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Articles 1 - 30 of 95
Full-Text Articles in Law
The Digest Online Project: A Resource To Disseminate The Legal Heritage Of Louisiana, Agustín Parise
The Digest Online Project: A Resource To Disseminate The Legal Heritage Of Louisiana, Agustín Parise
Journal of Civil Law Studies
No abstract provided.
Vekic V. Popich, George Day
James R. Maxeiner, Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives, Scott J. Burnham, Markus G. Puder
James R. Maxeiner, Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives, Scott J. Burnham, Markus G. Puder
Journal of Civil Law Studies
No abstract provided.
A Cacophony Of Speech, Law, And Persona: Battling Against The Vortex Of #Metoo In France And The U.S., Anne Wagner, Sarah Marusek
A Cacophony Of Speech, Law, And Persona: Battling Against The Vortex Of #Metoo In France And The U.S., Anne Wagner, Sarah Marusek
Journal of Civil Law Studies
The pervasive proliferation of rumors, through #MeToo and #BalanceTonPorc, communicates meaningful and meaningless-making processes on misconducts both in the French and U.S. con-texts. Such rumors have transformed the online practices by culti-vating both verbal and non-verbal hate speech free and/or free speech. This cacophony of speech, law, and persona has led to a debate relayed on social media platforms, exposing people to a dan-ger zone mostly based as shame, hate, fear, or even destruction, as anonymity and due process no longer prevail.
Changes In The Legal System: A Comparative Essay Based On The Hungarian Experience, Attila Harmathy
Changes In The Legal System: A Comparative Essay Based On The Hungarian Experience, Attila Harmathy
Journal of Civil Law Studies
This article is an attempt to understand the development of law, more particularly the civil law, in a country under constant changes, addressing history, sociology, economics, political science, lan-guages, literature, arts, and, most importantly, civil law itself. The country’s history starts from the foundation of the Hungar-ian state in the 11th century, in the middle of Europe, trying to be independent between strong Western kingdoms and the Byzantine Empire, and creating legal rules based on Christian values. This aim was pursued under the domination of different empires: Tatar, Turk, Austrian, Russian, and German. Political history helps understand the slow economic …
Scotland - Brexit, Boris Johnson And The Nobile Officium, Stephen Thomson
Scotland - Brexit, Boris Johnson And The Nobile Officium, Stephen Thomson
Journal of Civil Law Studies
No abstract provided.
Ledet V. Fabianmartins Construction Llc, Jeremy Carter
Ledet V. Fabianmartins Construction Llc, Jeremy Carter
Journal of Civil Law Studies
No abstract provided.
Tracie F. V. Francisco D., Kourtney Benton
Tracie F. V. Francisco D., Kourtney Benton
Journal of Civil Law Studies
No abstract provided.
Guffey V. Lexington House, Adam Laliberte
Guffey V. Lexington House, Adam Laliberte
Journal of Civil Law Studies
No abstract provided.
Fashion Plantation Estates Prop. Owners Ass'n V. Sims, Lindsay Rich
Fashion Plantation Estates Prop. Owners Ass'n V. Sims, Lindsay Rich
Journal of Civil Law Studies
No abstract provided.
Doty V. Goauto Insurance, Stephanie Wartelle
Doty V. Goauto Insurance, Stephanie Wartelle
Journal of Civil Law Studies
No abstract provided.
Yaëll Emerich, Conceptualising Property Law: Integrating Common Law And Civil Law Traditions, John A. Lovett
Yaëll Emerich, Conceptualising Property Law: Integrating Common Law And Civil Law Traditions, John A. Lovett
Journal of Civil Law Studies
No abstract provided.
Tamar Herzog, A Short History Of European Law: The Last Two And A Half Millennia, Agustín Parise
Tamar Herzog, A Short History Of European Law: The Last Two And A Half Millennia, Agustín Parise
Journal of Civil Law Studies
No abstract provided.
