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Full-Text Articles in Civil Law

Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), Krystina Viernes Dec 2017

Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), Krystina Viernes

Nevada Supreme Court Summaries

The Court considered whether a party may appeal a district court’s order granting an NRCP 60(b) motion to set aside a final judgment for fraud upon the court. The Court held the district court’s order interlocutory and may not be appealed until a final judgment is entered.The Court held that the district court was not barred from considering the NRCP 60(b) motion and the district court did not abuse its discretion in granting relief based on fraud upon the court.


The Jewish Family – Between Family Law And Contract Law, Yehezkel Margalit Dec 2017

The Jewish Family – Between Family Law And Contract Law, Yehezkel Margalit

Hezi Margalit

Traditional Jewish family law has persevered for hundreds of years and rules covering marriage, the raising of children, and divorce are well established; yet pressures from modern society are causing long held views to be re-examined. The Jewish Family: Between Family Law and Contract Law examines the tenets of Jewish family law in the light of new attitudes concerning the role of women, assisted reproduction technologies, and prenuptial agreements. It explores, through interdisciplinary research combining the legal aspects of family law and contract law, how the Jewish family can cope with both old and modern obstacles and challenges. Focusing on ...


Postmodern Social Control: Dividuals And Surveillance, Ernest M. Oleksy Dec 2017

Postmodern Social Control: Dividuals And Surveillance, Ernest M. Oleksy

The Downtown Review

As a society's foundational philosophy changes, so, too, will its forms of social control. By using the works of thinkers like Deleuze and Foucault as pivot points, the dynamic nature of social interactions and the agents to mediate those actions shall be investigated. This article includes findings from archival analysis written in a journalistic prose for simplicity of consumption.


Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy Dec 2017

Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy

The Downtown Review

Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the ...


Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran Dec 2017

Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran

Journal of Legislation

No abstract provided.


Ermold Files Paperwork To Challenge Davis, The Morehead News Dec 2017

Ermold Files Paperwork To Challenge Davis, The Morehead News

Media Collection

No abstract provided.


Gay Man Denied A Marriage License By Kim Davis Wants To Run Against Her, Benjamin Butterworth Dec 2017

Gay Man Denied A Marriage License By Kim Davis Wants To Run Against Her, Benjamin Butterworth

Media Collection

No abstract provided.


Who Is David Ermold? Gay Man Enters County Clerk Race After Discrimination, Preeti Maheshwari Dec 2017

Who Is David Ermold? Gay Man Enters County Clerk Race After Discrimination, Preeti Maheshwari

Media Collection

No abstract provided.


Ermold Filed His Paperwork With Davis, Raycom Media, The Daily Independent Dec 2017

Ermold Filed His Paperwork With Davis, Raycom Media, The Daily Independent

Media Collection

No abstract provided.


Kim Davis Denied Him A Marriage License. He’S Running To Replace Her., Niraj Chokshi Dec 2017

Kim Davis Denied Him A Marriage License. He’S Running To Replace Her., Niraj Chokshi

Media Collection

No abstract provided.


The Right Balance: Qualified Immunity And Section 1983, Jana Minich Dec 2017

The Right Balance: Qualified Immunity And Section 1983, Jana Minich

Channels: Where Disciplines Meet

This paper explores qualified immunity jurisprudence in the context of Section 1983 lawsuits against police officers. Following an overview of the history behind this jurisprudence, this research looks into the current problems with the application of qualified immunity: lack of guidance for lower courts, a need for constitutional rights articulation, and a divergence from notice-based standard for particularity. This study suggests guiding the trajectory of case law toward solutions with foundations already present in precedent rather than overhauling the system of qualified immunity.


Gay Man Denied Marriage License Hopes To Unseat County Clerk, Adam Beam Dec 2017

Gay Man Denied Marriage License Hopes To Unseat County Clerk, Adam Beam

Media Collection

No abstract provided.


Kim Davis Denied His Right To Marry Another Man. Now David Ermold Is Going To Run Against Her., Eli Rosenberg Dec 2017

Kim Davis Denied His Right To Marry Another Man. Now David Ermold Is Going To Run Against Her., Eli Rosenberg

Media Collection

No abstract provided.


