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Articles 31 - 60 of 220
Full-Text Articles in Law
Dan E. Stigall, The Santillana Codes: The Civil Codes Of Tunisia, Morocco, And Mauritania, Agustín Parise
Dan E. Stigall, The Santillana Codes: The Civil Codes Of Tunisia, Morocco, And Mauritania, Agustín Parise
Journal of Civil Law Studies
No abstract provided.
Canada’S Legal Traditions: Sources Of Unification, Diversification, Or Inspiration?, Rosalie Jukier
Canada’S Legal Traditions: Sources Of Unification, Diversification, Or Inspiration?, Rosalie Jukier
Journal of Civil Law Studies
Quebec, the only province within Canada to follow the civil law tradition, is an ideal microcosm for the study of unity and diversity within legal orders. The question of whether Quebec’s civilian legal tradition should be interpreted and applied so as to be in unity with the common law or, rather, adhere to its own distinct legal culture has pervaded doctrine and jurisprudence for over a century. Inter-estingly, the pendulum has swung widely. Quebec has seen moments when the philosophy of the Supreme Court of Canada was one of unification and harmonization of Quebec law with the common law tradition, …
The Impact Of Harmonized European Private Law And The Acquis Communautaire On Spanish Law, Luz M. Martínez Velencoso
The Impact Of Harmonized European Private Law And The Acquis Communautaire On Spanish Law, Luz M. Martínez Velencoso
Journal of Civil Law Studies
Globalisation has seen the development of a body of autono-mous legal rules of international trade that bridge the gap between the two main legal families (common law and civil law). These new rules focus on the function rather than on the dogmatic origin or legal tradition behind a particular norm or principle. In Europe, there are various texts that harmonize private law and which con-form to this model, such as the PECL, the DCFR or the CESL. Within the European Union, this process of informal and decentral-ized rulemaking has not yet resulted in the enactment of a European Civil Code …
Central America - A First Approach To Tort Liability In The Central American Civil Codes, Claudia María Castro Valle
Central America - A First Approach To Tort Liability In The Central American Civil Codes, Claudia María Castro Valle
Journal of Civil Law Studies
No abstract provided.
Germany - 2017: An Eventful Year In German Family Law, Saskia Lettmaier
Germany - 2017: An Eventful Year In German Family Law, Saskia Lettmaier
Journal of Civil Law Studies
No abstract provided.
Early 20th Century Perceptions Of Civil Law-Common Law Difference: F.L. Joannini’S Spanish-English Civil Code Translations In Context, Seth S. Brostoff
Early 20th Century Perceptions Of Civil Law-Common Law Difference: F.L. Joannini’S Spanish-English Civil Code Translations In Context, Seth S. Brostoff
Journal of Civil Law Studies
The proper method for translating Spanish and Portuguese civil law concepts into English was a topic of debate among civil law scholars and comparatists at the turn of the last century. This article examines the translation approaches of three Americans (Clifford Walton, F.L. Joannini, and Joseph Wheless) who independently translated the Spanish, Colombian, Argentine, and Brazilian Civil Codes during the period 1899-1920. Specifically, Walton’s (1899) Spanish Civil Code translation’s use of common law English is con-trasted with Joannini’s Colombian (1905) and Argentine (1917) Civil Codes translations’ preference for a “civilian” legal lexicon, including substantial borrowing from the special civil law …
Charity Disparity: The Challenge Of Applying Religious Law On Zakāt In The United States, Ahmed E. Taha, Sohaib I. Khan
Charity Disparity: The Challenge Of Applying Religious Law On Zakāt In The United States, Ahmed E. Taha, Sohaib I. Khan
Northwestern Journal of Law & Social Policy
No abstract provided.
Long-Term Preservation Of Public Art: From Cultural Heritage To The Confederacy, Maliha Ikram
Long-Term Preservation Of Public Art: From Cultural Heritage To The Confederacy, Maliha Ikram
Northwestern Journal of Law & Social Policy
No abstract provided.
