Law Commons^™

General Rules For Contract Deviation For Sale Ownership, Mohamad Ali Ali Yousefkhani Mr

Mohamad Ali Ali Yousefkhani

Abstract Sale submission to vendor and price payment by buyer generally shows just the explicit and implied will of both parties and their loyalty to their own legal commitments. For that reason, chronological ownership comes to be true in private contacts, in which vendor holding the completely discretionary by sending the object of sale by post, third party or his legal representative, provides buyer with complete discretionary for the object. For this reason, contract holds the ownership face when sale really submitted to the buyer and vender pays the price completely. When the whole object contract matters, vendor has the …

Law: A Strategic Tool For Social Engineering, Oluwaseun Ojo

Oluwaseun Viyon Ojo

The crux of this paper is to examine and accentuate on the fact that the law is a strategic and procedural tool for the engineering and orchestration of the society to meet its various ends.

Contractual Option Interests And Capital Gains Tax In Nigeria, Dr Obayemi K. Olumide, Oluwaseun Viyon Ojo, Tobi Michael Babalola

Oluwaseun Viyon Ojo

Capital gains are the profits realized from the sale of chargeable assets at a price which exceeds and is higher than the purchase price, and so, when a capital asset is sold, the difference between the cost price (purchase price, including acquisition costs) and the sales price (selling costs) is a capital gain or a capital loss, because a taxpayer realizes a capital gain if sales price is higher than cost of sale, while the reverse is the case for a capital loss. While substantial revenue can be realized from capital gains tax (CGT), there are challenges facing CGT in …

Shedding The Uniform: Beyond A "Uniform System Of Citation" To A More Efficient Fit, Susie Salmon

Susie Salmon

This article brings a fresh perspective to the ongoing conversation about legal citation format: By highlighting the costs that the fetishization of "perfect" citation format imposes on legal education, the legal profession, and our system of justice, this article encourages us to seize the opportunity that technology presents to implement a more just, sane philosophy of legal citation. Tracing the history of legal citation from its origins in Rome, this article thoroughly debunks any notions of one citation manual's inherent superiority as a citation tool and instead suggests a return to first principles: an approach to citation that ensures accuracy, …

The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, Zeina Jallad, Zeina Jallad

Zeina Jallad

The Power of the Body:

Analyzing the Logic of Law and Social Change in the Arab Spring

Abstract:

Under conditions of extreme social and political injustice - when human rights are under the most threat - rational arguments rooted in the language of human rights are often unlikely to spur reform or to ensure government adherence to citizens’ rights. When those entrusted with securing human dignity, rights, and freedoms fail to do so, and when other actors—such as human rights activists, international institutions, and social movements—fail to engage the levers of power to eliminate injustice, then oppressed and even quotidian …

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.

Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra

Thiago Luís Santos Sombra

With the changes in the paradigm of voluntarism developed under the protection of liberalism, the bases for legal acts have reached an objective dimension, resulting in the birth of a number of mechanisms of control of private autonomy. Among these mechanisms, we can point out the relevance of those reinforced by the Roman Law, whose high ethical value underlines one of its biggest virtues in the control of the exercise of subjective rights. The prohibition of inconsistent behavior, conceived in the brocard venire contra factum proprium, constitutes one of the concepts from the Roman Law renown for the protection …

Toward A New Language Of Legal Drafting, Matthew Roach

Matthew Roach

Lawyers should write in document markup language just like web developers, digital publishers, scientists, and almost everyone else.

Toward A Writing-Centered Legal Education, Adam Lamparello

Adam Lamparello

The future of legal education should bridge the divide between learning and practicing the law. This requires three things. First, tuition should bear some reasonable relationship to graduates’ employment outcomes. Perhaps Harvard is justified in charging $50,000 in tuition, but a fourth-tier law school is not. Second, no school should resist infusing more practical skills training into the curriculum. This does not mean that law schools should focus on adding clinics and externships to the curriculum. The focus should be on developing critical thinkers and persuasive writers that can solve real-world legal problems. Third, law schools should be transparent about …

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.

