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Articles 1 - 17 of 17
Full-Text Articles in Law
What We Are Owed: The Possibilities Of A Civil Law Response To Sexual Injuries, Nathalie Marx
What We Are Owed: The Possibilities Of A Civil Law Response To Sexual Injuries, Nathalie Marx
Scripps Senior Theses
Drawing from philosophical, feminist, and legal frameworks, this thesis aims to reconceptualize our understanding of sexual violations. I suggest that rape and other sexual violations produce injuries unique from other forms of physical violence that must be addressed as an extension of a culture which objectifies, restricts the agency of, and shames women. It is argued that through the ability for survivors to bring a civil claim of negligence against their perpetrators following a sexual injury, pathways for restorative healing and cultural transformation are opened, and a more responsive legal standard for fault is created. This paper responds to theories …
The Unmet Legal Needs Of The Poor In Maine: Is Mandatory Pro Bono The Answer?, Wendy F. Rau
The Unmet Legal Needs Of The Poor In Maine: Is Mandatory Pro Bono The Answer?, Wendy F. Rau
Maine Law Review
In 1989, the Maine Commission on Legal Needs was formed to study the civil legal needs of Maine's poor population and to develop a plan for meeting those needs. Similar projects have been undertaken in a number of other states and by the American Bar Association in recent years. Each study has revealed a significant unmet need among the poor for assistance with legal problems. There seems little doubt that the situation is serious and widespread. The difficulty lies in finding a solution. One proposal that has been advanced is mandatory pro bono, a program that would require attorneys to …
Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang
Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang
St. Mary's Law Journal
As China develops its modern jurisprudence it faces a choice between emulating the legal frameworks of civil law countries or common law countries. Thus far, the civil law path has allowed for a rapid expansion of Chinese tort law, but jurists have found difficulty in applying such generalized statutory schemes with the absence of supporting judicial interpretation. Cognizant of the differences between the public policy of common law countries and China, Vincent Johnson’s Mastering Torts (Měiguó Qīnquán Fǎ) provides this guidance through the lens of American tort law. The hornbook takes care to simplify the role of judicial …
Establishment Of Religion Supreme Court Appellate Division Third Department
Establishment Of Religion Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division
No Quick Fix: The Failure Of Criminal Law And The Promise Of Civil Law Remedies For Domestic Child Sex Trafficking, Charisa Smith
No Quick Fix: The Failure Of Criminal Law And The Promise Of Civil Law Remedies For Domestic Child Sex Trafficking, Charisa Smith
University of Miami Law Review
Pimps and johns who sexually exploit children garner instant public and scholarly outrage for their lust for a destructive “quick fix.” In actuality, many justifiably concerned scholars, policymakers, and members of the public continue to react over-simplistically and reflexively to the issue of child sex trafficking in the United States—also known as commercial sexual exploitation of children (CSEC)—in a manner intellectually akin to immediate gratification. Further, research reveals that the average john is an employed, married male of any given race or ethnicity, suggesting that over-simplification and knee-jerk thinking on CSEC are conspicuous. This Article raises provocative questions that too …
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker
Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker
Roozbeh (Rudy) B. Baker
This Article will survey the new scholarship that has emerged in international law to challenge the two traditional sources of customary norms, state practice and opinio juris. With the recent growth, in the international system, of self-contained international criminal tribunals, new challenges facing international law have emerged. Institutionally structured as self-contained legal regimes, international legal tribunals such as the ICTY, ICTR, and now the ICC have nevertheless contributed to a new paradigm within international law. The jurisprudence of these international criminal tribunals, on a wide range of international legal questions, has slowly begun to be elevated into norms of customary …
Leaving Money On The Table: Contract Practice In A Low-Trust Environment, Ruben Kraiem
Leaving Money On The Table: Contract Practice In A Low-Trust Environment, Ruben Kraiem
ExpressO
Social capital – the level of trust inherent in a society – will affect the contracting practices that are considered standard, practical or fair. These practices in turn will help determine the parties’ positions as they approach their negotiation, how they will communicate, and what terms they will agree in any particular transaction. This is true not only for the small transaction, but also for large and complex deals. As a result, when operating in a low-trust environment, even sophisticated parties (who can bear the costs of tailoring an agreement to their particular case), will be prone to relinquish or …
Aboilishing The Texas Jury Shuffle., Michael M. Gallgher
Aboilishing The Texas Jury Shuffle., Michael M. Gallgher
St. Mary's Law Journal
This Article argues that the Texas Legislature should abolish the jury shuffle and join the other forty-nine states who have already done so. The jury shuffle, when requested, is a procedure which results in a random shuffling of the names of the jury pool members. Texas attorneys currently possess an entirely cost and risk free procedure through which they can discriminate against potential jurors on the basis of race, gender, ethnicity, or anything else that suits their fancy. An attorney can request a jury shuffle without stating a reason and a judge cannot ask why a shuffle was requested or …
The Texas Courts' Adventures In Locating Texas Coastal Boundaries: Redrawing A Line In The Sand: Kenedy Memorial Foundation V. Dewhurst Defining An Exception To Luttes V. State., Thomas M. Murray
St. Mary's Law Journal
Kenedy Memorial Foundation v. Dewhurst determined the boundary of the Laguna Madre by narrowing the scope of the exception found in Luttes v. State. Luttes established the “mean high tide” test (MHHT), which governs lands controlled by civil law. The MHHT determines a boundary by the mean of the high tide without regard to a summer or winter tide. The exception, however, does not require the application of the MHHT in areas in which tidal gauges could not be used accurately. The Laguna Madre is a shallow strip of water, ranging between three and five miles in width, running between …
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
Anglo-American Jurisprudence And Latin America, John Linarelli
Anglo-American Jurisprudence And Latin America, John Linarelli
Scholarly Works
No abstract provided.
Contracting In Mexico: A Legal And Practical Guide To Negotiating And Drafting., Rona R. Mears
Contracting In Mexico: A Legal And Practical Guide To Negotiating And Drafting., Rona R. Mears
St. Mary's Law Journal
This Article is intended as a primer in contracting for the United States attorney counseling clients doing business in Mexico. Thus, this Article begins by surveying the legal foundations of contracting in Mexico. This includes basic contract principles in Mexico’s civil-law system, the distinction between civil and commercial contracts, and procedural formalities applicable to contracts in Mexico. Following the introduction is a discussion of successful contract negotiations in Mexico, including certain cultural factors and Mexican business customs which can affect negotiations. This section includes suggestions for preparing for negotiations and managing the negotiation process to obtain the best result. Next, …
Lawyering And Client Decisionmaking: Informed Consent And The Legal Profession, Mark Spiegel
Lawyering And Client Decisionmaking: Informed Consent And The Legal Profession, Mark Spiegel
Mark Spiegel
In this Article, Professor Spiegel examines the doctrine of informed consent as it relates to the legal profession. The Article first traces the development of the informed-consent doctrine and then considers the extent to which current legal doctrines and professional norms incorporate informed consent between lawyers and their clients. Professor Spiegel suggests that the predominant focus of informed consent is on a lawyer’s power to bind his client vis-à-vis third parties and advocates for the development of an informed-consent doctrine that accounts for the interests of all parties involved. Professor Spiegel concludes with a discussion of the application of his …