Civil Law Commons^™

Putting A Slam On Alcohol Violators Through Dram- How The State Of Ohio Can Improve The Day-To-Day Safety Of Its Residents Through Dram Laws, Steven Iwanek

Honors Projects

In the realm of legal frameworks governing the service and consumption of alcohol, Dram Shop Liability Laws play a pivotal role in holding establishments accountable for the consequences of alcohol-related incidents. These laws, known as dram laws, vary across states, delineating the responsibilities of alcohol servers and establishments in preventing the overconsumption of alcohol and the resultant harm. This examination delves into a comprehensive background of dram laws, particularly focusing on their historical evolution, their present implications, and the imperative need for refinement.

As societal dynamics and patterns of alcohol consumption evolve, so too must the legislative mechanisms designed to …

Defiance, Lackland H. Bloom Jr

St. Mary's Law Journal

No abstract provided.

A Slapp In The Face: The Applicability Of Anti-Slapp Laws In Federal Cases, Jacob Dryer

Senior Honors Theses

This thesis explains Strategic Lawsuits Against Public Participation (SLAPPs) and examines the applicability of state anti-SLAPP laws in federal cases. Currently, the Federal Circuits are split on this issue, and the United States Supreme Court has not granted certiorari to any cases that have addressed this issue. This thesis reviews the jurisprudence related to the application of state anti-SLAPP laws in federal court. The author further examines what the Circuits have held about the applicability of anti-SLAPP laws and the rationales of each decision. Based on this information, this thesis argues that if the U.S. Supreme Court were to hear …

5th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Legal Constraints To Protect Working Women: A Comparative Study Under International Labor Standards And The Palestinian Labor Law, Naeem Jamil Salameh, Rana Najeh Dawas, Zainab Ghassan Qarawi

An-Najah University Journal for Research - B (Humanities)

The presence of women as workers in workplaces has become an important and essential requirement for increasing the development of countries and a feature that characterizes modern societies. However, the diminishing of her rights and the discrimination directed against her sometimes prompted the local and international community to impose legal texts in the field of work aimed at equality between the sexes, and to provide special protection for women in terms of times and quality of work, taking into account women’s privacy, by prohibiting their employment in some jobs and granting them special leaves and preventing their dismissal during pregnancy …

Inadequate Adequacy?: Empirical Studies On Class Member Preferences Of Class Counsel, Alissa Del Riego, Joseph Avery

Utah Law Review

Class members to date have been completely sidelined in class litigation. Representational notice is one way to provide them with a voice and a seat at the table (albeit a distant one). However, we note that expressing unmandated preferences does not solve the agency problem that exists in these actions, nor does it guarantee that class counsel is necessarily operating in class members’ best interests during the course of the litigation or in any settlement, even armed with useful ex ante information. Much is left to be explored as to whether class members are satisfied with the representation they received …

Public Health Consequences Of Appellate Standards For Hostile Work Environment Claims, Lauren Krumholz

Washington Journal of Social & Environmental Justice

No abstract provided.

Navigating The First Amendment In School Choice: The Case For The Constitutionality Of Washington’S Charter School Act, Stephanie Smith

Washington Journal of Social & Environmental Justice

No abstract provided.

Pursuing The Exemption: The Makah's White Whale, Sarah Van Voorhis

Washington Journal of Social & Environmental Justice

No abstract provided.

Searching Govinfo.Gov/, Bert Chapman

Libraries Faculty and Staff Presentations

This U.S. Government Publishing Office (GPO) database provides access to information legal, legislative, and regulatory information produced on multiple subjects by the U.S. Government. Content includes congressional bills, congressional committee hearings and prints (studies), reports on legislation, the text of laws, regulations, and executive orders and multiple U.S. Government information resources covering subjects from accounting to zoology.

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.

