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Articles 1 - 30 of 144
Full-Text Articles in Law
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Michael Diathesopoulos
In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …
Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García
Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García
Bruno L. Costantini García
De origen, difundir los diversos esquemas permitidos por la Ley para posibilitar la realización de proyectos con fines inmobiliarios, a efecto de que los núcleos agrarios y sus integrantes se beneficien equitativamente de la urbanización de sus tierras, coadyuvando con ello al desarrollo urbano planificado y ordenado de los centros de población del Estado de Puebla; como consecuencia, impulsar el desarrollo habitacional equilibrado de éste. Eliminar el circulo.- “necesidad de tierra – asentamiento irregular – solución de conflicto”, mediante la planeación socioeconómico de los núcleos agrarios ejidales y comunales, a fin de diseñar un mecanismo eficaz que satisfaga las necesidades …
Torts, Frederick J. Moreau
Torts, Frederick J. Moreau
No.17 - November 2010, Center Of Civil Law Studies
No.17 - November 2010, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore
Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore
University of Richmond Law Review
Despite its widespread and long-standing recognition as a valuable docket-control device, the bifurcation of issues in civil trials has generated considerable debate among legal scholars and judges. The state and federal courts both utilize bifurcation, andthe Supreme Court of Appeals in Virginia recognized the advantages of the procedural device as early as 1915. Nonetheless, authority for the bifurcation of issues in civil trials in Virginia has remained clouded. The Supreme Court of Virginia lifted at least some of the clouds when it decided Allstate Insurance Co. v. Wade, thereby rejecting the position taken in an amicus curiae brief filed …
Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod
Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod
University of Richmond Law Review
This article surveys recent significant developments in Virginia civil practice and procedure. Specifically, the article discusses opinions of the Supreme Court of Virginia from June 2009 through April 2010 addressing civil procedure; significant amendments to the Rules of the Supreme Court of Virginia made during the same period; and legislation enacted by the Virginia GeneralAssembly during its 2010 session relating to civil practice.
Introduction: Civil Legal Representation, Lisa E. Brodoff
Introduction: Civil Legal Representation, Lisa E. Brodoff
Seattle Journal for Social Justice
No abstract provided.
Filiación Y Reproducción Asistida, Enrique Varsi Dr.
Filiación Y Reproducción Asistida, Enrique Varsi Dr.
Enrique Varsi Rospigliosi
No abstract provided.
Torts, John A. Gorfinkel
Torts, John A. Gorfinkel
Cal Law Trends and Developments
"Torts" has become a convenient label for a wide variety of wrongs redressed through civil litigation. During the year being reviewed, the California courts touched on almost every conceivable phase of this subject. However, the space allotted does not permit even a cursory treatment of all the decisions that might be regarded as pertinent or significant. The discussion which follows is therefore limited and, in so limiting it, we have tried to emphasize those areas where the decisions indicate either that change may be taking place, or is needed.
Family Ties Or Criminal Contacts: A Case For The Appointment Of Counsel In Civil Gang Injunction Proceedings That Affect Family Relationships, Alexander Jones
Family Ties Or Criminal Contacts: A Case For The Appointment Of Counsel In Civil Gang Injunction Proceedings That Affect Family Relationships, Alexander Jones
Golden Gate University Law Review
This comment argues that when an individual is targeted by a civil gang injunction that interferes with that individual's family relationships, due process requires the appointment of counsel for that individual. This comment does not argue that civil gang injunctions should be prohibited, or even that civil gang injunctions should not be able to enjoin family members from seeing each other in public. Part I discusses the problem of gangs and how civil gang injunctions have emerged to combat them. Part II explores factors considered for the appointment of counsel in civil cases and why family relationships put a personal …
Keeping Bad Science Out Of The Courtroom: Why Post-Daubert Courts Are Correct In Excluding Opinions Based On Animal Studies From Birth-Defects Cases, Dije Ndreu
Golden Gate University Law Review
This Comment argues that courts should keep animal studies out of the courtroom in birth-defects toxic-torts cases. This will not only result in proper exclusion of unreliable evidence, but will also lead to valuable resources being directed to more worthy alternative tests, ultimately reducing human and animal suffering as birth defects are eradicated. Part I sets forth the evidentiary standards used to determine the admissibility of evidence and then presents background information on birth defects and how they are studied. It also discusses the problems inherent with animal tests and the contrasting value of human data. Part II explores the …
Property, War Objectives, And Slave Labor Claims: The Ninth Circuit's Political Question Analysis In Alperin V. Vatican Bank, Reuben Hart
Golden Gate University Law Review
This Note will analyze the Ninth Circuit's decision in Alperin v. Vatican Bank, and propose that while the court's demarcation between property claims and war objectives claims may be a sound analytical method for addressing political question doctrine issues, the slave labor claims should not have been excluded from the scope of the property claims.