Arbeitsblätter Leistungsstörungen, Christian Alexander Dec 2017

Arbeitsblätter Leistungsstörungen, Christian Alexander

Christian Alexander

Die Arbeitsblätter sollen einige Grundstrukturen und das Regelungsmodell des Leistungsstörungsrechts im BGB
veranschaulichen. Dabei geht es vor allem um die besonders häufigen Fälle der Leistungsstörungen im gegenseitigen Vertrag.


Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan Dec 2017

Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan

Maine Law Review

In 1993, the Supreme Court of the United States stated that with the federal adoption of statutory rules of evidence in 1975, the common law rule for determining admissibility of scientific testimony was superseded, and that thenceforth admissibility of scientific testimony was to be determined solely by Federal Rule of Evidence 702 (Rule 702). The Frye standard had been adopted in one form or another by most of the federal circuits and by many of the state courts during the 70 years preceding Daubert. Referred to as the “general acceptance” standard, the Frye standard--although adopted in a variety of forms--had ...


Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions, Sigmond D. Schutz Dec 2017

Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions, Sigmond D. Schutz

Maine Law Review

Many states, including the State of Maine, take the position that they have, essentially, an infinite time within which to bring a civil action. The basis for the State's claim of immunity from statutes of limitations is the old English common law doctrine, “nullum tempus occurrit regi”-- literally, no time runs against the King--which purports to exempt the State from statutes of limitations of general applicability unless statutes expressly provide otherwise. There has not been a Maine Supreme Judicial Court (Law Court) opinion mentioning the nullum tempusdoctrine since 1955, but the doctrine continues to be actively asserted by the ...


Contemplating The Use Of Classified Or State Secret Information Obtained Ex Parte On The Merits In Civil Litigation: Bl(A)Ck Tea Society V. City Of Boston, Brian M. Tomney Nov 2017

Contemplating The Use Of Classified Or State Secret Information Obtained Ex Parte On The Merits In Civil Litigation: Bl(A)Ck Tea Society V. City Of Boston, Brian M. Tomney

Maine Law Review

In Bl(a)ck Tea Society v. City of Boston, the First Circuit Court of Appeals affirmed, without dissent, a district court's ruling denying protesters at the 2004 Democratic National Convention a preliminary injunction designed to force the City of Boston to modify its designated demonstration zone (DZ) and remove some of the draconian security measures surrounding the zone. The injunction was denied by Judge Woodlock after he personally inspected the DZ and determined that, given “constraints of time, geography, and safety,” there were no viable alternatives—to site location or construction of the DZ itself—that could reasonably ...


Satisfaction Of Civil Judgments Against Public Juridic Persons In The United States In Light Of Canons 22 And 1291: Aliud Iure Canonico Caveatur?, Mark T. Reeves Nov 2017

Satisfaction Of Civil Judgments Against Public Juridic Persons In The United States In Light Of Canons 22 And 1291: Aliud Iure Canonico Caveatur?, Mark T. Reeves

The Catholic Lawyer

No abstract provided.


Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka Nov 2017

Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka

Maine Law Review

In fiscal year 2004, Wal-Mart added 139 new discount stores, supercenters, and “neighborhood markets” to its already significant chain of stores across the United States. Wal-Mart developers submit their proposals to governing town bodies all over the country with the promise that the $20 million construction of a 200,000 square foot store will create 500 new jobs for the local economy, will have a payroll of over $12 million, will increase the tax base of the area, and will provide convenient, affordable shopping for consumers. For these reasons, the big box stores are a hard offer for town planners ...


Candidates Flock To Courthouse To File For 2018 Election, Brad Stacy Nov 2017

Candidates Flock To Courthouse To File For 2018 Election, Brad Stacy

Media Collection

No abstract provided.


Se Avizora Una Nueva Alternativa Que Buscará Facilitar El Acceso A La Vivienda Propia A Los Más Jóvenes, Paul Cajacuri Jancachagua Nov 2017

Se Avizora Una Nueva Alternativa Que Buscará Facilitar El Acceso A La Vivienda Propia A Los Más Jóvenes, Paul Cajacuri Jancachagua

Paul Cajacuri Jancachagua

No abstract provided.


