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2018

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Full-Text Articles in Law

A Controversial Transplant? Debate Over The Adaptation Of The Napoleonic Code On The Polish Territories In The Early 19th Century, Michał Gałędek, Anna Klimaszewska Dec 2018

A Controversial Transplant? Debate Over The Adaptation Of The Napoleonic Code On The Polish Territories In The Early 19th Century, Michał Gałędek, Anna Klimaszewska

Journal of Civil Law Studies

This article focuses on the attitude of the Polish legal elite regarding the adaptation of French civil law introduced on the Polish territories in the Duchy of Warsaw, established by Napoleon in 1807. While addressing the Polish example, it underscores the universal nature of problems engendered by legal transfer and by the social reactions to foreign solutions. It sheds light on the state of mind of Polish enlightened elites, on their approach toward new legal instruments and on the challenges of adapting them to the socioeconomic conditions of a semi-peripheral country. The Polish situation in the early 19th century provides ...


Cover, Masthead & Contents Dec 2018

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


Economic Analysis Of The Interaction Between National Legal Systems: A Contribution To The Understanding Of Legal Diversity And Legal Unity, Hugues Bouthinon-Dumas Dec 2018

Economic Analysis Of The Interaction Between National Legal Systems: A Contribution To The Understanding Of Legal Diversity And Legal Unity, Hugues Bouthinon-Dumas

Journal of Civil Law Studies

Scholars increasingly use expressions such as “regulatory com-petition” or even “law market” to illustrate the new global legal system and the rivalry between national laws. This paper scrutinizes the legitimacy of the application of such economic concepts to legal systems’ interactions. An economic analysis could allow us to, more precisely, delimit the factors of convergence (leading to unity) and divergence (leading to diversity) between national legal systems due to competitive strategies (namely differentiation and alignment) and the consequences for the regulation of legal systems’ interactions.


Introductory Essay To The Translation Of The Discourso Preliminar Of Pérez Y López’S Teatro, John W. Cairns Dec 2018

Introductory Essay To The Translation Of The Discourso Preliminar Of Pérez Y López’S Teatro, John W. Cairns

Journal of Civil Law Studies

No abstract provided.


Alchemistic Metaphors In Comparative Law: Mixed Legal Systems, Reception Of Laws And Legal Transplants, Andreas Rahmatian Dec 2018

Alchemistic Metaphors In Comparative Law: Mixed Legal Systems, Reception Of Laws And Legal Transplants, Andreas Rahmatian

Journal of Civil Law Studies

The terms “mixed legal systems” and “legal transplants” are used frequently in comparative law. What they denote exactly, is difficult to ascertain: what does the mixité consist of, what are its ingredients or building blocks; which types of mixité exist, how are legal transplants transformed in the receiving legal system? Comparative lawyers often resort to metaphors when they try to describe and explain these complex phenomena: metaphors from cooking, music, horticulture or biology. Whenever there are mixtures, trans-formations, or transmutations, metaphors from the philosophical concepts of alchemy are at least equally illuminating. This article discusses the different problems of conceptualising ...


Mcgraw V. City Of New Orleans, Marcus D. Sandifer Dec 2018

Mcgraw V. City Of New Orleans, Marcus D. Sandifer

Journal of Civil Law Studies

No abstract provided.


Data Ownership—A Property Rights Approach From A European Perspective, Andreas Boerding, Nicolai Culik, Christian Doepke, Thomas Hoeren, Tim Juelicher, Charlotte Roettgen, Max V. Schoenfeld Dec 2018

Data Ownership—A Property Rights Approach From A European Perspective, Andreas Boerding, Nicolai Culik, Christian Doepke, Thomas Hoeren, Tim Juelicher, Charlotte Roettgen, Max V. Schoenfeld

Journal of Civil Law Studies

Data has become one of the most important resources in post-modern information society. However, European civil law does not reflect this development adequately. In fact, so far, European civil law seems to struggle with handling data as a legal entity. Against this background, the article provides a transnational overview and a comprehensive analysis of the legal situation in Europe. It discusses why data ownership is widely perceived as a problem on this side of the Atlantic and how this perception can be overcome by a fundamental property law approach. Taking into account economic realities, we argue that European property law ...


Translation Of The Preliminary Discourse To The Teatro De La Legislación Universal De España E Indias, H. Barlow Holley Dec 2018

Translation Of The Preliminary Discourse To The Teatro De La Legislación Universal De España E Indias, H. Barlow Holley

Journal of Civil Law Studies

No abstract provided.


