Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (20)
- University of Georgia School of Law (8)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Boston University School of Law (3)
- SelectedWorks (3)
-
- Barry University School of Law (2)
- Chicago-Kent College of Law (2)
- Georgia State University College of Law (2)
- Seattle University School of Law (2)
- Singapore Management University (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- Columbia Law School (1)
- Cornell University Law School (1)
- Duke Law (1)
- Osgoode Hall Law School of York University (1)
- The Catholic University of America, Columbus School of Law (1)
- The Peter A. Allard School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Michigan Law School (1)
- University of New Hampshire (1)
- University of Pennsylvania Carey Law School (1)
- University of Pittsburgh School of Law (1)
- University of Richmond (1)
- University of Tennessee, Knoxville (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Common law (15)
- Common Law (3)
- Constitution (3)
- Constitutional Law (3)
- Contract Law (3)
-
- Insurance law (3)
- Legal transplant (3)
- Property (3)
- Property Law (3)
- Railbanking (3)
- Singapore (3)
- Alan Watson (2)
- Alien Tort Statute (2)
- American Law Institute (2)
- Canada (2)
- Citation (2)
- Civil law (2)
- Contracts (2)
- Empirical legal study (2)
- Extrinsic evidence (2)
- Federal common law (2)
- Law reform (2)
- Precedent (2)
- Regulation (2)
- Selected Professional Activities (2)
- Strict liability (2)
- Torts (2)
- William E. Nelson (2)
- 2013 (1)
- 28 U.S.C. §1331 (1)
- Publication
-
- Faculty Scholarship (8)
- Georgia Journal of International & Comparative Law (8)
- Danaya C. Wright (4)
- Nevada Supreme Court Summaries (3)
- Chicago-Kent Law Review (2)
-
- E. Joan Blum (2)
- Georgia State University Law Review (2)
- Luis González Vaqué (2)
- Research Collection Yong Pung How School Of Law (2)
- Seattle University Law Review (2)
- Touro Law Review (2)
- All Faculty Publications (1)
- All Faculty Scholarship (1)
- Allen Mendenhall (1)
- Book Chapters (1)
- Brian M McCall (1)
- Catholic University Law Review (1)
- Chancellor’s Honors Program Projects (1)
- Christopher Chao-hung CHEN (1)
- Christopher Chao-hung Chen (1)
- Cornell Law Faculty Publications (1)
- Daniel Echaiz Moreno (1)
- Donald J. Kochan (1)
- James L. Kainen (1)
- John F. Stinneford (1)
- Jonathan Todres (1)
- Julian C. Juergensmeyer (1)
- Kevin M. Clermont (1)
- Law Student Publications (1)
- Mohamed Raffa Dr. (1)
- Publication Type
- File Type
Articles 1 - 30 of 64
Full-Text Articles in Law
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
A Comparative View Of Standards Of Proof, Kevin M. Clermont, Emily Sherwin
A Comparative View Of Standards Of Proof, Kevin M. Clermont, Emily Sherwin
Kevin M. Clermont
In common-law systems, the standard of proof for ordinary civil cases requires the party who bears the burden of proof to establish by a preponderance of the evidence that the facts alleged are true. In contrast, the prevailing standard of proof for civil cases in civil-law systems is indistinguishable from the standard for criminal cases: the judge must be firmly convinced that the facts alleged are true. This striking difference in common-law and civil-law procedures has received very little attention from either civilian or comparative scholars. The preponderance standard applied in common-law systems is openly probabilistic and produces, on average, …
Summary Of Nevada Ass’N. Servs. V. Eighth Jud. Dist., 130 Nev. Adv. Op. 94, Michael Valiente
Summary Of Nevada Ass’N. Servs. V. Eighth Jud. Dist., 130 Nev. Adv. Op. 94, Michael Valiente
Nevada Supreme Court Summaries
The voluntary payment doctrine provides an affirmative defense to a claim for the recovery of money that a plaintiff voluntarily paid. The duress/coercion exception to the voluntary payment doctrine requires the plaintiff show no reasonable alternative to payment existed. Additionally, the defense of property exception requires the plaintiff show an imminent risk of losing the property.