Castle Doctrine And Cohabitants: A Selective, Annotated Bibliography, Luis Debonopaula

Luis deBonoPaula

No abstract provided.

Understanding The "Other" International Agreements, Ryan Harrington

AALL/LexisNexis Call for Papers

The President routinely enters into international agreements with foreign states that circumvent the requirements in the Treaty Clause, leaving many researchers with a cloudy

understanding of the international agreement-making process in the United States. In many instances, Congress has preauthorized the President to negotiate and conclude an international commitment. In others, the majority of both houses of Congress, rather than two-thirds of the Senate, approve of an international agreement. Even more troublingly, in the last half century, the United States has come to rely on yet another form of international agreements, called “political commitments,” that create nonlegally binding expectations and …

Flying The Flag, Aaron S. Kirschenfeld

AALL/LexisNexis Call for Papers

This paper analyzes the accuracy with which descriptions of subsequent negative treatment are applied by an online citator system that employs a hierarchical controlled vocabulary -- Shepard's Citations -- as opposed to one that does not -- KeyCite. After a contextual review of the citator's history, a framework for assessment is proposed and employed to test the hypothesis that a citator employing a hierarchical controlled vocabulary would produce more accurate descriptions. The study's results suggest that a system making use of a hierarchical controlled vocabulary does apply descriptions of subsequent negative treatment in a marginally more accurate way. A discussion …

The Status Of Curricular Change During The Industry's Great Recession: Radical, Or The New Norm?, Patrick Meyer

Patrick Meyer

After Best Practices and The Carnegie Report were published in 2007, schools found renewed conviction to incorporate practice-readiness skills into the law school curriculum. The authors of Best Practices noted that over the years a large portion of the legal community felt that most law school graduates lacked the basic skills to practice. Both Best Practices and Carnegie call for reducing the dependence on Socratic dialogue and the case method while infusing knowledge, skills, and values into doctrinal courses. Although this change will not be easy to accomplish, we can draw inspiration from some law schools that have successfully modified …

Art-Iculating The Analysis: Systemizing The Decision To Use Visuals As Legal Reasoning, Ruth Anne Robbins, Steve Johansen

Ruth Anne Robbins

This Article first assumes that visuals belong and are ethically permitted in legal documents -- something explored by other authors -- and then begins to answer the questions of effective inclusion. The article explores the specific use of analytical visuals, which are those that do not attempt to prove what happened in a legal dispute, but instead help explain how the dispute should be resolved under the legal standards. Thus, the included analytical visual, when used effectively, creates a stronger understanding of the abstract legal analysis. The article suggests a taxonomy for categories of analytical visuals. It also acknowledges that …

Commenting By Emoji: A Tentative Glossary For Legal Writing Professors, Jennifer Romig

Jennifer Romig

This tentative glossary of emoji comments for legal writing professors is mostly just for fun. Yet commenting on legal writing papers may actually be an appropriate situation for using emojis. Emojis are a concise way to represent ideas and often a useful way to adjust the tone of a message. They are a valuable communication tool when appropriate for the writer, situation, and audience. For legal writing professors, emojis could provide a quick and vivid way to connect a comment back to an ideas from the class, and could increase student engagement with the comments. But mainly, this glossary is …

Answering The Call: Flipping The Classroom To Prepare Practice-Ready Attorneys, Alex Berrio Matamoros

Alex Berrio Matamoros

In the rough and changing landscape of the legal job market, legal employers have called on law schools to prepare “practice ready” attorneys — newly minted members of the bar with better honed practical skills than the first year lawyers of the past. The increasing emphasis on legal skills sheds light on an interesting paradox within legal education; in legal skills courses, those that best lend themselves to active learning experiences, instructors frequently fill valuable classroom time with passive lectures to convey the related theory and best practices. Recently, several legal skills instructors have adopted a flipped classroom model to …