If An Interpreter Mistranslates In A Courtroom And There Is No Recording, Does Anyone Care?: The Case For Protecting Lep Defendants’ Constitutional Rights, Lisa Santaniello
If An Interpreter Mistranslates In A Courtroom And There Is No Recording, Does Anyone Care?: The Case For Protecting Lep Defendants’ Constitutional Rights, Lisa Santaniello
Northwestern Journal of Law & Social Policy
No abstract provided.
42 U.S.C. § 1981’S Equal Benefit Clause: Debating The Application To Private Actor Discrimination, Lauren Pope
42 U.S.C. § 1981’S Equal Benefit Clause: Debating The Application To Private Actor Discrimination, Lauren Pope
Northwestern Journal of Law & Social Policy
No abstract provided.
Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, Edward Fitzpatrick
Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, Edward Fitzpatrick
Life of the Law School (1993- )
No abstract provided.
Mcgowen V. Second Jud. Dist. Ct., 134 Nev. Adv. Op. 89 (Nov. 21, 2018) (En Banc), Darcy Bower
Mcgowen V. Second Jud. Dist. Ct., 134 Nev. Adv. Op. 89 (Nov. 21, 2018) (En Banc), Darcy Bower
Nevada Supreme Court Summaries
The Court determined that Nevada caselaw and NRCP 4(c) give conflicting opinions on whether an attorney or their employee can serve someone for their client. Moreover, the Court clarified that the purpose of the 2004 amendment to NRCP 4(c) was to mirror FRCP 4(c)(2) to interpret the exclusion of counsel as a “party.”
11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law
11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law
Marine Affairs Institute Conferences, Lectures, and Events
No abstract provided.
Introduction: Reflections On The Future Of Discovery In Civil Cases, Paul W. Grimm
Introduction: Reflections On The Future Of Discovery In Civil Cases, Paul W. Grimm
Vanderbilt Law Review
First, we have a long way to go to educate judges about the benefit of active judicial management of the discovery process and the proportionality requirement. Second, just telling judges to "go forth and actively manage" without showing them concrete ways to do it in realistic case settings is not going to be effective. I am happy to report that thanks to the hard work of Judge Jeremy Fogel, director of the Federal Judicial Center, the educational programs for new and experienced judges alike now include special emphasis on management of the discovery process and the proportionality requirement. And the …
Law School News: Bailey And Kilpatrick Join Rwu School Of Law Board 11/01/2018, Edward Fitzpatrick
Law School News: Bailey And Kilpatrick Join Rwu School Of Law Board 11/01/2018, Edward Fitzpatrick
Life of the Law School (1993- )
No abstract provided.
A Dollar For Your Thoughts: Determining Whether Nominal Damages Prevent An Otherwise Moot Case From Being An Advisory Opinion, Maura B. Grealish
A Dollar For Your Thoughts: Determining Whether Nominal Damages Prevent An Otherwise Moot Case From Being An Advisory Opinion, Maura B. Grealish
Fordham Law Review
This Note examines whether nominal damages should sustain an otherwise moot constitutional claim. A majority of circuit courts have held that a lone claim for nominal damages is sufficient. A minority of circuit courts have determined that nominal damages are insufficient because there is no practical effect in determining such a case. The courts in the minority analogize nominal damages to declaratory judgments and justify their rulings on the basis of judicial economy. This Note proposes that the minority rule is impermissible under current precedent from the U.S. Supreme Court. However, this Note also proposes that the majority rule be …
How We Got Here: A Brief History Of Requester-Pays And Other Incentive Systems To Supplement Judicial Management Of Discovery, E. Donald Elliot
How We Got Here: A Brief History Of Requester-Pays And Other Incentive Systems To Supplement Judicial Management Of Discovery, E. Donald Elliot
Vanderbilt Law Review
Over the last two decades, a mature academic literature has developed about how we might use incentives as a complement to discretionary judicial decisions for controlling civil discovery. Professor Brian Fitzpatrick and the other organizers of the Vanderbilt Law Review "Future of Discovery" Symposium thought it would make sense to start this symposium by summarizing what has been written previously on the subject in the hope that the next time that the rules advisory committee tries again to solve the problem of properly managing discovery, it might benefit from some of this learning.