No.16 - October 2010, Center Of Civil Law Studies
No.16 - October 2010, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
La Prescripción Adquisitiva De Dominio, David García
La Prescripción Adquisitiva De Dominio, David García
David García
No abstract provided.
Civil Judicial Subsidy, Brendan S. Maher
Presidential Leadership And Civil Rights Lawyering In The Era Before Brown, Lynda G. Dodd
Presidential Leadership And Civil Rights Lawyering In The Era Before Brown, Lynda G. Dodd
Indiana Law Journal
No abstract provided.
What Is Civil Justice, Jason M. Solomon
What Is Civil Justice, Jason M. Solomon
Faculty Publications
This Article first explores the meaning of the term “civil justice” as it is used in both academic and popular discourse. It then examines the idea of civil justice by looking at three key examples: (1) the U.S. tort system (specifically governing auto accidents); (2) the no-fault regimes of New Zealand, U.S. workers’ compensation, and the 9/11 Victim Compensation Fund; and (3) the phenomenon of apologies, instead of compensation, as remedies in medical malpractice cases. The Article concludes that an important component of civil justice is the ability of a person to hold accountable one who has wronged her.
The State-In-Society Approach To Democratization With Examples From Japan, Mary Alice Haddad
The State-In-Society Approach To Democratization With Examples From Japan, Mary Alice Haddad
Mary Alice Haddad
How does an undemocratic country create democratic institutions and transform its polity in such a way that democratic values and practices become integral parts of its political culture? This article uses the case of Japan to advocate for a new theoretical approach to the study of democratization. In particular, it examines how theoretical models based on the European and North American experiences have difficulty explaining the process of democratization in Japan, and argues that a state-in-society approach is better suited to explaining the democratization process diverse cultural contexts. Taking a bottom-up view of recent developments in Japanese civil society through …
Sticks And Stones May Break Your Bones ... But Words May Break The Bank: Monetary Damages For 'True Threats' And The Future Of Free Speech After Planned Parenthood Of The Columbia/Willamette V. American Coalition Of Life Activists, Randall D. Nicholson
Golden Gate University Law Review
This Note is divided into five parts. Part I introduces the plaintiffs and defendants in Planned Parenthood and provides a detailed description of the content of the posters as well as the other evidence used to find the defendants liable for threatening speech. Part II presents a brief description of the details of, and impetus for, the enactment of the Freedom of Access to Clinic Entrances Act ("FACE"), as the act provides the basis for liability. To highlight that the majority's position in Planned Parenthood did not comport with current First Amendment jurisprudence, Part III analyzes the major decisions handed …
Internet Publications And Defamation: Why The Single Publication Rule Should Not Apply, Odelia Braun
Internet Publications And Defamation: Why The Single Publication Rule Should Not Apply, Odelia Braun
Golden Gate University Law Review
This vast use of the Internet changes the scope of harm associated with defamation. Communications on the Internet are more pervasive than print. For this reason, they have tremendous power to damage a person's reputation. Once a message enters cyberspace, millions of people worldwide can gain access to it. Any posted message or report can be republished by printing, or more commonly, by forwarding it instantly to a different location, leading to potentially endless replication. The power to defame others over the Internet is extraordinary.
Opening The Door To The Past: Recognizing The Privacy Rights Of Adult Adoptees And Birthparents In California's Sealed Adoption Records While Facilitating The Quest For Personal Origin And Belonging, Kathleen Caswell
Golden Gate University Law Review
This Comment urges that under California law, both adoptees and birthparents should have recognized constitutional rights to privacy in the information contained in court adoption files and original birth certificates. Part I examines the history of sealed adoption records in the United States and in California and how the social forces of the time contributed to the sealing of previously open records. Part II discusses the need for legislative reform by examining policy arguments supporting open records. Part III examines constitutional rights of privacy under the United States and California Constitutions respecting both birthparents and adoptees. Part IV argues that …
The Silent Minority Within A Minority: Focusing On The Needs Of Gay Youth In Our Public Schools, Kelli K. Armstrong
The Silent Minority Within A Minority: Focusing On The Needs Of Gay Youth In Our Public Schools, Kelli K. Armstrong
Golden Gate University Law Review
This article will consider the failure of our education system to truly deal with issues concerning sexuality and sexual orientation, the problems gay and lesbian teens face because of the system's silence, and the response of organizations and politicians to teen homosexuality. Part three will address some of the more successful programs which have been developed to meet the needs of teens dealing with homosexuality. Finally, part four will conclude by arguing for the implementation of comprehensive sexuality education and the enactment of legislation to deal with the needs and problems facing gay and lesbian teens in our public schools.