A New Private Law Of Policing, Cristina Carmody Tilley

Brooklyn Law Review

American law and American life are asymmetrical. Law divides neatly in two: public and private. But life is lived in three distinct spaces: pure public, pure private, and hybrid middle spaces that are neither state nor home. Which body of law governs the shops, gyms, and workplaces that are formally accessible to all, but functionally hostile to Black, female, poor, and other marginalized Americans? From the liberal midcentury onward, social justice advocates have treated these spaces as fundamentally public and fully remediable via public law equity commands. This article takes a broader view. It urges a tort law revival in …

Affirmatively Furthering Health Equity, Mary Crossley

Brooklyn Law Review

Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the healthcare sector, government action, standing alone, is limited in its power to remedy health disparities. This article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the healthcare sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal healthcare funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that recipients of federal …

Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, Zach Islam

Brooklyn Law Review

Historically, federal courts have used the “adverse employment action” test in Title VII disparate treatment, disparate impact, and retaliation cases to determine whether a plaintiff has suffered adequate harm. This note argues that this approach is fundamentally flawed. At the outset, the test is a judicial power grab with no support in the statutory language. What is more, it fails to uphold the plain policy purposes for Title VII by largely ignoring evidence of discriminatory acts in the workplace that Congress sought to prevent in passing the statute. Consequently, Title VII plaintiffs get the short end of the stick with …

Efficiency At The Price Of Accuracy: The Case For Assigning Mdls To Multiple Districts And Circuits, Isaak Elkind

Vanderbilt Law Review

28 U.S.C. § 1407 allows for the centralization of unique cases into a single forum for pretrial purposes. The product is multidistrict litigation, known colloquially as the “MDL.” While initially conceived as a means of increasing efficiency for only particularly massive, complex litigation, MDLs have become pervasive. Today, over fifteen percent of all civil litigation—and fifty percent of all federal civil litigation—is consolidated into MDLs. Yet, MDLs are commonly overconsolidated, such that only one judge presides over hundreds, thousands, or even hundreds of thousands of individual cases at a time. Fewer than three percent of such cases return to their …

No.54 - March 2024, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Housing Court: A Balancing Act, Todd Wilcher

UMKC Law Review

This article provides a general description of the Kansas City Municipal Court's Housing Court - its origin, jurisdiction, and process-and discusses the broader themes and competing interests at issue in its cases. Because detached single-family home cases take up most of the space on the dockets, the single-family home theme is a major thread in the fabric of this Article. At the same time, however-in the broader context of the municipal environment-every building, structure and open land is subject to building, zoning, and maintenance regulations. These regulations are pervasive in our modern society, and ensuring they are applied in a …

No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler

Villanova Environmental Law Journal

No abstract provided.

Guarantees Of Payment Of Wages In Enterprise Contracts And Its Contemporary Applications In Accordance With The Enforced Legislation In Palestine, Muayad K. Hattab Phd, Ashraf Muhammad Hussein Dr

UAEU Law Journal

remuneration under the contracting contract, and the mechanisms of enforcing the employer to implement his obligation to pay the remuneration, in light of the Palestinian legislative reality, which is still dependent upon the Mejella (Journal of Judicial Rules), as the Civil Law in force in Palestine. The study attempted to find a solution to the legislative shortcoming represented in the fact that the provisions of the Mejella devoid of a clear and explicit regulation of the provisions of the contracting contract and the responsibilities of the parties to that contract, especially with regard to obligating the employer …

The Influence Of Unidroit Principles On The Evolving Interpretation Of The Contract, Mohammed Sulaiman Al-Ahmad Prof., Dr. Abdullah Fadhel Hamid Dr

UAEU Law Journal

principles, are not mere agreements in which some clauses were inserted by the will of the parties, but rather are real common economic projects between the parties, these contracts are intended to achieve the common contractual interest of the parties by ensuring that their effects remain effective. Because these contracts are in a situation of constant interaction with reality, this requires preserving them from the risk of rescission and invalidity as much as possible, and by various legal means. Perhaps the most important and qualified way to preserve the international commercial contract (the common economic project) is to resort to …