against such positivism.

In my approach, the law is treated as discourse. Hence, first, different things fall into what counts as law: wherever legal meaning is transmitted, there is law. Socio-Legal Studies make it perfectly clear that the law cannot be limited to a set of defined texts such as precedents or statutes. Instead, a much wider variety of discursive forms should be regarded. This is why I refer to this approach as discursive memetics: it is about encompassing the entire discourse of law rather than simply a bunch of texts.

Second, legal concepts may appear stable in time and place, but they may as well not be. Perhaps, a few Roman legal terms indeed persisted over a couple of millennia. Yet, a concept is a much wider phenomenon than its articulated time- and place-specific term. The ‘gay propaganda’ concept demonstrates this very well: it took off as ‘promotion of homosexuality’ and resonated as ‘propaganda of non-traditional sexual relations’ in Russia; or ‘LGBT-free zones’ in Poland; or the ‘Don’t Say Gay Bill’ in the USA. The list may be continued. The point is that Discursive Memetics traces specific meanings, not specific catchphrases. This is especially relevant for the interdisciplinary borderlands of Socio-Legal Studies because it allows a broader conceptualisation of law and a more inclusive approach to its vocabulary.

Divorce and Separation

One of the most common areas where family lawyers are sought after is divorce and separation. As we all are already familiar with this fact, how difficult & emotionally challenging is separation from the family, especially when you need to get separated from your spouse with whom you got married with the intent to spend the rest of your life with this person. Handling & dealing with such a separation process needs a delicate & sensitive approach by an expert family lawyer who supports the client emotionally along with presenting the legal representations in the courtroom for the client.

Filing divorce applications, negotiating spousal maintenance, dividing assets, and resolving child custody disputes are some of the major and primary functions that are completed by a family lawyer in Gold Coast.

 Child Custody and Support

The most sensitive case in separation cases that comes to the courtrooms is the matter of the custody of a child. Child custody battles can be emotionally draining for parents and profoundly impact the lives of the children involved. In a city like Gold Coast, family law lawyers Gold Coast works towards a suitable custody arrangement while prioritizing & safeguarding the best interests of the child.

 Our best family lawyer in Gold Coast assists in creating parenting plans, mediating disputes, and representing clients in court if necessary.

Property Settlements

Generally, what becomes a bone of contention among the separating spouse or partners or, say, family members is the property and assets division. At Legal Buddy, our Gold Coast family lawyers are experts in evaluating the value of properties, businesses, investments, and other shared assets to help clients secure their rightful entitlements. To protect your long-term interests, we suggest you take the brilliant mentorship of our best family lawyers in Gold Coast.

Domestic Violence and Protection Orders

Separation from a spouse is no doubt a painful experience, but living in an abusive marriage makes no sense, especially for women. In situations involving domestic violence or abuse, family lawyers in Gold Coast City play a vital role in safeguarding the well-being of the clients, and going through domestic violence & abuse under the roof of one’s house tears that person. Hence with a special interest in women’s protection & standing in support of people going through domestic violence or abuse, we at Legal Buddy put our best efforts into getting the protection orders, which provide legal protection against abusive partners or family members.

 Adoption and Surrogacy

A family is incomplete without a child; to come out of the pain of not having or being not able to give birth to a child, the majority of couples in Gold Coast City opt for options like adoption & surrogacy. Family lawyers assist such individuals or couples seeking to expand their families through these methods. Adoption is a very complex procedure in Australian states, hence navigating them requires the support & guidance of a family lawyer who is well-versed in family & adoption laws in Gold Coast. Our Family lawyers at Gold Coast help clients understand their rights and responsibilities, ensuring a smooth and legally sound transition into parenthood.

An appellate court in the United States upheld a $3 million jury verdict for “Sarah Roe,” an Ethiopian trafficking survivor held in forced labour and sexual servitude in Yemen. This marks the first time an appellate court in the United States has upheld extraterritorial jurisdiction in a federal civil trafficking case. Pro bono firm Jones Day litigated the case, Roe v. Howard, in the trial court in Virginia and in the 4th Circuit Court of Appeals.

