Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Law

Small Town Police Forces, Other Governmental Entities And The Misapplication Of The First Amendment To The Small Group Defamation Theory--A Plea For Fundamental Fairness For Mayberry, David A. Elder May 2004

Small Town Police Forces, Other Governmental Entities And The Misapplication Of The First Amendment To The Small Group Defamation Theory--A Plea For Fundamental Fairness For Mayberry, David A. Elder

David A. Elder

No abstract provided.


Toward A Trinitarian Theory Of Products Liability, Amelia J. Uelmen Jan 2004

Toward A Trinitarian Theory Of Products Liability, Amelia J. Uelmen

Amelia J Uelmen

No abstract provided.


Proyecto De Ley Sobre Juicio Por Jurados, Dr Leonardo J. Raznovich Jan 2004

Proyecto De Ley Sobre Juicio Por Jurados, Dr Leonardo J. Raznovich

Dr Leonardo J Raznovich

This article published in Spanish provides with an assessment of a bill sent to the Argentinean Parliament in order to implement trial by jury for serious criminal matters. It also provides with a historical overview of the institution and with some possible explanations why the Argentinean legislator has been reluctant to fulfill the constitutional mandate of implementing trial by jury for all criminal matters (articles 24, 75 (12) and 118 of the Argentinean Constitution).


A Preliminary Analysis Of The Amendments To The Japanese Secured Transaction Law, Wei Zhang Jan 2004

A Preliminary Analysis Of The Amendments To The Japanese Secured Transaction Law, Wei Zhang

Wei Zhang

The collapse of the Japanese asset price bubble in the 90's left a record amount of non-performing loans in the nation's financial system. To tackle this unprecedented crisis, both legal scholars and practitioners in Japan advocated for a series of amendments to its secured transaction law to facilitate the enforcement of mortgages by banks. In this paper, based on the state of the post-bubble real estate finance market, I discussed the major drawbacks of the existing Japanese secured transaction system as it was applied in the real estate arena. I commented on the proposed material amendments to the Japanese secured …


On The Effectiveness Of The Restrictions Governing Life In A Common Interest Community: A Comparative Study Between American And Japanese Law (Japanese Version), Wei Zhang Jan 2004

On The Effectiveness Of The Restrictions Governing Life In A Common Interest Community: A Comparative Study Between American And Japanese Law (Japanese Version), Wei Zhang

Wei Zhang

No abstract provided.


On The Effectiveness Of The Restrictions Governing Life In A Common Interest Community: A Comparative Study Between American And Japanese Law (Chinese Version), Wei Zhang Jan 2004

On The Effectiveness Of The Restrictions Governing Life In A Common Interest Community: A Comparative Study Between American And Japanese Law (Chinese Version), Wei Zhang

Wei Zhang

In this article, I made a comparative study on the laws regulating the restrictions established by developers or among property owners in common interest communities in the U.S. and Japan, as well as the cultural and social backgrounds against which they are created. It appears that similar rules exist in both countries to combat excessive restrictions on life in common interest communities, although the American law treats the ex ante restrictions somewhat differently from the ex post ones. Using a law and economics perspective, I argue that such disparate treatments make good sense given the feasibility of internalizing the effects …


Valuation In Veterinary Malpractice, Rebecca J. Huss Jan 2004

Valuation In Veterinary Malpractice, Rebecca J. Huss

Rebecca J. Huss

This article begins with a description of veterinarians and the status of veterinary malpractice. Next, the article considers the elements and key issues involved in veterinary malpractice. The article then analyzes the current law relating to damages available in veterinary malpractice suits. Finally this paper considers whether the way current damage calculations are being made is apprpriate and advocates the the adoption of statutory provisions allowing capped non-economic damages in these cases.