Italy - The New Italian Regime For Healthcare Liability And The Role Of Clinical Practice Guidelines: A Dialogue Among Legal Formants, Laura Maria Franciosi Dec 2018

Italy - The New Italian Regime For Healthcare Liability And The Role Of Clinical Practice Guidelines: A Dialogue Among Legal Formants, Laura Maria Franciosi

Journal of Civil Law Studies

No abstract provided.


The State Of Louisiana And The Vermilion Parish School Board V. Louisiana Land And Exploration Company, Kadence Haskett Dec 2018

The State Of Louisiana And The Vermilion Parish School Board V. Louisiana Land And Exploration Company, Kadence Haskett

Journal of Civil Law Studies

No abstract provided.


Complete V.11 No.2 Dec 2018

Complete V.11 No.2

Journal of Civil Law Studies

No abstract provided.


Capanna, M.D. V. Orth, 134 Nev. Adv. Op. 108 (Dec. 27, 2018) (En Banc), Pengxiang Tian Dec 2018

Capanna, M.D. V. Orth, 134 Nev. Adv. Op. 108 (Dec. 27, 2018) (En Banc), Pengxiang Tian

Nevada Supreme Court Summaries

The Court determined that Orth’s counsel violated the golden rule arguments, but opposing party’s substantial rights were not violated. Moreover, the district court’s ruling regarding plaintiff expert’s potential biases did not impose severe limitations on Capanna’s ability to fully cross-examine plaintiff’s expert. Further, the district court did not abuse its discretion when it allowed Orth to supplement expert witness list and the award of attorney fees and costs was within the discretion of the district court. Lastly, Orth lacks standing in challenging the district court’s decision.


Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen Dec 2018

Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen

Nevada Supreme Court Summaries

No abstract provided.


Procedural Compulsory Measures In Civil Cases, Z. Esanova Dec 2018

Procedural Compulsory Measures In Civil Cases, Z. Esanova

Review of law sciences

this article studeis procedural coercion in civil proceedings: the basics, procedures, innovations and their types.


Chances And Prospects Of Implementing Russian Leasing Practice In Uzbekistan, U. Maxmudhodjaeva Dec 2018

Chances And Prospects Of Implementing Russian Leasing Practice In Uzbekistan, U. Maxmudhodjaeva

Review of law sciences

The article analyzes the views and conclusions of the scientists in the field of leasing and outlines the leasing activities in Uzbekistan. It also provides information on leasing experience and its role and vitality in the leasing market, comparative analysis of leasing activity of Uzbekistan, as wella as offers and recommendations for leasing market of Uzbekistan.


Consideration Of Civil Cases Of Child Adoption In The Legislation Of The Republic Of Uzbekistan: Theory And Practice, G.Sh. Atalykova Dec 2018

Consideration Of Civil Cases Of Child Adoption In The Legislation Of The Republic Of Uzbekistan: Theory And Practice, G.Sh. Atalykova

Review of law sciences

The article discusses the theoretical and practical problems of the courts applying the law on adoption cases, the participation of the prosecutor and the guardianship authority, the requirements and basis for the cancellation of adoption.


Perspectives Of Improvement Of The Law Enforcement Practice Of Inheritance Formalization With A Foreign Element In Uzbekistan Based On International Experience, G.U. Akhmedova Dec 2018

Perspectives Of Improvement Of The Law Enforcement Practice Of Inheritance Formalization With A Foreign Element In Uzbekistan Based On International Experience, G.U. Akhmedova

Review of law sciences

The article reflects the actual issues of the modern notary, based on comparative legal analysis of inheritance with existing foreign element; the author examines points of the law application and some aspects of the notary system improvement. According to the analysis of notarial practice in Uzbekistan, the author proposes the recommendations to restructure and improve the notary services in the country.


The Essence Of Conciliation Procedures In The System Of Alternative Dispute Resolution In Civil Proceedings, P.T. Esenbekova Dec 2018

The Essence Of Conciliation Procedures In The System Of Alternative Dispute Resolution In Civil Proceedings, P.T. Esenbekova

Review of law sciences

the article discusses debatable questions about the concept and essence of conciliation procedures in the system of alternative dispute resolution methods in civil proceedings, discusses the phenomenon of conciliation procedures from the point of view of related sciences, in particular conflict management and the theory of the negotiation process.