Se Avizora Una Nueva Alternativa Que Buscará Facilitar El Acceso A La Vivienda Propia A Los Más Jóvenes, Paul Cajacuri Jancachagua Nov 2017

Se Avizora Una Nueva Alternativa Que Buscará Facilitar El Acceso A La Vivienda Propia A Los Más Jóvenes, Paul Cajacuri Jancachagua

Paul Cajacuri Jancachagua

El presente artículo trata sobre la propuesta de subsidios que vendría estructurando el Ministerio de Vivienda, Construcción y Saneamiento. Dichos subsidios estarían destinados a cubrir el pago de la merced conductiva en los contratos de arrendamientos celebrados por "parejas jóvenes" (como arrendatarios), a fin de que estos puedan ahorrar un monto de dinero que el futuro les permita acceder a una vivienda propia.


American Civil Liberties Union Of New Jersey V. Schundler: Established Endorsement In Need Of "Supreme" Intervention, Gabriel Acri Nov 2017

American Civil Liberties Union Of New Jersey V. Schundler: Established Endorsement In Need Of "Supreme" Intervention, Gabriel Acri

The Catholic Lawyer

No abstract provided.


Reevaluating The Computer Fraud And Abuse Act: Amending The Statute To Explicitly Address The Cloud, Amanda B. Gottlieb Nov 2017

Reevaluating The Computer Fraud And Abuse Act: Amending The Statute To Explicitly Address The Cloud, Amanda B. Gottlieb

Fordham Law Review

Under the current interpretations of authorization, instances where an individual harmlessly accesses the cloud data of another user could be classified as hacking and a violation of this federal statute. As such, this Note demonstrates that all of the current interpretations of the CFAA are too broad because they could result in this nonsensical outcome. This Note accordingly proposes an amendment to the CFAA specifically addressing user access to data on the cloud. Such an amendment would eliminate the unusual result of innocuous cloud-computing users being deemed hackers under federal law.


Clark County Civil Court Records, Archivists Nov 2017

Clark County Civil Court Records, Archivists

Guides and Finding Aids

Clark County was established in 1818, and therefore became one of the five counties in existence at the time the area became known as Arkansas Territory in 1819. Court was held in various places in those early days, such as the home of pioneer settler Jacob Barkman, west of the Caddo River, near what is now Caddo Valley. Later, a county seat was established at Greenville, which was located to the southwest along the Military Road (also known as the Southwest Trail). In 1842 Arkadelphia (previously known as Blakelytown) became the permanent location of the county seat.

These numbered files ...


Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Nov 2017

Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


La Problemática Jurídica Detrás De La Resurrección Mediante Cgi De Actores Y/O Actrices Fallecidos/As, Javier André Murillo Chávez Oct 2017

La Problemática Jurídica Detrás De La Resurrección Mediante Cgi De Actores Y/O Actrices Fallecidos/As, Javier André Murillo Chávez

Javier André Murillo Chávez

No abstract provided.


Clark Cty. Sch. Dist. V. Payo, 133 Nev. Adv. Op. 79 (Oct. 26, 2017), Alma Orozco Oct 2017

Clark Cty. Sch. Dist. V. Payo, 133 Nev. Adv. Op. 79 (Oct. 26, 2017), Alma Orozco

Nevada Supreme Court Summaries

Implied assumption of the risk does not apply when a student is required to participate in a physical education class because the doctrine’s “voluntariness” element is not satisfied. Discretionary-function immunity does not apply when cases allege inadequate supervision or instruction because such decisions, while discretionary, are not policy-based, as the discretionary-immunity test requires. Decisions are not entitled to discretionary-function immunity unless they entail governmental planning or policy formulation, which involves economic, social, and political considerations.


Diocesan Asset Management Strategies: The Civil Law Perspective, William F. Mccarthy Oct 2017

Diocesan Asset Management Strategies: The Civil Law Perspective, William F. Mccarthy

The Catholic Lawyer

No abstract provided.


A Civil Litigation At Antioch In The Third Century "The Unlikely Case Of The Church Building", Monsignor Thomas J. Harrington Oct 2017

A Civil Litigation At Antioch In The Third Century "The Unlikely Case Of The Church Building", Monsignor Thomas J. Harrington

The Catholic Lawyer

No abstract provided.