Bali Mawacara: Is A Quasi-Common Law System Developing In Balinese Customary Law?, Danial Kelly, Wayan P. Windia
Bali Mawacara: Is A Quasi-Common Law System Developing In Balinese Customary Law?, Danial Kelly, Wayan P. Windia
Indonesia Law Review
The Indonesian island of Bali is internationally renowned as a popular tourist destination. Tourists from around the world have been attracted to Bali’s rich and colourful displays of culture and its friendly people for many decades. Intertwined with the predominately Hindu culture that is so readily visible is the invisible customary legal system of Bali that regulates much of the daily life of the Balinese. This autochthonous legal system exists in plurality with the Indonesian state legal system. As with all legal systems, the Balinese customary law system is in a state of flux. This article will examine the foundational …
Assessment Of The Role Of The Nigerian Police Force In The Promotion And Protection Of Human Rights In Nigeria, Dr. Ndubuisi J. Madubuike-Ekwe, Dr. Olumide K. Obayemi
Assessment Of The Role Of The Nigerian Police Force In The Promotion And Protection Of Human Rights In Nigeria, Dr. Ndubuisi J. Madubuike-Ekwe, Dr. Olumide K. Obayemi
Annual Survey of International & Comparative Law
This article examines the role of the Nigerian Police Force in the promotion and protection of human rights in Nigeria. It discusses the concept of human rights under international and domestic law. It highlights the powers of the Nigerian Police Force under the Police Act and the Administration of Criminal Justice Act, 2015 and observes that although the police use discretion to support human rights, it is the abuse of the discretion and power that results in violation of human rights of citizens. This article identifies the rights most subjected to abuse by the police as the right to life, …
Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Journal of Law and Policy
This Article introduces an underappreciated space in which protected health information (“PHI”) remains largely unprotected, a fact that will become only more problematic as clinical medicine increasingly turns to genomics. The past decade has seen significant advances in the prevention of birth defects, especially with the introduction of clinical preconception, prenatal, and neonatal genomic sequencing. Parental access to the results of embryonic and fetal clinical sequencing is critical to reproductive autonomy; results can provide parents with important considerations in determining whether to seek or avoid conception, as well as in deciding whether to carry a pregnancy to term. The information …
Reframing The Punishment Test Through Modern Sex Offender Legislation, Jane Ramage
Reframing The Punishment Test Through Modern Sex Offender Legislation, Jane Ramage
Fordham Law Review
Modern sex offender registration and notification laws blur the distinction between criminal and civil law. Despite being labeled as civil regulatory schemes, these laws impose severe burdens on personal liberty—burdens that we tend to associate with criminal punishment. In 2003, the U.S. Supreme Court determined that at least one sex offender registration and notification program functioned as a civil remedy rather than a criminal sanction. In upholding the Alaska Sex Offender Registration Act, the Supreme Court held that the burdens imposed by the statute did not impose additional punishment on registered sex offenders and thus did not trigger the constitutional …
Lead Plaintiff Incentives In Aggregate Litigation, Charles R. Korsmo, Minor Myers
Lead Plaintiff Incentives In Aggregate Litigation, Charles R. Korsmo, Minor Myers
Vanderbilt Law Review
The lead plaintiff role holds out considerable promise in promoting the deterrence and compensation goals of aggregate litigation. The prevailing approach to compensating lead plaintiffs, however, provides no real incentive for a lead plaintiff to bring claims on behalf of a broader group. The policy challenge is to induce sophisticated parties to press claims not in their individual capacity but instead in a representative capacity, conferring a positive externality on all class members by identifying attractive claims, financing ongoing litigation, and managing the work of attorneys. We outline what an active and engaged lead plaintiff could add to the civil …
American Legion V. American Humanist Association, Seth T. Bonilla
American Legion V. American Humanist Association, Seth T. Bonilla
Public Land & Resources Law Review
The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.
