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Articles 1 - 26 of 26
Full-Text Articles in Law
No.27 - December 2013, Center Of Civil Law Studies
No.27 - December 2013, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
The Sky Is The Limit: Regulating The Next Generation Of Privacy Invasion, Laura Patty
The Sky Is The Limit: Regulating The Next Generation Of Privacy Invasion, Laura Patty
GGU Law Review Blog
No abstract provided.
Qualitative Legal Research: Issues Pertaining To Student Use Of Personal Handheld Technology, Corie Franklin
Qualitative Legal Research: Issues Pertaining To Student Use Of Personal Handheld Technology, Corie Franklin
Doctoral Dissertations and Projects
In an effort to support school leaders in policy development, this research is an evaluation of jurisprudence related to student use of personal handheld devices. The qualitative legal analyses of 15 recent court cases representing both federal and state jurisdictions were analyzed to determine patterns and trends within the decisions of the courts. The researcher sought to identify the following: The way the U.S. courts addressed the balance between students' civil liberties and the interest of school officials in maintaining and operating safe, orderly, efficient, and effective learning environments. The identifiable trends within the legal cases related to student use …
No.26 - September 2013, Center Of Civil Law Studies
No.26 - September 2013, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
The Fixable Flaws Of America's Civil Justice System, James Maxeiner
The Fixable Flaws Of America's Civil Justice System, James Maxeiner
All Faculty Scholarship
No abstract provided.
Prevention And The Pillars Of A Dynamic Theory Of Civil Liability: A Comparative Study On Preventive Remedies, Alexandru-Daniel On
Prevention And The Pillars Of A Dynamic Theory Of Civil Liability: A Comparative Study On Preventive Remedies, Alexandru-Daniel On
Research Papers
The purpose of this study is to draw the coordinates and identify the main vectors for the development of a comprehensive theory of prevention in the law of torts.
No.25 - April 2013, Center Of Civil Law Studies
No.25 - April 2013, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
Capacity And Implementation For Judicial Reforms In Morocco: “Painting A Building That Is Collapsing”, Hally Bert
Capacity And Implementation For Judicial Reforms In Morocco: “Painting A Building That Is Collapsing”, Hally Bert
Independent Study Project (ISP) Collection
Currently in Morocco the country awaits the legitimate implementation of the 2011 assurances of rights and freedoms, an undertaking that would require a great amount of resources, state capacity, and political will. As Morocco changes and policies evolve the nation is balancing tradition with modernity. In terms of the judiciary, reform programs have been heavily funded by the west with the aim of modernizing and amending the entire legal system in Morocco. This means that influence and leadership in reforms has come in part from sources outside of Morocco. Looking at reforms over the last ten years and especially with …
Crime, Survelliance, And Communities, I. Bennett Capers
Crime, Survelliance, And Communities, I. Bennett Capers
Faculty Scholarship
No abstract provided.
The Supreme Court's Theory Of Private Law, Nathan B. Oman, Jason M. Solomon
The Supreme Court's Theory Of Private Law, Nathan B. Oman, Jason M. Solomon
Faculty Publications
In this Article, we revisit the clash between private law and the First Amendment in the Supreme Court’s recent case, Snyder v. Phelps, using a private-law lens. We are scholars who write about private law as individual justice, a perspective that has been lost in recent years but is currently enjoying something of a revival.
Our argument is that the Supreme Court’s theory of private law has led it down a path that has distorted its doctrine in several areas, including the First Amendment–tort clash in Snyder. In areas that range from punitive damages to preemption, the Supreme Court has …
A Diversity Approach To Parenthood In Family Life And Family Law, Linda C. Mcclain
A Diversity Approach To Parenthood In Family Life And Family Law, Linda C. Mcclain
Faculty Scholarship
Extraordinary changes in patterns of family life and family law have dramatically altered the boundaries of parenthood and opened up numerous questions and debates. What is parenthood and why does it matter? How should society define, regulate, and support it? Is parenthood separable from marriage or couplehood when society seeks to foster childrens well-being? What is the better model of parenthood from the perspective of child outcomes? Intense disagreements over the definition and future of marriage often rest upon conflicting convictions about parenthood. What Is Parenthood? asks bold and direct questions about parenthood in contemporary society, and it brings together …
Christopher V. Smithkline Beecham Corporation: An Unsurprising Loss For Pharmaceutical Sales Representatives And An Erosion Of Power For Administrative Agencies, Anna Johnston
Proxy
No abstract provided.