A Plan For Reforming Federal Pleading, Discovery, And Pretrial Merits Review, David Rosenberg, Anne Brown, Jaehyun Oh, Benjamin Taylor
A Plan For Reforming Federal Pleading, Discovery, And Pretrial Merits Review, David Rosenberg, Anne Brown, Jaehyun Oh, Benjamin Taylor
Vanderbilt Law Review
We propose a fundamental restructuring of the federal civil pretrial process to address its great expense and unreliability in resolving cases on their merits-problems largely attributable to discovery. The proposed reforms establish an affirmative-disclosure mandate that sharply reduces the role of discovery by transferring most of the parties' burden of fully revealing discoverable matter, favorable and unfavorable, to their pleadings. To effectuate the new function for pleadings, the reformed process replaces Rules 12(b)(6), (c), and (f) with pretrial merits review conducted exclusively pursuant to the procedures and standards for summary judgment under Rule 56. Responding parties will be required to …
Aligning Incentives And Cost Allocation In Discovery, Jonathan R. Nash, Joanna Shepherd
Aligning Incentives And Cost Allocation In Discovery, Jonathan R. Nash, Joanna Shepherd
Vanderbilt Law Review
In this Article, we explain that either a rule requiring both parties to share the costs of discovery ("cost-sharing rule") or a rule creating a risk for both parties that they will bear the entire costs of discovery ("cost-shifting rule") would minimize many of the negative incentives that exist under either a strict producer-pays or requester pays rule. Whereas the producer-pays rule creates incentives for excessive discovery because requesters can externalize the costs of requests and use discovery to impose costs on producing parties to force settlement, requesters under a cost-sharing or cost-shifting rule cannot externalize the costs of discovery …
The People's Lawyer: The Role Of Attorney General In The Twenty-First Century, Mark J. Herring
The People's Lawyer: The Role Of Attorney General In The Twenty-First Century, Mark J. Herring
University of Richmond Law Review
For the last five years, it has been my privilege to serve the people as their attorney general. The origin of the position of attorney general can be traced back centuries, but in a world that has become more interconnected, complex, and fast-paced, what does the role of a state attorney general entail in the twenty-first century and beyond? Is the proper role as a diligent but reactive defender of statutes and state agencies, or is there a deeper responsibility that calls for a more proactive and engaged use of its tools and authority? I have found that the job …
Civil Practice And Procedure, Christopher S. Dadak
Civil Practice And Procedure, Christopher S. Dadak
University of Richmond Law Review
This article addresses changes and notable analyses in approximately a year’s worth of Supreme Court of Virginia opinions, passed legislation, and revisions to the Rules of the Supreme Court of Virginia affecting Virginia civil procedure.1 This article is not meant to be all-encompassing, but it does endeavor to capture the highlights of changes or analyses regarding Virginia civil procedure. The opinions discussed throughout this article do not all reflect changes in Virginia jurisprudence on civil procedure. Some address clarifications or reminders from the court on certain issues it has deemed worthy of addressing (and that practitioners continue to raise). The …
Study Group On Immigrant Representation: The First Decade, Robert A. Katzmann
Study Group On Immigrant Representation: The First Decade, Robert A. Katzmann
Fordham Law Review
All of us here have a common goal: ensuring adequate legal representation of the immigrant poor. A courtroom has multiple players with different roles, but all would agree that adequate legal representation of the parties is essential to the fair and effective administration of justice. Deficient representation frustrates the work of courts and ill serves litigants. All too often, and throughout the country, courts that address immigration matters must contend with such a breakdown in legal representation, a crisis of massive proportions with severe, tragic costs to immigrants and their families. For our nation’s immigrants, the urgent need for competent …
Universal Representation, Lindsay Nash
Universal Representation, Lindsay Nash
Fordham Law Review
