Friday, January 15, 2010

The Public Duty Doctrine.63: Sovereign Immunity

Wikipedia does a pretty good job on this issue. Consider the international implications, as follows:

http://en.wikipedia.org/wiki/Sovereign_immunity

PDD.62: 9-11 & Sovereign Immunity

Survivors sued Saudi Arabia for their involvement with 9-11.

Consider the following: http://rawstory.com/08/news/2009/06/29/supreme-court-quashes-911-lawsuit-against-saudis/

The Public Duty Doctrine.61: Christmas Day Bomber

What if the Christmas Day Bomber, who was from Nigeria, was successful in setting off that bomb? What if it could be proven that government officials in Nigeria were aware of the plot and did nothing to stop it? How far do you think you'd get in finding justice?

Consider this: http://www.dawodu.com/ijalaiye1.htm

PDD.60: Canada's Sovereign Immunity

Consider the case of this Canadian lawyer and put yourself in his shoes.http://www.lawyersweekly.ca/index.php?sectionarticle&articleid=824

Thursday, January 14, 2010

PDD.59: Women Of The 21st Century

The New York Times Magazine, dated August 23, 2009, was devoted primarily to women's issues, globally. I had six daughters. I have a vested interest in this subject.

One of its articles was entitled, "The Women's Crusade," co-authored by Nicholas D. Kristof and Sheryl WuDunn. The article opens with, "In the 19th Century, the paramount moral challenge was slavery. In the 20th century, it was totalitarianism. In this century, it is the brutality inflicted on so many women and girls around the globe: sex trafficking, acid attacks, bride burnings and mass rape."

All the articles are indepth, comprehensive, and heartwrenching.

I believe that American women will lead the way in changing the plight of women globally. And at the same time I'm going to level an accusation against those same American women, and that is: If American women fail to recognize (at least in the U.S.) that government and its agents have no legal duty to protect, they will export unrealistic expectations to impoverished and tortured women abroad. American women need to deal with this issue here and now, openly, consider their options under the circumstances, and proceed as role models for the rest of the world. Until then, their efforts will be fruitless.

I have not done extensive research on similar laws around the world. But you can bet that the rest of the world's governments will emulate the U.S. regarding failure to protect and sovereign immunity issues.

By the way, the above The New York Times Magazine issue did not mention, either specifically or generally, The Public Duty Doctrine in the U.S. or similar laws around the world.

Friday, January 8, 2010

The Public Duty Doctrine.58: Due Diligence

Why should we educate ourselves about The Public Duty Doctrine? Because when we cry foul to the criminal justice system's failure to protect, the system usually responds with: We had no legal duty to protect in the first place; and, if you gave the subject due diligence, you would have known the criminal justice system does not protect. Therefore, ignorance is no excuse.

Due diligence means you investigate first before you commit, you look before you leap.

Consider the attached: http://en.wikipedia.org/wiki/Due_diligence