Sanctions: Where Law And Justice Collide: Kraze Entertainment (S) Pte Ltd V Marina Bay Sands Pte Ltd [2013] Sghc 39, Denise Huiwen Wong
Sanctions: Where Law And Justice Collide: Kraze Entertainment (S) Pte Ltd V Marina Bay Sands Pte Ltd [2013] Sghc 39, Denise Huiwen Wong
Research Collection Yong Pung How School Of Law
This is a cautionary tale for litigation practitioners and their claimant clients. The decision emanates from the High Court of Singapore, but is equally applicable to any jurisdiction in which security for costs can be sought against the claimant in an action. In Singapore, the Rules of Court set out the procedural rules governing all civil proceedings in the High Court and Subordinate Courts. Unlike the Civil Procedure Rules (CPR), the Singapore Rules of Court do not expressly articulate an overriding objective of timely and proportionate justice. However, the courts have consistently prioritised robust case management and “an uncompromising but …
Prison Is Prison, Brooke Coleman
Prison Is Prison, Brooke Coleman
Faculty Articles
Two indigent men stand before two separate judges. Both will be sent to prison if they lose their cases. One receives appointed counsel, but the other does not. This discrepancy seems terribly unjust, yet the Supreme Court has no problem with it. It recently affirmed in Turner v. Rogers, that where an indigent individual is subject to criminal charges that can result in incarceration, he has a right to appointed counsel, but where an indigent individual is subject to civil proceedings where incarceration is a consequence, he does not. In other words, criminal and civil proceedings have different rules, and …
Debt And Discipline: Neoliberal Political Economy And The Working Classes, Tayyab Mahmud
Debt And Discipline: Neoliberal Political Economy And The Working Classes, Tayyab Mahmud
Faculty Articles
Over the last three decades, neoliberal restructuring of the economy created a symbiosis of debt and discipline. New legal regimes and strategic use of monetary policy displaced Keynesian welfare, facilitated financialization of the economy, broke the power of organized labor, and expanded debt to sustain aggregate demand. Public laws and policies created a field of possibility within which financial markets extended their reach and brought ever-increasing sections of the working classes and the marginalized within the ambit of the credit economy. Reordered public policies and new norms of personal responsibility demarcated the horizon within which the economically vulnerable pursued strategies …
Mass Torts And Universal Jurisdiction, Vivian Grosswald Curran
Mass Torts And Universal Jurisdiction, Vivian Grosswald Curran
Articles
The technologies of the present era mean that injuries have become more massive in dimension. Mass torts affect greater numbers of people and larger geographical areas. Consequently, they can cross borders, affecting the populations of multiple countries. One of the two mechanisms in tort law for remedying mass catastrophes. restricted to cases involving jus cogens violations (namely, violations of human rights so grave as to be against international customary law, or the "law of nations"), is universal jurisdiction pursuant to the Alien Tort Statute (ATS).
Despite the distinctive official restriction of universal jurisdiction to the criminal law domain in civilian …
Jacques De Werra (Ed.), Research Handbook On Intellectual Property Licensing, Lucie Guibault
Jacques De Werra (Ed.), Research Handbook On Intellectual Property Licensing, Lucie Guibault
Articles, Book Chapters, & Popular Press
In the laws of most jurisdictions in the world, IP licenses are an unnamed form of contract, most often of a hybride nature, for which no specific legal framework exists, save for rare exceptions. As a result, the formation, content and interpretation of IP licences call for the application of relevant norms from numerous other fields of the law, such as contract law, property law, commercial law, consumer law etc. Despite efforts of harmonisation at the international and regional levels, these related areas of the law remain to a large extent nationally determined, influenced by the legal tradition of each …
Abrogating The Witness Immunity Rule: How Fast? How Far?, Robert Currie
Abrogating The Witness Immunity Rule: How Fast? How Far?, Robert Currie
Articles, Book Chapters, & Popular Press
This article examines the current state of the witness immunity rule in Canada (i.e. the rule that individuals, especially experts, are immune from tort actions which might arise from their participation in court proceedings). In light of the UK Supreme Court's modification of the rule in Jones v. Kaney (2011), some proposals are made for restricting the scope of the rule and thus allowing meritorious litigation to proceed in spite of it.
