Civil Law Commons^™

Born In The U.S.A.: Analyzing The Domesticity Of Judgments In The Civil Rico Context, Alex Reid

University of Cincinnati Law Review

No abstract provided.

Creating A People-First Court Data Framework, Lauren Sudeall, Charlotte S. Alexander

Vanderbilt Law School Faculty Publications

Most court data are maintained--and most empirical court research is conducted--from the institutional vantage point of the courts. Using the case as the common unit of measurement, data-driven court research typically focuses on metrics such as the size of court dockets, the speed of case processing, judicial decision-making within cases, and the frequency of case events occurring within or resulting from the court system.

This Article sets forth a methodological framework for reconceptualizing and restructuring court data as "people-first"-centered not on the perspective of courts as institutions but on the people who interact with the court system. We reorganize case-level …

Codification Of Civil Law In Azerbaijan: History, Current Situation And Development Perspectives, Natig Khalilov

Journal of Civil Law Studies

The Civil Code is the second most important legal act in the country after the Constitution, and the first in terms of volume. Due to its important role in the lives of citizens, the Civil Code is sometimes informally referred to as the “Economic Constitution.” At the same time, the Civil Code is the main document setting the rules for a market economy. This article is devoted to the processes of codification of civil law in Azerbaijan over the past 100 years. During the twentieth century, through the codification of civil law, Azerbaijan has adopted three Civil Codes, far more …

Star–Crossed Copyrights: The Story Of How Mexico Defied Civil Law Traditions By Infusing Common Law Ideologies Into Its Audiovisual And Motion Picture Copyright Regulations, Camila Chediak

University of Miami Inter-American Law Review

This Note was inspired by the out–of–the–ordinary, yet practical approach that Mexico chose to implement when it waived certain longstanding copyright moral rights principles in favor of the U.S. common law work–made–for–hire approach for its audiovisual and motion picture regulations. Since the inception of its copyright law, Mexico has strictly adhered to the civil law ideologies that are generally standard to civil law countries, particularly in its loyalty to the original creators of creative works through the moral rights doctrine. The United States, on the other hand, favors utilitarian ideologies that emphasize the societal importance of fostering innovation through the …

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 …

Proceed With Caution: Readjusting The Procedural Requirements For Prenuptial Agreements Post-Acurio V. Acurio, Emily Hickman

Louisiana Law Review

The article discusses the need to amend the procedural requirements for prenuptial agreements under the Louisiana Civil Code following the Supreme Court's decision in Acurio v. Acurio which held that acknowledgment of an act under private signature must take place before the marriage.

The Concept Of “Return” In Contracts

UAEU Law Journal

In the common law ofEnglandandUnited States, agreement is enforceable if it is shown that it is made for valuable “return”: that is a profit provided by a party seeking enforcement of the agreement. Thus, the presence of a profit is a precondition for the validity of all contracts unless they are under seal. Profits can be looked at as a price paid by the other party. It takes the form of some rights, profits or benefits accruing to the one party or some detriment or loss suffered by the other.

In Civil law system, a lawful cause is a precondition …

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 …

Digital Civil Turnover: A Targeted And Conceptual Scientific And Theoretical Approach, Sh. Ruzinazarov

Review of law sciences

This article examines the role and importance of civilian science and a new trend in fundamental research in their priority areas. In it, based on the scientific direction of the digital economy, the conclusions and proposals on current problems of civil law are justified.

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 …

Developing The Civil Law Of Incorporeal Things, Ricardo Bethencourt, Aniceto Masferrer

Journal of Civil Law Studies

This article offers the legal profession a method to effectuate on behalf of authors, designers, or inventors who are residents of Louisiana (or for Louisiana transactions) the rights recognized by federal law on intellectual property (IP) and unfair competition by activating the civil law on incorporeal things. Additionally, it offers a way to enhance the civil law practitioners’ stock of solutions with the regular notions of property, contracts, and torts in IP and unfair competition law for fascinating results. Also, it enables civil law academia to teach IP and unfair competition law through regular courses such as property, contracts, and …

French Jurisdictional Complexity On The Fringe— Acadia 1667-1710, Jacques Vanderlinden

Journal of Civil Law Studies

During the second half of the 17th century of French formally institutionalized colonial power in Acadia, the province was in an interesting state of jurisdictional complexity insofar as French colonists were concerned. While native Amerindians, mostly Malecites and Micmawqs, carried their precolonial political order and jurisdictional organisation without almost any interference of the colonial power, imported normative systems derived from feudalism, the Catholic Church, French colonial order, French provincial customs and family organisation were juxtaposed and interacted, each of them were a well-known part of the Western legal tradition. Yet—and this is the most interesting—the state power, which was prevalent …

Star Financial Services, Inc. V. Cardtronics Usa, Inc., Nancy A. Maurice

Journal of Civil Law Studies

No abstract provided.