In an era in which there is little good news for immigrant communities and even holding the line has become an ambitious goal, one progressive project has continued to gain steam: the movement to provide universal representation for noncitizens in removal proceedings. This effort, initially born out of a pilot project in New York City, has generated a host of replication projects throughout the nation and holds the promise of even broader expansion. But as it grows, this effort must confront challenges from within: the sort-of supporters who want to limit this representation system’s coverage in a number of ways, …
Discovery And The Social Benefits Of Private Litigation, Paul Stancil
Discovery And The Social Benefits Of Private Litigation, Paul Stancil
Vanderbilt Law Review
In the era just before the Federal Rules of Civil Procedure went into effect in 1938, federal civil litigation was a different animal.' Although Congress had created several private statutory causes of action before the 1930s,2 the federal civil docket prior to enactment of the Rules consisted primarily of diversity jurisdiction common law cases, labor injunctions and receiverships, and miscellaneous cases brought by the United States, including Prohibition-era "liquor cases" as well as internal revenue and food and drug enforcement. 3 Occasional exceptions notwithstanding, pre-New Deal federal courts hearing private claims functioned primarily as forums for the resolution of discrete, …
Application Of The New "Proportionality" Discovery Rule In Class Actions: Much Ado About Nothing, Robert H. Klonoff
Application Of The New "Proportionality" Discovery Rule In Class Actions: Much Ado About Nothing, Robert H. Klonoff
Vanderbilt Law Review
The "proportionality" amendment to the federal discovery rules, which went into effect on December 1, 2015, was greeted with panic by the plaintiffs' bar (and the academy) and euphoria by the defense bar. Both sides predicted that the impact would be profound and immediate. Some predicted that the impact would be especially great in class actions. To examine whether the predictions have been correct, I have reviewed every published judicial opinion (approximately 135) between December 1, 2015 and April 30, 2018 that applied the new proportionality rule in the class action context. The analysis is necessarily anecdotal rather than empirical. …
Discovery Disclosure And Deterrence, Sergio J. Campos, Cheng Li
Discovery Disclosure And Deterrence, Sergio J. Campos, Cheng Li
Vanderbilt Law Review
Courts, practitioners, and scholars have recently expressed concern over the ex post costs of discovery in civil litigation. In this Article, we develop a game theoretic model of litigant behavior to study an overlooked phenomenon-the ex ante effects of discovery on a defendant's incentive to engage in unlawful conduct. We focus on motions to seal, which limit the disclosure of discovered information to the public, but permit disclosure to the court and parties. Specifically, we examine the effect different rules regarding such motions have in deterring defendants from engaging in unlawful behavior. We show that as a rule becomes more …
Opting Out Of Discovery, Jay Tidmarsh
Opting Out Of Discovery, Jay Tidmarsh
Vanderbilt Law Review
This Article proposes a system in which both parties are provided an opportunity to opt out of discovery. A party who opts out is immunized from dispositive motions, including a motion to dismiss for failure to state a claim or a motion for summary judgment. If neither party opts out of discovery, the parties waive jury-trial rights, thus giving judges the ability to use stronger case-management powers to focus the issues and narrow discovery. If one party opts out of discovery but an opponent does not, the cost of discovery shifts to the opponent. This Article justifies this proposal in …
Seeking Proportional Discovery: The Beginning Of The End Of Procedural Uniformity In Civil Rules, Linda S. Simard
Seeking Proportional Discovery: The Beginning Of The End Of Procedural Uniformity In Civil Rules, Linda S. Simard
Vanderbilt Law Review
After more than two decades of vigorous debate, the original Federal Rules of Civil Procedure became effective on September 16, 1938, and ushered in broad provisions for discovery. The need for discovery, however, was not a central theme of the debates that preceded the original codification. Rather, the proponents of the new rules asserted that the Conformity Act of 1872 created uncertainty regarding the procedure that would apply in federal court. This uncertainty caused unnecessary expense and delay, particularly for interstate corporations that felt compelled to retain specialized counsel in every state. Proponents asserted that adoption of trans-substantive rules of …