Search Engine Liability For Autocomplete Defamation: Combating The Power Of Suggestion, Michael L. Smith
Search Engine Liability For Autocomplete Defamation: Combating The Power Of Suggestion, Michael L. Smith
Faculty Articles
In September 2012, Bettina Wulff, a former first lady of Germany, sued Google for defamation. Mrs. Wulff's complaint arose from Google's autocomplete function: when Mrs. Wulff's name was entered into the search engine, the search engine automatically suggested terms such as "prostitute" and "red light district." Rumors that Mrs. Wulff was a former prostitute dated back to 2006 when she first met Christian Wulff, her eventual husband and president of Germany from 2010 until his resignation in February 2012. Mrs. Wulff denied the truth of these rumors.
Mrs. Wulff contended that these autocomplete results were defamatory and that they caused …
The Paradoxes Of Restitution, Mark A. Edwards
The Paradoxes Of Restitution, Mark A. Edwards
Faculty Scholarship
Restitution following mass dispossession is often considered both ideal and impossible. Why? This article identifies two previously unnamed paradoxes that undermine the possibility of restitution.
First, both dispossession and restitution depend on the social construction of rights-worthiness. Over time, people once considered unworthy of property rights ‘become’ worthy of them. However, time also corrodes the practicality and moral weight of restitution claims. By the time the dispossessed ‘become’ worthy of property rights, restitution claims are no longer practically or morally viable. This is the time-unworthiness paradox.
Second, restitution claims are undermined by the concept of collective responsibility. People are sometimes …
A Jurisdictional Perspective On New York Times V. Sullivan, Howard M. Wasserman
A Jurisdictional Perspective On New York Times V. Sullivan, Howard M. Wasserman
Faculty Publications
New York Times v. Sullivan, arguably the Supreme Court's most significant First Amendment decision, marks its fiftieth anniversary next year. Often overlooked in discussions of the case's impact on the freedom of speech and freedom of the press is that it arose from a complex puzzle of constitutional, statutory, and judge-made jurisdictional and procedural rules. These kept the case in hostile Alabama state courts for four years and a half-million-dollar judgment before the Times and its civil rights leader co-defendants finally could avail themselves of the structural protections of federal court and Article III judges. The case's outcome and …
In Defense Of "Super Pacs" And Of The First Amendment, Joel Gora
In Defense Of "Super Pacs" And Of The First Amendment, Joel Gora
Faculty Scholarship
No abstract provided.
What's Wrong With Stereotyping?, Anita Bernstein
What's Wrong With Stereotyping?, Anita Bernstein
Faculty Scholarship
No abstract provided.
State Speech And Political Liberalism, Abner S. Greene
State Speech And Political Liberalism, Abner S. Greene
Faculty Scholarship
Jim Fleming and Linda McClain have written an impressive book on the responsible exercise of rights, which flows from prior writing by each.Their title, "Ordered Liberty," is a bit of a misnomer, however. When one thinks of that phrase, one thinks of the ways in which we balance liberty against order, i.e., against security, police power, controlling the excesses of liberty. Responsibility in the exercise of rights is an aspect of how rights are orderly, but the major hard cases involving rights are hard because significant claims of harm are in play. Think of much of constitutional criminal procedure, free …
The Mobility Case For Regionalism, Nestor M. Davidson, Sheila R. Foster
The Mobility Case For Regionalism, Nestor M. Davidson, Sheila R. Foster
Faculty Scholarship
In the discourse of local government law, the idea that a mobile populace can “vote with its feet” has long served as a justification for devolution and decentralization. Tracing to Charles Tiebout’s seminal work in public finance, the legal-structural prescription that follows is that a diversity of independent and empowered local governments can best satisfy the varied preferences of residents metaphorically shopping for bundles of public services, regulatory environment, and tax burden. This localist paradigm generally presumes that fragmented governments are competing for residents within a given metropolitan area. Contemporary patterns of mobility, however, call into question this foundational assumption. …
Liberal Responsibilities, Robin West
Liberal Responsibilities, Robin West
Georgetown Law Faculty Publications and Other Works
This essay is a review of When the State Speaks, What Should it Say?: How Democracies can Protect Expression and Promote Equality by Corey Brettschneider (2012) and Ordered Liberty: Rights, Responsibilities, and Virtues by James E. Fleming & Linda C. McClain (2013).
In a parallel fashion, Fleming and McClain articulate and then defend a general conception of “constitutional liberalism” and its core individual rights against various critics, including communitarians such as Mary Ann Glendon and Michael Sandel, and “minimalists” such as Cass Sunstein and Jeremy Waldron, who argue that for various reasons those individual rights have undermined either civic society …