Punishment Without Culpability, John F. Stinneford
Punishment Without Culpability, John F. Stinneford
John F. Stinneford
For more than half a century, academic commentators have criticized the Supreme Court for failing to articulate a substantive constitutional conception of criminal law. Although the Court enforces various procedural protections that the Constitution provides for criminal defendants, it has left the question of what a crime is purely to the discretion of the legislature. This failure has permitted legislatures to evade the Constitution’s procedural protections by reclassifying crimes as civil causes of action, eliminating key elements (such as mens rea) or reclassifying them as defenses or sentencing factors, and authorizing severe punishments for crimes traditionally considered relatively minor. The …
Eminent Domain, Exactions, And Railbanking: Can Recreational Trails Survive The Court’S Fifth Amendment Takings Jurisprudence, Danaya C. Wright
Eminent Domain, Exactions, And Railbanking: Can Recreational Trails Survive The Court’S Fifth Amendment Takings Jurisprudence, Danaya C. Wright
Danaya C. Wright
This article attempts to locate the legal aspects of recreational trail development within the increasingly powerful property rights movement. The most complex result of this rising property rights rhetoric is a clear shift in constitutional takings doctrine to be more sympathetic to landowners' arguments. Thus, the interplay of takings decisions and trails development will be the focus of most of this article. Part II provides a brief account of the legal structure of governmental land use controls and the current state of takings jurisprudence to form a basic background for the different ways in which recreational trails have been developed. …
Pipes, Wires, And Bicycles: Rails-To-Trails, Utility Licenses, And The Shifting Scope Of Railroad Easements From The Nineteenth To The Twenty-First Centuries, Danaya Wright, Jeffrey Hester
Pipes, Wires, And Bicycles: Rails-To-Trails, Utility Licenses, And The Shifting Scope Of Railroad Easements From The Nineteenth To The Twenty-First Centuries, Danaya Wright, Jeffrey Hester
Danaya C. Wright
This Article responds to a series of class action suits filed against railroads, telecommunication companies, and the federal government claiming that once railroads abandon their corridors, all property rights shift to adjacent landowners. This Article reviews the state law on this matter and offers a theory of how courts should handle these cases. After discussing the history of nineteenth-century railroad land acquisition practices, we analyze the scope of the easement limited for railroad purposes. We then discuss the role abandonment plays in affecting the rights of third party users of these corridors as well as successor trail owners. We conclude …
The Crisis Of Child Custody: A History Of The Birth Of Family Law In England, Danaya Wright
The Crisis Of Child Custody: A History Of The Birth Of Family Law In England, Danaya Wright
Danaya C. Wright
This article attempts to show that the inter-spousal custody cases of the nineteenth century created such a crisis in equity that they eventually demanded a new court structure and a new set of legal doctrines. The custody cases posed such a profound threat to the stability and authority of the Chancery courts that within fifty years an entirely new court system was required. That court system combined the tripartite jurisdictions of the law, equity, and ecclesiastical courts in matrimonial matters. While many scholars and historians have applauded that moment, I would suggest that the new court was merely a way …
The Shifting Sands Of Property Rights, Federal Railroad Grants, And Economic History: Hash V. United States And The Threat To Rail-Trail Conversions, Danaya C. Wright
The Shifting Sands Of Property Rights, Federal Railroad Grants, And Economic History: Hash V. United States And The Threat To Rail-Trail Conversions, Danaya C. Wright
Danaya C. Wright
This Article is an analysis of a federal circuit case from 2005 that has spawned some disturbing precedents in the area of federal transportation and railbanking policy. Specifically, the National Trails System Act (NTSA) provides a mechanism for preserving unused railroad corridors for future reactivation while allowing interim recreational trail and mixed utiity use along the corridor. Converting rail corridors to recreational trails is a very popular process and communities across the country are demanding more and more conversions, as people seek the amenities of linear parks and greenways. Hash v. United States, however, deals with the property rights underlying …
Emerging Limitations On The Rights Of The Child: The U.N. Convention On The Rights Of The Child And Its Early Case Law, Jonathan Todres
Emerging Limitations On The Rights Of The Child: The U.N. Convention On The Rights Of The Child And Its Early Case Law, Jonathan Todres
Jonathan Todres
No abstract provided.
Common Law Remedies And Protection Of The Environment, Julian C. Juergensmeyer
Common Law Remedies And Protection Of The Environment, Julian C. Juergensmeyer
Julian C. Juergensmeyer
No abstract provided.