From La Beauce To Le Bayou: A Transsystemic Voyage, Rosalie Jukier
From La Beauce To Le Bayou: A Transsystemic Voyage, Rosalie Jukier
Journal of Civil Law Studies
This paper is an adaptation of the Tucker Lecture that I delivered in October of 2017. Its title depicts two iconic places, one in the Canadian province of Quebec, from where I hail, and the other in Louisiana, the locale of my audience. La Beauce, an enchanting part of Quebec, stretches along the Chaudière River and is located about thirty minutes south of Quebec City. Le Bayou refers to the low-lying wetlands found primarily in the southern part of Louisiana, a defining feature of this part of the United States.
In this paper, I attempt to guide an allegorical voyage …
Developing The Civil Law Of Incorporeal Things, Ricardo Bethencourt, Aniceto Masferrer
Developing The Civil Law Of Incorporeal Things, Ricardo Bethencourt, Aniceto Masferrer
Journal of Civil Law Studies
This article offers the legal profession a method to effectuate on behalf of authors, designers, or inventors who are residents of Louisiana (or for Louisiana transactions) the rights recognized by federal law on intellectual property (IP) and unfair competition by activating the civil law on incorporeal things. Additionally, it offers a way to enhance the civil law practitioners’ stock of solutions with the regular notions of property, contracts, and torts in IP and unfair competition law for fascinating results. Also, it enables civil law academia to teach IP and unfair competition law through regular courses such as property, contracts, and …
French Jurisdictional Complexity On The Fringe— Acadia 1667-1710, Jacques Vanderlinden
French Jurisdictional Complexity On The Fringe— Acadia 1667-1710, Jacques Vanderlinden
Journal of Civil Law Studies
During the second half of the 17th century of French formally institutionalized colonial power in Acadia, the province was in an interesting state of jurisdictional complexity insofar as French colonists were concerned. While native Amerindians, mostly Malecites and Micmawqs, carried their precolonial political order and jurisdictional organisation without almost any interference of the colonial power, imported normative systems derived from feudalism, the Catholic Church, French colonial order, French provincial customs and family organisation were juxtaposed and interacted, each of them were a well-known part of the Western legal tradition. Yet—and this is the most interesting—the state power, which was prevalent …
The Impact Of European Private Law Upon The Mixed Legal Systems Of Cyprus, Nicholas Mouttotos
The Impact Of European Private Law Upon The Mixed Legal Systems Of Cyprus, Nicholas Mouttotos
Journal of Civil Law Studies
This article attempts to examine the impact of European private law upon the legal system of Cyprus taking into account its mixed elements and whether these elements have contributed towards a smooth reception of EU law. While Nikitas Hatzimihail argued in 2013 that it may still be too early to assess the impact of European Union (EU) law upon the legal system of Cyprus, the financial crisis and its effects render such an assessment possible. Building upon Hatzimihail’s work in his effort at understanding a “unique” legal system by using comparative law theory to understand the doctrinal development and elaboration …
Louisiana Civil Code - Code Civil De Louisiane Book Iii, Titles 23–24 - Livre Iii, Titres 23–24, Center Of Civil Law Studies
Louisiana Civil Code - Code Civil De Louisiane Book Iii, Titles 23–24 - Livre Iii, Titres 23–24, Center Of Civil Law Studies
Journal of Civil Law Studies
No abstract provided.
Star Financial Services, Inc. V. Cardtronics Usa, Inc., Nancy A. Maurice
Star Financial Services, Inc. V. Cardtronics Usa, Inc., Nancy A. Maurice
Journal of Civil Law Studies
No abstract provided.
Hazing Laws In Louisiana: Criminal Penalty Masquerading Under The Guise Of Punitive Damages, Brittney Esie
Hazing Laws In Louisiana: Criminal Penalty Masquerading Under The Guise Of Punitive Damages, Brittney Esie
Journal of Civil Law Studies
No abstract provided.