Some Legal Issues Of Using Artificial Intelligence In Jurisprudence, M.K. Mekhmonov Dec 2018

Some Legal Issues Of Using Artificial Intelligence In Jurisprudence, M.K. Mekhmonov

Review of law sciences

The article discusses the legal issues of using artificial intelligence in jurisprudence. The author analyzes the legislation and law enforcement practice of foreign countries such as the USA, Great Britain, Australia, Russia, Kazakhstan, as well as the resolution of the European Parliament and the WIPO materials on the use of artificial intelligence. The features of the legislation and practice of the Republic of Uzbekistan on the use of artificial intelligence are revealed. In conclusion, the author gives reasonable conclusions on the improvement of legislation in relation to artificial intelligence in jurisprudence.


Civil Law Specifics Of Transactions In E-Commerce, A.A. Yakoenko Dec 2018

Civil Law Specifics Of Transactions In E-Commerce, A.A. Yakoenko

Review of law sciences

the essence and significance of transactions in electronic commerce are characterized, the features and the order of their conclusion are shown, problems and legal conflicts arising during electronic data exchange are revealed


Deprivation Of Parental Rights: Cases And Consequences, M. Baratov Dec 2018

Deprivation Of Parental Rights: Cases And Consequences, M. Baratov

Review of law sciences

the article deals with the conditions of deprivation of parental rights and its legal consequences analyzed with the basis of national legislation.


A Survivor’S Tale: Mcdonnell Douglas In A Post-Nassar World, Joss Teal Dec 2018

A Survivor’S Tale: Mcdonnell Douglas In A Post-Nassar World, Joss Teal

San Diego Law Review

This Comment examines the circuit split that has developed over the application of but-for causation in Title VII retaliation claims. Following a brief look into the traditional requirements of a Title VII retaliation plaintiff, Part II assesses the 2013 Supreme Court holding that established but-for causation as the required causation standard and surveys courts of appeal holdings in its wake. After examining policy considerations and arguments put forward for each position in Part III, this Comment clarifies the misperception that the McDonnell Douglas framework necessarily proves but-for causation. In Part IV, this Comment proposes that the Supreme Court should rectify ...


Trends In Civil Justice Reform: A Canadian Perspective, Poonam Puri, Andrew Nichol Dec 2018

Trends In Civil Justice Reform: A Canadian Perspective, Poonam Puri, Andrew Nichol

Poonam Puri

An effective civil litigation system is essential for the operation of a modern state. Access to civil justice promotes contractual certainty, the efficient resolution of tort claims, and provides an effective mechanism for disciplining private action. In order to promote these values a judicial system must provide timely and cost-effective access to court services, the competent adjudication of legal disputes, and consistent legal outcomes. However, the increased volume and complexity of modern civil litigation has created challenges for the administration of Canadian courts. Consequently, the judicial system is increasingly becoming less accessible to a broad class of individuals and the ...


No.45 - December 2018, Center Of Civil Law Studies Dec 2018

No.45 - December 2018, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files Dec 2018

Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files

St. Mary's Journal on Legal Malpractice & Ethics

Following the 2017 exposure of Harvey Weinstein, the #MeToo movement spread rapidly across social media platforms calling for increased awareness of the prevalence of sexual harassment and assault and demanding change. The widespread use of the hashtag brought attention to the issue and successfully facilitated a much-needed discussion in today’s society. However, this is not the first incident prompting a demand for change.

Efforts to bring awareness and exact change in regards to sexual harassment in the legal profession date back to the 1990s. This demonstrates that the legal profession is not immune from these issues. In fact, at ...


The Unconstitutionality Of The Protecting Access To Care Act Of 2017’S Cap On Noneconomic Damages In Medical Malpractice Cases, Kaeleigh P. Christie Dec 2018

The Unconstitutionality Of The Protecting Access To Care Act Of 2017’S Cap On Noneconomic Damages In Medical Malpractice Cases, Kaeleigh P. Christie

Journal of Legislation

No abstract provided.


Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter Dec 2018

Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter

Dignity: A Journal on Sexual Exploitation and Violence

Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible ...


Cover, Masthead & Contents Nov 2018

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


Germany - 2017: An Eventful Year In German Family Law, Saskia Lettmaier Nov 2018

Germany - 2017: An Eventful Year In German Family Law, Saskia Lettmaier

Journal of Civil Law Studies

No abstract provided.


The Impact Of Harmonized European Private Law And The Acquis Communautaire On Spanish Law, Luz M. Martínez Velencoso Nov 2018

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 ...