On 25 February 2019, the Fourth Circuit Court of Appeals affirmed a multi-million dollar judgment awarded to a trafficking survivor represented pro bono by Jones Day. The case was on appeal from the Eastern District of Virginia, where, in 2017, a jury awarded “Sarah Roe” $3 million in damages under the civil remedies provision of the Trafficking Victims Protection Reauthorization Act (TVPRA) for conduct that occurred on a U.S. Embassy housing compound in Yemen. The defendant, a former U.S. State Department official, appealed the verdict, arguing that civil damages under the TVPRA were not available for conduct occurring abroad before Congress expanded the TVPRA’s extraterritorial jurisdiction in 2008.

The Fourth Circuit evaluated the extraterritorial reach of each of the four provisions under which Howard had been found liable, holding that recovery under the civil provision was available for extraterritorial acts “to the extent that the particular predicate offence supporting a specific claim applies extraterritorially.” The prohibition on sex trafficking (18 U.S.C. § 1591), the court said, “present[ed] the simplest analysis,” since it reached all offences committed by U.S. nationals on “premises of United States diplomatic, consular, military or other United States Government missions” since 2003. Because sex trafficking committed by a U.S. national on U.S. embassy grounds was expressly covered under 18 U.S.C. § 1591 at the time of Roe’s abuse, civil recovery was available under the TVPRA.

A Traverse Hearing is a pre-trial hearing ordered when a defendant has attacked the propriety of the service of process in a civil action. Typically, a defendant will raise the issue of improper service in an omnibus motion to dismiss plaintiff’s action, which will likely include attacks on many other aspects of plaintiff’s claim (ie. Standing, etc.). As the issue of proper service raises the question of whether the court has personal jurisdiction over a defendant, judges will usually address the service issue initially and independently of the other grounds raised for dismissal.

The general practice is that the court will analyze the defendant’s attack, and if the question is unresolved and necessitates a hearing, the court will hold the balance of the motion in abeyance while awaiting the outcome of the Traverse Hearing. As will be discussed further below, this is important because the attorney handling the traverse should be prepared to argue the balance of the motion at the hearing should the court render a decision after the traverse at the conclusion of the hearing.

To warrant a traverse, a defendant must do more than simply claim “I was never served.” The affidavits of service from the process server constitute prima facie evidence of good service that a defendant must rebut to merit a hearing on the issue. In defendant’s moving papers there must be evidence, in admissible form, supporting the claim of improper service. The type of evidence can vary greatly, depending on the manner of the service. Personal service on the defendant, suitable age and discretion at defendant’s dwelling or place of business, nail and mail after unsuccessful attempts at personal service etc.

Affidavits from the defendant himself stating he does not reside at the location where service was alleged may accompany a defendant’s motion. Any affidavits must be sworn to and from individuals with personal knowledge. Attorney affirmations, unless the attorney has independent personal knowledge are not sufficient, although some judges will consider them anyway.

If during argument of the motion, the court takes into consideration an attorney’s affirmation without additional evidence from someone with personal knowledge that should be objected to and noted on the record, if the court conducts oral argument on the record.

Should the court rule that the defendant has rebutted the prima facie evidence of good service established by the process servers’ affidavits, it will order a Traverse Hearing and, and typically hold the balance of the motion in abeyance pending the outcome of the hearing.

In Kings County, how the hearing proceeds varies from judge to judge. Some judges do not conduct the hearing themselves, they refer the case to a judicial hearing officer (“JHO”) to conduct the hearing. In such instances, the parties must decide whether the JHO’s findings will be binding on the parties, or whether they will simply be a recommendation to the presiding judge. Other judges will conduct the hearing themselves.

The conduct of the hearing itself also varies a great deal from judge to judge. Some judges are very formal, conducting the hearing almost as it is a trial. Others are more informal. If an attorney is unfamiliar with the judge or JHO’s practices, it would behoove them to understand that particular judge or JHO.

The most important part of conducting the hearing is preparation. The handling attorney should be fully familiar with the motion work that ultimately gave rise to the hearing. This is especially important when the supporting evidence submitted with defendant’s motion includes affidavits from witnesses that may testify at the hearing. Typically these motions are prepared and affidavits reviewed and signed many months before the hearing, and those affidavits can prove exceedingly valuable when cross examining those witnesses if opposing counsel has failed to properly prepare their witnesses.

