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The Race Against The Clock: A New Bill Providing Hope For Children Fighting The Ultimate Battle, Nicholas M. Fiorello

Nova Law Review

Roughly forty-three children are diagnosed with cancer daily.. Approximately 1190 children are expected to die from pediatric cancer this year in the United States alone—as the disease is the leading cause of death in children and adolescents, ages 1U14, in the country.

North Korean Illicit Activities And Sanctions: A National Security Dilemma, Bruce E. Bechtol Jr.

Cornell International Law Journal

North Korea is a nation-state that for many years (including the years following the Cold War) has been off of the main radar for American foreign policy. Whether it was because the United States was worried about other issues such as problems in the Balkans in the 1990s, or fighting wars in Iraq and Afghanistan in the new millennium, challenges from the DPRK never seemed to be at the top of the priorities list with American foreign policy makers. This has now changed. It has become obvious to the world that North Korea has an active nuclear weapons program, and …

A Decade Of Civilian Scholarship: The Role Of The Journal Of Civil Law Studies As A Bridge Between Louisiana And The Civil Law World, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

The Reluctance Of Civil Law Systems In Adopting The Ucc Article 9 “Without Breach Of Peace” Standard—Evidence From National And International Legal Instruments Governing Secured Transactions, Asress Adimi Gikay, Cătălin Gabriel Stănescu

Journal of Civil Law Studies

One of the defining features of the Uniform Commercial Code Article 9 is the secured creditor’s ability to take possession of the collateral upon the debtor’s default “without breach of peace.” This standard is meant to protect the debtor from abusive secured creditors, the meaning of which has been shaped by courts on a case-by-case basis.

In reforming their secured transactions laws to enhance access to credit, continental legal systems have shown great reception to Article 9 by adopting the unitary concept and functional approach to security interests, introducing private enforcement mechanisms, including various forms of self-help repossession. However, the …

The Fourth Circuit’S Treatment Of Anunconventional Obligation Inwegmann V. Tramontin, Nathan W. Friedman

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Notarial Acts As Written Evidence: Towards A Convergence Between Civil Law And Common Law Systems, Angelo Chianale

Journal of Civil Law Studies

This article studies the contrast between civil and common law systems regarding the significance of the notarial act. According to conventional scholarship, in the former, civil procedure requires written evidence and the notarial act is the strongest kind of evidence. In the latter, however, civil procedure requires oral evidence and the notarial act has no specific relevance. This article examines the extent of these two main principles: a) in civil law systems the notarial act is full evidence of the extrinsic and a document can be challenged only with an action for falsity; and b) in common law systems the …

Editorial

Journal of Civil Law Studies

No abstract provided.

Louis Victor De La Vergne (1938-2017), Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Disobeying Courts’ Orders—A Comparative Analysis Of The Civil Contempt Of Court Doctrine And Of The Imageof The Common Law Judge, Carlo Vittorio Giabardo

Journal of Civil Law Studies

The aim of this article is to briefly tackle, from a comparative viewpoint, an academically quite overlooked topic: techniques of enforcement of lawful judgments. Despite a gradual convergence in many fields of law, common and civil law jurisdictions still maintain a striking diversity in the ways in which they react to non-compliance with court judgments. Whilst in common law tradition, failure to comply with a judicial order is considered civil contempt of court, in civil law countries this legal institution is simply unknown. Furthermore, it is only in civil law systems that failure to comply with a court judgment cannot …

Social Obligations Of Land Rights On Chinese Collective-Owned Land, Zhe Huang

Journal of Civil Law Studies

This article critically examines social obligations on Chinese collective-owned land. Current social responsibilities on Chinese collective-owned land are inadequate, ineffective, and distorted. Rural property right holders do not owe sufficient social burdens to society. As rural land regulators, rural collectives should have the authority to regulate and manage agricultural land use. Because of the vague and weak identity of rural collectives, collectives have limited authority and resources in restricting and regulating rural land use rights. As rural landowners, collectives violate their social responsibilities by misusing agricultural land and harming society. This article argues that for agricultural land, where physical characteristics …

What Medical Risks Should Physicians Disclose To Their Patients? Towards A Better Standard In American And French Medical Malpractice Law, Alina-Emilia Ciortea

Journal of Civil Law Studies

This essay discusses the historical and evolutionary back-ground of the doctrine of informed consent in medical malpractice cases in order to provide the reader with a detailed and a unique comparative perspective of the law in the United States and in France, along with some cross-references to other legal systems across the globe.

In order to achieve the desired goal, this paper conducts the analysis based on a hypothetical situation. Starting from these facts, the paper shows how and if the American and the French standards addressing the scope of the physician’s duty to disclose the risks intrinsic to the …

France - The French Reform Of Contract Law: The Art Of Redoing Without Undoing, Mustapha Mekki

Journal of Civil Law Studies

No abstract provided.

The Interaction Of Good Faith With Contract Performance, Dissolution, And Damages In The Louisiana Supreme Court, Jumoke Dara, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

Hooper V. Hero Lands Company, Christopher B. Ortte

Journal of Civil Law Studies

No abstract provided.

Evelyn L. Wilson, The Justices Of The Supreme Court Of Louisiana 1865-1880, Georgia Chadwick

Journal of Civil Law Studies

No abstract provided.

Complete V.10

Journal of Civil Law Studies

No abstract provided.