Hazing Laws In Louisiana: Criminal Penalty Masquerading Under The Guise Of Punitive Damages, Brittney Esie

Journal of Civil Law Studies

No abstract provided.

Establishment Of Religion Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.

Double Jeopardy

Touro Law Review

No abstract provided.

Hidden Law: Taking The Comments More Seriously, Melissa T. Lonegrass

Melissa T. Lonegrass

No abstract provided.

Neutrality In Irish Mediation, One Concept, Different Meanings, Aonghus Cheevers

Articles

The Mediation Act 2017 places mediation at the heart of the civil justice system in Ireland and protects some of the key principles of mediation. This article discusses neutrality, one of these principles. The article shows how neutrality is discussed by two sets of mediation stakeholders (clients and mediators). Using two data sets, the article demonstrates that both groups recognize the influence of neutrality on the mediation process. At the same time, the article shows that the manner in which both groups discuss neutrality is different.

Integrating The Access To Justice Movement, Lauren Sudeall

Vanderbilt Law School Faculty Publications

Last fall, advocates of social change came together at the A2J Summit at Fordham University School of Law and discussed how to galvanize a national access to justice movement - who would it include, and what would or should it attempt to achieve? One important preliminary question we tackled was how such a movement would define "justice," and whether it would apply only to the civil justice system. Although the phrase "access to justice" is not exclusively civil in nature, more often than not it is taken to have that connotation. Lost in the interpretation is an opportunity to engage …

Limiting The Right To Buy Silence: A Hearer-Centered Approach, Burt Neuborne

University of Colorado Law Review

No abstract provided.

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 …

Central America - A First Approach To Tort Liability In The Central American Civil Codes, Claudia María Castro Valle

Journal of Civil Law Studies

No abstract provided.

Parallel Enforcement And Agency Interdependence, Anthony O'Rourke

Maryland Law Review

Parallel civil and criminal enforcement dominates public enforcement of everything from securities regulation to immigration control. The scholarship, however, lacks any structural analysis of how parallel enforcement differs from other types of inter-agency coordination. Drawing on original interviews with prosecutors, regulators, and white-collar defense attorneys, this Article is the first to provide a realistic presentation of how parallel enforcement works in practice. It builds on this descriptive account to offer an explanatory theory of the pressures and incentives that shape parallel enforcement. The Article shows that, in parallel proceedings, criminal prosecutors lack the gatekeeping monopoly that traditionally defines their relationships …

The Significance Of Using Video Conference In Judicial And Criminal Investigation, R Madaliev

ProAcademy

The a rticle discusses the basics o f using videoconferences to fu rth e r im pro ve the ju d ic ia l a n d le g a l system, w hile a co m pa ra tive analysis o f the legislative a n d institutional fra m e w o rk fo r the use o f m o de rn IC T in forensic activities in countriessuch as the USA, C an a d a, Finland, N e w Z e a la n d , A ustralia, G erm any.

The Significance Of Using Video Conference In Judicial And Criminal Investigation, R Madaliev

ProAcademy

The a rticle discusses the basics o f using videoconferences to fu rth e r im pro ve the ju d ic ia l a n d le g a l system, w hile a co m pa ra tive analysis o f the legislative a n d institutional fra m e w o rk fo r the use o f m o de rn IC T in forensic activities in countriessuch as the USA, C an a d a, Finland, N e w Z e a la n d , A ustralia, G erm any.

The Reluctance Of Civil Law Systems In Adopting The Ucc Article 9 “Without Breach Of Peace” Standard—Evidence From National And International Legal Instruments Governing Secured Transactions, Asress Adimi Gikay, Cătălin Gabriel Stănescu

Journal of Civil Law Studies

One of the defining features of the Uniform Commercial Code Article 9 is the secured creditor’s ability to take possession of the collateral upon the debtor’s default “without breach of peace.” This standard is meant to protect the debtor from abusive secured creditors, the meaning of which has been shaped by courts on a case-by-case basis.

In reforming their secured transactions laws to enhance access to credit, continental legal systems have shown great reception to Article 9 by adopting the unitary concept and functional approach to security interests, introducing private enforcement mechanisms, including various forms of self-help repossession. However, the …

The Fourth Circuit’S Treatment Of Anunconventional Obligation Inwegmann V. Tramontin, Nathan W. Friedman

Journal of Civil Law Studies

No abstract provided.

Hidden Law: Taking The Comments More Seriously, Melissa T. Lonegrass

Journal Articles

No abstract provided.

Illegality And The Civil Law In Singapore: Lessons From The Uk? Patel V Mirza [2016] 3 Wlr 399; [2016] Uksc 42, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The law on the illegality defence in Singapore is in a fragmented state. In Patel v Mirza, the UK Supreme Court attempted to overhaul this notoriously confusing area of the law, and presented various ideas which are of potential interest to its development in Singapore.