In advance, it should be confirmed that the process servers have been ordered and are available on the date of the hearing. In the event an adjournment may be needed, the court must be conferred with prior to the hearing and permission obtained from the court. Showing up the day of the hearing with a stipulation to adjourn is not advisable.

Typically, plaintiff will be called on first to present its’ witnesses. There may only be a single witness, if the service was personal service. In the event that there was a mailing component that was required, the attorney should attempt to have opposing counsel stipulate to the mailing portion, as the issue is very rarely with any defect in the mailing portion.

Historically, animals have been used as a foil for humans, presented less in terms of their own capabilities and traits than as beings deficient in some fundamentally human features. The field of Human-Animal Studies (HAS) has endeavoured to change this by exploring the relationships between humans and (nonhuman) animals, and by challenging our construction, understanding, and treatment of them.

This article, published in the journal Society & Animals, reviews the evolution and future of HAS. For animal advocates, the review provides insight into the broad spectrum of perspectives that make up a field that provided an early academic basis for the animal protection movement. It also suggests challenges and opportunities that the field — and animal advocacy — could face in the future.

HAS consists of an academic presence through courses, graduate programs, and research centers; publication venues such as academic journals and book series; and a public presence through policy papers, outreach, and conferences. As an academic field, it brings together perspectives, researchers, and methodologies from disciplines ranging from animal law and anthropology to psychology, religion, and cultural studies.

HAS grew out of work in philosophy first published in the 1960s-1980s that, by emphasizing the moral importance of animal welfare, turned traditionally human-centered views of animals on their head. These works, such as Singer’s Animal Liberation, Midgley’s Beast and Man, and Regan’s The Case for Animal Rights, became the foundation of the animal protection and welfare movement. As HAS grew, its focus evolved in the groups of animals it was concerned with; how lines between humans and animals are drawn; and the methodological approaches used for research.

One such shift illustrates how HAS has contributed to changing perceptions of animals:

• In raising animal being, HAS has marshalled scientific evidence suggesting that animals have capabilities and behaviors such as empathy and agency that were previously thought to be exclusive to humans.
• In lowering human being, HAS has shown that humans display many behavioral patterns that were previously considered limited to animals. For example, psychological research has demonstrated the role of instinctual and irrational behavior in human decision-making.
• In blurring the distinction, HAS has considered both humans and animals as mixtures of other beings, blunting the historical notion of human exceptionalism.
• In begging the question, HAS has embraced differences between humans and animals, promoting the value of respecting differences and “otherness.”

More recent shifts in perspectives in the field of HAS have questioned basic distinctions made between nature and human culture, and between individuals and groups. One noteworthy consequence of this shift has been a new focus on the role of group membership, creating a tighter connection between HAS and environmental movements. Furthermore, recent advances in neuroscience may give scientists a more rigorous grasp of emotion and affect in animals, which could fundamentally alter our understanding of the differences between humans and animals.

At Akkadian, we have experienced solicitors capable of handling all of your family law, criminal law, estate matters, and civil litigation matters, including complex legal matters. We have the size and range of solicitors in Ghana to suit your particular legal matter. Our lawyers have a practical and solutions oriented approach. We will strive to obtain the optimal legal outcome for you without commencing legal proceedings. However, if legal proceedings are commenced we will fight to ensure that you get the best legal outcome possible. All of our solicitors are committed to best practice and to ensuring the best legal outcome for you. Our solicitors engage in regular professional development seminars in order to ensure that they are up to date with the latest legal developments and changes in the law.

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We aim to provide you with high quality, efficient and affordable legal services in family law, criminal and traffic law, Wills and Estates and commercial litigation. Our team has many years of experience, extensive knowledge and a commitment to keeping up-to-date with the changing law.

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We will help you navigate the legal system, ensuring we explain your matter in a way that you understand. Backed with personal, quality service, the most important thing we do is work hard to achieve the best possible results for you. Our aim is to solve matters quickly

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We provide professional and prompt advice and assistance in: Family Law, Criminal Law, Wills & Estates, and general commercial litigation.