Fashioning A General Common Law For Employment In An Age Of Statutes, Michael C. Harper
Fashioning A General Common Law For Employment In An Age Of Statutes, Michael C. Harper
Faculty Scholarship
In the current post-Erie age of statutes the Supreme Court continues to have potential influence over the development of a “general” common law used to decide recurring issues governed by state law. This influence, which has drawn little commentary, derives from the Court’s authority to consider analogous issues when filling gaps in federal statutes, sometimes through express reliance on general common law. The influence is through the power to persuade, like that of the federal judiciary in its general common lawmaking age of Swift, rather than through the power to command, like that of the federal judiciary in the formulation …
A Comparative Study Of The Distribution Of Ownership Rights In Property In An Apartment Or Condominium Scheme In Common Law, Civil Law And Mixed Law Systems, C.G. Van Der Merwe
A Comparative Study Of The Distribution Of Ownership Rights In Property In An Apartment Or Condominium Scheme In Common Law, Civil Law And Mixed Law Systems, C.G. Van Der Merwe
Georgia Journal of International & Comparative Law
No abstract provided.
What Is In A Name: Why The European Same-Sex Partnership Acts Create A Valid Marital Relationship, Edward Brumby
What Is In A Name: Why The European Same-Sex Partnership Acts Create A Valid Marital Relationship, Edward Brumby
Georgia Journal of International & Comparative Law
No abstract provided.
Subordinate Or Independent, Status Or Contract, Clarity Or Circularity: British Employment Law, American Implications, Harry Hutchison
Subordinate Or Independent, Status Or Contract, Clarity Or Circularity: British Employment Law, American Implications, Harry Hutchison
Georgia Journal of International & Comparative Law
No abstract provided.
The Parol Evidence Rule: A Comparative Study Of The Common Law, The Civil Law Tradition, And Lex Mercatoria, Alberto Luis Zuppi
The Parol Evidence Rule: A Comparative Study Of The Common Law, The Civil Law Tradition, And Lex Mercatoria, Alberto Luis Zuppi
Georgia Journal of International & Comparative Law
No abstract provided.
Rethinking Constitutional Review In America And The Commonwealth: Judicial Protection Of Human Rights In The Common Law World, Po Jen Yap
Georgia Journal of International & Comparative Law
No abstract provided.
Qualified Immunity And Statutory Interpretation, Ilan Wurman
Qualified Immunity And Statutory Interpretation, Ilan Wurman
Seattle University Law Review
Before the 1989 case of Graham v. Connor, excessive force cases were pursued under either state law or the insuperable “shocks the conscience” test of the Fourteenth Amendment. Only after Graham did excessive force cases—now under the Fourth Amendment and 42 U.S.C. § 1983—inundate the federal courts, which had by then granted far-reaching immunities to officers for their constitutional torts. As a result of federal qualified immunity doctrine, which many states have adopted for themselves, excessive force cases rarely get to trial, plaintiffs often cannot recover, and courts struggle to find principled distinctions from one qualified immunity case to the …
Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner
Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner
Georgia Journal of International & Comparative Law
No abstract provided.
A Funhouse Mirror Of Law: The Entailment In Jane Austen's Pride And Prejudice, Peter A. Appel
A Funhouse Mirror Of Law: The Entailment In Jane Austen's Pride And Prejudice, Peter A. Appel
Georgia Journal of International & Comparative Law
No abstract provided.
Derecho Y Empresas Familiares, Daniel Echaiz Moreno
Derecho Y Empresas Familiares, Daniel Echaiz Moreno
Daniel Echaiz Moreno
No abstract provided.
Dynamic Common Law And Technological Change: The Classification Of Bitcoin, Shawn Bayern
Dynamic Common Law And Technological Change: The Classification Of Bitcoin, Shawn Bayern
Washington and Lee Law Review Online
Most legal analysis of Bitcoin has addressed public-law and regulatory matters, such as taxation, securities regulation, and money laundering. This essay considers some questions that Bitcoin raises from a private-law perspective, and it aims to show that technological innovation may highlight problems with conceptualistic, classical rules of private law.
Summary Of Greenberg Traurig, Llp V. Frias Holding Company, 130 Nev. Adv. Op. 67, Tom Stewart
Summary Of Greenberg Traurig, Llp V. Frias Holding Company, 130 Nev. Adv. Op. 67, Tom Stewart
Nevada Supreme Court Summaries
The Court adopted an exception to the common law litigation privilege for legal malpractice and professional negligence actions. A client can pursue malpractice and professional negligence actions against an attorney, and support those actions with communications made in the course of litigation.