Contracting For Cohabitation: Adapting The California Statutory Marital Contract To Life Partnership Agreements Between Lesbian, Gay Or Unmarried Heterosexual Couples, Brooke Oliver
Golden Gate University Law Review
Nearly 450 California statutes deal with rights, duties and privileges associated with heterosexual marriage, either in the statute itself or in its interpretation as reflected by annotations" These rights, duties and privileges comprise the California civil marital contract. The primary focus of this article is to distill, from all the rights, duties and privileges of that civil marital contract, most of those which may be incorporated into contracts between cohabiting adults. Statutes which do not lend themselves to inclusion in a contract between private parties have been excluded. This checklist will help legal practitioners provide accurate and comprehensive advice to …
Torts - Waits V. Frito-Lay, Inc.: Ninth Circuit Reaffirms Viability Of Voice Misappropriation As A California Tort, Cynthia M. Judy
Torts - Waits V. Frito-Lay, Inc.: Ninth Circuit Reaffirms Viability Of Voice Misappropriation As A California Tort, Cynthia M. Judy
Golden Gate University Law Review
In Waits v. Frito-Lay, the Ninth Circuit Court of Appeals affirmed a celebrity's right to protect a distinctive voice from commercial misappropriation and upheld the viability of voice misappropriation as a tort in California. The court upheld awards of compensatory and punitive damages, and also affirmed that Waits had standing to sue the defendants for false endorsement.
Torts - White V. Samsung Electronics America, Inc.: The Wheels Of Justice Take An Unfortunate Turn, John F. Hyland, Ted C. Lindquist Iii
Torts - White V. Samsung Electronics America, Inc.: The Wheels Of Justice Take An Unfortunate Turn, John F. Hyland, Ted C. Lindquist Iii
Golden Gate University Law Review
No abstract provided.
Torts - Cheh-Cheng Wang Ex Rel. The United States Of America V. Fmc Corp.: False Claims Act Bar May Be Overturned By Pending Legislation, Cem Kaner Ph.D.
Torts - Cheh-Cheng Wang Ex Rel. The United States Of America V. Fmc Corp.: False Claims Act Bar May Be Overturned By Pending Legislation, Cem Kaner Ph.D.
Golden Gate University Law Review
In Wang ex rel. The United States v. FMC Corp. the Ninth Circuit held that a private individual (a qui tam plaintiff) cannot base a suit on behalf of the government under the False Claims Act on publicly known information unless she played a role in making the allegations public. In doing so, the court affirmed dismissal of a suit brought by an engineer who had direct and independent knowledge of the information underlying the allegations. The court stated that "[q]ui tam suits are meant to encourage insiders privy to a fraud on the government to blow the whistle on …
Torts - Newton V. National Broadcasting Co., Inc.: Evidence Of Actual Malice, The Editorial Process And The Mafia In Public Figure Defamation Law, Rod M. Fliegel
Golden Gate University Law Review
No abstract provided.
Tort Remedies For Incestuous Abuse, Margaret J. Allen
Tort Remedies For Incestuous Abuse, Margaret J. Allen
Golden Gate University Law Review
This Comment explores the problem of incestuous abuse between father and daughter, traditional tort theories available to the incest victim/survivor, defenses fathers might raise, and the availability of punitive damages to the incest victim/survivor.
Beyond The Dalkon Shield: Proving Causation Against Iud Manufacturers For Pid Related Injury, Leslie Ellen Tick
Beyond The Dalkon Shield: Proving Causation Against Iud Manufacturers For Pid Related Injury, Leslie Ellen Tick
Golden Gate University Law Review
Intrauterine devices (IUDs)! have been linked to a wide variety of injuries to women, ranging from severe cramping, to spontaneous abortion, to sterility, to death. This Comment will focus on the problem of proving that scarring of the fallopian tubes, resulting in sterility or partial sterility, is causally linked to use of the IUD, and therefore, a provable element in a plaintiff's cause of action against a manufacturer for such injuries.