Law Commons^™

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 Problems Of Settlement Agreement Of The Parties In Economic Legal Proceedings, Q. Avezov

Review of law sciences

In this article the author has done legal comparative analysis of the issues connected with the conclusion of a settlement agreement of the parties in the economic legal proceedings in the light of scientific-theoretical, practical and legislation of foreign countries. Morever, studied legal consequence and procedural legal peculiarities of the conclusion of a settlement agreement. Conclusions are made upon analysis and the author has given suggestions to legislation with scientific grounds.

The Mutual Influence Of Legal Disciplines On Social Progress And Social Progress On The Development Of Legal Diciplines, O. Oqyulov

Review of law sciences

in the system of social sciences, legal disciplines occupy a special place. Investigating society, the mechanism of legal regulation of social relations, legal disciplines have a significant impact on the effectiveness of socio-economic reforms, perform a kind of creative function. In this study, various designs developed by the legal science, which have become an important source of development and progress, are disclosed. At the same time, both society and the changes taking place in society also have a response to the development of legal sciences, enrich its methodological apparatus, self-organization of legal science, and make demands on the personality of …

Postmodern Social Control: Dividuals And Surveillance, Ernest M. Oleksy

The Downtown Review

As a society's foundational philosophy changes, so, too, will its forms of social control. By using the works of thinkers like Deleuze and Foucault as pivot points, the dynamic nature of social interactions and the agents to mediate those actions shall be investigated. This article includes findings from archival analysis written in a journalistic prose for simplicity of consumption.

Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy

The Downtown Review

Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the defense …

Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran

Journal of Legislation

No abstract provided.

The Right Balance: Qualified Immunity And Section 1983, Jana Minich

Channels: Where Disciplines Meet

This paper explores qualified immunity jurisprudence in the context of Section 1983 lawsuits against police officers. Following an overview of the history behind this jurisprudence, this research looks into the current problems with the application of qualified immunity: lack of guidance for lower courts, a need for constitutional rights articulation, and a divergence from notice-based standard for particularity. This study suggests guiding the trajectory of case law toward solutions with foundations already present in precedent rather than overhauling the system of qualified immunity.

Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan

Maine Law Review

In 1993, the Supreme Court of the United States stated that with the federal adoption of statutory rules of evidence in 1975, the common law rule for determining admissibility of scientific testimony was superseded, and that thenceforth admissibility of scientific testimony was to be determined solely by Federal Rule of Evidence 702 (Rule 702). The Frye standard had been adopted in one form or another by most of the federal circuits and by many of the state courts during the 70 years preceding Daubert. Referred to as the “general acceptance” standard, the Frye standard--although adopted in a variety of forms--had …

Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions, Sigmond D. Schutz

Maine Law Review

Many states, including the State of Maine, take the position that they have, essentially, an infinite time within which to bring a civil action. The basis for the State's claim of immunity from statutes of limitations is the old English common law doctrine, “nullum tempus occurrit regi”-- literally, no time runs against the King--which purports to exempt the State from statutes of limitations of general applicability unless statutes expressly provide otherwise. There has not been a Maine Supreme Judicial Court (Law Court) opinion mentioning the nullum tempusdoctrine since 1955, but the doctrine continues to be actively asserted by the State …

Decrypting Democracy: Incentivizing Blockchain Voting Technology For An Improved Election System, Jane Susskind

San Diego Law Review

[B]lockchain technology provides a cryptographically secure and transparent method for transferring “digital assets.” Although blockchain technology is most commonly recognized as the technology that underpins virtual currencies, such as Bitcoin, it may also hold the key to facilitating secure online elections in America. To preface the need for blockchain voting, Part II addresses the current problems with voting in the United States. Part III provides an elementary explanation of blockchain. Parts IV and V outline current election laws and explain how implementing blockchain voting would very likely comply with these laws. Transitioning to a new voting system, however, does not …

How Town Of Chester V. Laroe Estates, Inc. Turned The One-Good-Plaintiff Rule Into The One-Good-Remedy Rule, Jesse D.H. Snyder

San Diego Law Review

This Article argues that Town of Chester reframes the one-good-plaintiff rule, turning an inquiry focused on at least one plaintiff with standing for each asserted claim into one in which courts must assay standing for the entire field of damages seekers. In three parts, the Article reviews Article III standing juxtaposed with the advent of the one-good-plaintiff rule, discusses Town of Chester, and explores how Town of Chester affects the future of the one-good-plaintiff rule. Although Town of Chester did not address existing plaintiffs or how their extant damages theories can anchor other parties, the Court’s rationale is a salvo …

Contemplating The Use Of Classified Or State Secret Information Obtained Ex Parte On The Merits In Civil Litigation: Bl(A)Ck Tea Society V. City Of Boston, Brian M. Tomney

Maine Law Review

In Bl(a)ck Tea Society v. City of Boston, the First Circuit Court of Appeals affirmed, without dissent, a district court's ruling denying protesters at the 2004 Democratic National Convention a preliminary injunction designed to force the City of Boston to modify its designated demonstration zone (DZ) and remove some of the draconian security measures surrounding the zone. The injunction was denied by Judge Woodlock after he personally inspected the DZ and determined that, given “constraints of time, geography, and safety,” there were no viable alternatives—to site location or construction of the DZ itself—that could reasonably occur before the convention started. …

Satisfaction Of Civil Judgments Against Public Juridic Persons In The United States In Light Of Canons 22 And 1291: Aliud Iure Canonico Caveatur?, Mark T. Reeves

The Catholic Lawyer

No abstract provided.

Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka

Maine Law Review

In fiscal year 2004, Wal-Mart added 139 new discount stores, supercenters, and “neighborhood markets” to its already significant chain of stores across the United States. Wal-Mart developers submit their proposals to governing town bodies all over the country with the promise that the $20 million construction of a 200,000 square foot store will create 500 new jobs for the local economy, will have a payroll of over $12 million, will increase the tax base of the area, and will provide convenient, affordable shopping for consumers. For these reasons, the big box stores are a hard offer for town planners to …

American Civil Liberties Union Of New Jersey V. Schundler: Established Endorsement In Need Of "Supreme" Intervention, Gabriel Acri

The Catholic Lawyer

No abstract provided.

Reevaluating The Computer Fraud And Abuse Act: Amending The Statute To Explicitly Address The Cloud, Amanda B. Gottlieb

Fordham Law Review

Under the current interpretations of authorization, instances where an individual harmlessly accesses the cloud data of another user could be classified as hacking and a violation of this federal statute. As such, this Note demonstrates that all of the current interpretations of the CFAA are too broad because they could result in this nonsensical outcome. This Note accordingly proposes an amendment to the CFAA specifically addressing user access to data on the cloud. Such an amendment would eliminate the unusual result of innocuous cloud-computing users being deemed hackers under federal law.