The Oral History Of A.J. "Bud" Hicks, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

A.J. “Bud”Hicks is known to be one of Nevada’s most experienced gaming law practitioners. He formerly served as the Chief Deputy Attorney General, representing the Nevada Gaming Control Board and the Nevada Gaming Commission. Today, Hicks continues to practice gaming law, working with clients that include publicly traded gaming companies, lenders of gaming operators, and others who seek to enter the gaming industry.

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

How Big Money Ruined Public Life In Wisconsin, Lynn Adelman

Cleveland State Law Review

This Article discusses how Wisconsin fell from grace. Once a model good government state that pioneered many democracy-enhancing laws, in a very short time, Wisconsin became a state where special interest money, most of which is undisclosed, dominates politics. This Article identifies several factors as being critical to Wisconsin’s descent. These include the state’s failure to nurture and build on the campaign finance reforms enacted in the 1970s and both the state’s and the United States Supreme Court’s failure to adequately regulate sham issue ads. As evidence of Wisconsin’s diminished status, this Article describes how several of the state’s most …

Ohio's Modern Courts Amendment Must Be Amended: Why And How, Richard S. Walinski, Mark D. Wagoner Jr.

Cleveland State Law Review

A 1968 amendment to the Ohio Constitution granted the Supreme Court of Ohio the authority to promulgate “rules governing practice and procedure” for Ohio courts. The amendment also provided that “[a]ll laws in conflict with such rules shall be of no further force or effect after such rules have taken effect” and that no rule may “abridge, enlarge, or modify any substantive right.”

Although the amendment was explicit about automatic repeal of existing laws, it says nothing about whether the General Assembly may legislate on a procedural matter after a court rule takes effect. That silence has caused enduring confusion. …

Whatever Happened To Military Good Order And Discipline?, Colonel Jeremy S. Weber

Cleveland State Law Review

Discipline is often called “the soul of an army.” If this is so, the United States military seems to be experiencing a spiritual crisis. Article 134 of the Uniform Code of Military Justice (UCMJ) allows commanders to punish acts prejudicial to “good order and discipline,” but the reach of this provision has been increasingly limited in recent years. Appellate courts have repeatedly overturned convictions of conduct charged as prejudicial to good order and discipline, and in recent years, the military’s high court has issued a series of decisions limiting the reach of the UCMJ’s “general article.” Congress has also recently …

Stuck In Ohio's Legal Limbo, How Many Mistrials Are Too Many Mistrials?: Exploring New Factors That Help A Trial Judge In Ohio Know Whether To Exercise Her Authority To Dismiss An Indictment With Prejudice, Especially Following Repeated Hung Juries, Samantha M. Cira

Cleveland State Law Review

Multiple mistrials following validly-prosecuted trials are becoming an increasingly harsh reality in today’s criminal justice system. Currently, the Ohio Supreme Court has not provided any guidelines to help its trial judges know when to make the crucial decision to dismiss an indictment with prejudice following a string of properly-declared mistrials, especially due to repeated hung juries. Despite multiple mistrials that continue to result in no conviction, criminal defendants often languish behind bars, suffering detrimental psychological harm and a loss of personal freedom as they remain in “legal limbo” waiting to retry their case. Furthermore, continuously retrying defendants cuts against fundamental …

Copyright Statement, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Toxic Impact: The Regulation Of Coal Ash And The Influence Of Big Money On Small Communities, Patricia Helman

Barry Law Review

No abstract provided.

Indonesia's Energy Security: Are We Securing It Right? Lesson Learned From The Eu, Afghania Dwiesta

Indonesia Law Review

Over the past few years, one of Indonesia’s state-owned enterprises, PLN, has conducted dialogues focusing on developing a new value-creative business model to transform itself, a sleepy regulated utility, into a truly competitive electricity service provider. However, efforts to preserve the prominence of the Country’s electricity sector have been ongoing as the sector is still experiencing sustained rolling blackouts, net import dependency and lack of transmission facility enforcement throughout the Indonesian archipelago. Such efforts have been varied from the incentivise policy and programs such as the Public-Private Partnership and the two phases of Fast Track Program. The reformation of electricity …

Legal Dilemmas In Releasing Indonesia’S Political Prisoners, Daniel Pascoe

Indonesia Law Review

In May 2015, in an effort to foster peace in the restive Papua and West Papua Provinces, Indonesian President Joko ‘Jokowi’ Widodo granted clemency to five political prisoners, releasing them from sentences ranging from 20 years to life. The president also stated that there would be ‘a follow-up granting clemency or amnesty to other [political prisoners] in other regions’ (Jakarta Post, 10 May 2015). However, with up to 50 political prisoners still incarcerated in prisons around Indonesia (mostly Papuan and Moluccan separatists), Jokowi’s selective release policy faces several legal and political obstacles. This article outlines the various options open to …

Indonesia And Asean Plus Three Financial Cooperation, Ariswan Gunadi

Indonesia Law Review

Indonesia and ASEAN Plus Three Financial Cooperation is a very well-written book by Eko Saputro. The ASEAN Plus Three Financial Cooperation was established to maintain and strengthen the common objective of its member, particularly in the economic area.1 This book analyzes Indonesia’s current position in East Asia, in the connection with the ASEAN Plus Three Financial Cooperation. Divided into 7 chapters, the book provides an analysis of Indonesia’s role APT financial regionalism with more emphasize on the financial sector instead of education.

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.