Case For A Constitutional Definition Of Hearsay: Requiring Confrontation Of Testimonial, Nonassertive Conduct And Statements Admitted To Explain An Unchallenged Investigation, The , James L. Kainen
James L. Kainen
Crawford v. Washington’s historical approach to the confrontation clause establishes that testimonial hearsay inadmissible without confrontation at the founding is similarly inadmissible today, despite whether it fits a subsequently developed hearsay exception. Consequently, the requirement of confrontation depends upon whether an out-of-court statement is hearsay, testimonial, and, if so, whether it was nonetheless admissible without confrontation at the founding. A substantial literature has developed about whether hearsay statements are testimonial or were, like dying declarations, otherwise admissible at the founding. In contrast, this article focuses on the first question – whether statements are hearsay – which scholars have thus far …
Summary Of State V. White, 130 Nev. Adv. Op. 56, Michael Bowman
Summary Of State V. White, 130 Nev. Adv. Op. 56, Michael Bowman
Nevada Supreme Court Summaries
The Court determined whether a person could burglarize his or her own home.
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
Touro Law Review
No abstract provided.
Following English Footsteps? An Empirical Study Of Singapore's Reported Insurance Judgments And Disputes Between 1965 And 2012, Christopher Chao-Hung Chen
Following English Footsteps? An Empirical Study Of Singapore's Reported Insurance Judgments And Disputes Between 1965 And 2012, Christopher Chao-Hung Chen
Christopher Chao-hung Chen
This article presents an empirical study of the development of Singapore’s insurance contract law in relation to English law. The gene of Singapore’s insurance law is very English. The empirical data show a lack of momentum in driving insurance law forward by case law. This may justify further legislative reform to address not only the known doctrinal issues inherited from English law but also the specific problems facing consumer insurance. Singapore’s competitiveness in the global insurance market will be an instrumental factor to determine how far Singapore continues to follow English law in the future.
Measuring The Transplantation Of English Commercial Law In A Small Jurisdiction: An Empirical Study Of Singapore’S Insurance Judgments Between 1965 And 2012, Christopher Chen
Measuring The Transplantation Of English Commercial Law In A Small Jurisdiction: An Empirical Study Of Singapore’S Insurance Judgments Between 1965 And 2012, Christopher Chen
Christopher Chao-hung CHEN
This article seeks to measure the development of law after transplanting common law and statutes from another country by conducting an empirical study of the citation of precedents and demography of disputes of insurance cases in Singapore. This article recognizes that there are justifications for Singapore to transplant English insurance law. However, this research shows that the transplantation of English commercial law into a small jurisdiction, even within the common law family, may cause the law to be in a static state if courts do not have enough cases to maintain the development of law or to consider new development …
Changing Tides: The Introduction Of Punitive Damages Into The French Legal System, Matthew K.J. Parker
Changing Tides: The Introduction Of Punitive Damages Into The French Legal System, Matthew K.J. Parker
Georgia Journal of International & Comparative Law
No abstract provided.
Americanization Of The Common Law: The Intellectual Migration Meets The Great Migration, David Thomas Konig
Americanization Of The Common Law: The Intellectual Migration Meets The Great Migration, David Thomas Konig
Chicago-Kent Law Review
This essay is an appreciation of William E. Nelson’s Americanization of the Common Law: The Impact of Legal Change on Massachusetts Society, 1760–1830 (1975) and the complementary study published six years later as Dispute and Conflict Resolution in Plymouth County, Massachusetts, 1725–1825 (1981). The essay places Nelson’s research project in the immediate context of historical writing on colonial New England at the time of their publication but steps back from that narrow context to identify the significance of the book in the long trajectory of great legal historical writing on the Anglo-American legal tradition.
Law For The Empire: The Common Law In Colonial America And The Problem Of Legal Diversity, Lauren Benton, Kathryn Walker
Law For The Empire: The Common Law In Colonial America And The Problem Of Legal Diversity, Lauren Benton, Kathryn Walker
Chicago-Kent Law Review
In laboring to uncover the legal origins of the American Revolution, historians of law in early America often separated the field from the comparative legal history of empires. William E. Nelson does not explicitly set out to place American colonial legal history in a global context in The Common Law in Colonial America. But in analyzing legal diversity and identifying elements of early legal convergence, Nelson does address key questions within the comparative history of empire and law. This article surveys Nelson’s contributions and places them alongside two other approaches to the study of colonial legal diversity and the constitution …