The Idea Of Implementing Spiliada Principle For Indonesian Court In Hearing Private International Law Cases, 2024 Singapore Management University
The Idea Of Implementing Spiliada Principle For Indonesian Court In Hearing Private International Law Cases, Ranto Sabungan Silalahi
Journal of Private International Law Studies
Indonesia and Singapore are among the ASEAN members and ready to welcome the implementation of the ASEAN Economic Community. The ASEAN Economic Community itself has been planned for a long time and the aim of establishing the ASEAN Economic Community is so that countries that are within ASEAN membership can face the problems of trade and economic activities on a large and global basis. This will certainly increase the number of cross-border transactions and investments between these two nations and other members of the ASEAN community. In reality, the cross-border transactions and investments also involve the Legal Entities and Natural …
Trying Out The Electronic Case Management System In The Uae And Its Compliance With Fundamental Judicial Guarantees, 2024 Department of Private Law, College of Law, United Arab Emirates University, Alain, United Arab Emirates
Trying Out The Electronic Case Management System In The Uae And Its Compliance With Fundamental Judicial Guarantees, Abdulla A. Alkhatib
An-Najah University Journal for Research - B (Humanities)
This study considers the Electronic Case Management System (ECMS) and the challenges it faces in achieving basic litigation guarantees, according to the legislation of the UAE, and comparing them with the practices followed by the judicial authorities. The importance of the study lies in the fact that electronic justice has replaced the traditional justice system, where all procedures from registering the case, submitting memoranda, conducting trials, issuing judgments, appealing, and implementing them are carried out through it remotely. This raised the question about the extent to which ECMS provides basic litigation guarantees, specifically the principles of equality, confrontation, defense, and …
Locke’S “Wild Indian” In United States Supreme Court Jurisprudence, 2024 Winthrop University
Locke’S “Wild Indian” In United States Supreme Court Jurisprudence, Anthony W. Hobert Phd
American Indian Law Journal
This article explores the impact of John Locke’s Two Treatises on United States Indigenous property rights jurisprudence. After discussing Locke’s arguments, the article turns to the rationales of the first and last cases of the Marshall Trilogy—Johnson v. McIntosh (1823) and Worcester v. Georgia (1832)—arguing that, contrary to prevailing political theory, Marshall’s opinion for the Court in Johnson puts forth a fundamentally Lockean justification for the dispossession of Indigenous property. This article also provides a brief analysis of Marshall’s explicit Vattelian rationale in Worcester, commentary on recent developments regarding the precedents, and recommendations for reconciling them within contemporary …
No-Injury And Piggyback Class Actions: When Product-Defect Class Actions Do Not Benefit Consumers, 2024 University of Massachusetts School of Law
No-Injury And Piggyback Class Actions: When Product-Defect Class Actions Do Not Benefit Consumers, Philip S. Goldberg, Andrew J. Trask
University of Massachusetts Law Review
Class counsel are more frequently filing product-based class actions that, whether successful or not, offer few practical benefits to real consumers or class members. These no-benefit class actions cause the unnecessary expense of the courts’ time and resources, and they often fail to provide actual value to class members while still producing substantial attorneys’ fees. This article explores why strategic vagueness in plaintiffs’ filings and a lack of vigorous analysis by the courts have allowed no-benefit class actions to unnecessarily consume court resources. The article concludes by offering suggestions for how courts can alleviate some of this pressure, primarily by …
Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise, 2024 Villanova University Charles Widger School of Law
Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise, David S. Caudill, Harry Collins, Robert Evans
University of Cincinnati Law Review
One of the most constructive critiques of the Daubert admissibility regime is Professor Edward Cheng’s recent proposal for a new Consensus Rule in the Federal Rules of Evidence. Rejecting the notion that judges and juries have the capacity to evaluate scientific expertise, Cheng’s proposal would eliminate Daubert hearings—and judicial gatekeeping concerning expert testimony—and require judges and juries, in their verdicts, to follow consensus in the relevant scientific community. Significantly, Cheng argues that judges and juries would have an easier time identifying consensus than they have in deciding between experts who disagree.
We find Cheng’s emphasis on consensus compelling, and …
Implied Consent In Administrative Adjudication, 2024 Washington and Lee University School of Law
Implied Consent In Administrative Adjudication, Grace Moore
Washington and Lee Law Review Online
Article III of the Constitution mandates that judges exercising the federal judicial power receive life tenure and that their pay not be diminished. Nonetheless, certain forms of adjudication have always taken place outside of Article III—in state courts, military tribunals, territorial courts, and administrative tribunals. Administrative law judges, employed by various federal administrative agencies, decide thousands of cases each year. A vast majority of the cases they decide deal with public rights, which generally include claims involving federal statutory rights or cases in which the federal government is a party. With litigant consent, however, the Supreme Court has upheld administrative …
Self-Defense And Political Rage, 2024 Texas A&M University School of Law
Self-Defense And Political Rage, Erin Sheley
Texas A&M Law Review
This Article considers how American political polarization and the substantive issues driving it raise unique challenges for adjudicating self-defense claims in contexts of political protest. We live in an age where roughly a quarter of the population believes it is at least sometimes justifiable to use violence in defense of political positions, making political partisans somewhat more likely to pose a genuine threat of bodily harm to opponents. Furthermore, the psychological literature shows that people are more likely to perceive threats from people with whom they politically disagree and that juries tend to evaluate reasonableness claims according to their own …
Equity's System Of Open-Ended Wrongs And Limited Remedies, 2024 Texas A&M University School of Law
Equity's System Of Open-Ended Wrongs And Limited Remedies, Mark P. Gergen
Texas A&M Law Review
It is well-known that equity gives courts considerable discretion to override the normal operation of legal rules to prevent an injustice in a particular case. This Article shows equity combined this discretion with limited remedies (rescission, restitution, reformation, and estoppel), and that these limited remedies strike a balance between the value of doing justice in a particular case and the cost of destabilizing the law in a way that places a heavy thumb on the scale favoring stability over justice. Henry Smith has described equity as a “second-order safety valve.” Equity’s limited remedies make it a weak “second-order safety valve.” …
American Legal Realism Today: An Idiosyncratic Restatement, 2024 Northwestern Pritzker School of Law
American Legal Realism Today: An Idiosyncratic Restatement, Mark Tushnet
Northwestern Law Journal des Refusés
No abstract provided.
Foreword, 2024 Northwestern Pritzker School of Law
Foreword, Caroline Faye Radell, Udhanth Mallasani
Northwestern Law Journal des Refusés
No abstract provided.
Decoding Dobbs: A Typology To Better Understand The Roberts Court's Jurisprudence, 2024 Bridgewater College
Decoding Dobbs: A Typology To Better Understand The Roberts Court's Jurisprudence, Katie Yoder
Honors Projects
The U.S. Supreme Court first recognized Substantive Due Process (“SDP”) in the early twentieth century. In Lochner v. New York, the Court established that there are certain unenumerated rights that are implied by the Fourteenth Amendment.Though SDP originated in a case about worker’s rights and liberties, it quickly became relevant to many cases surrounding personal intimate decisions involving health, safety, marriage, sexual activity, and reproduction.Over the past 60 years, the Court relied upon SDP to justify expanding a fundamental right to privacy, liberty, and the right to medical decision making. Specifically, the court applied these concepts to allow for freedoms …
Unintended Consequences: The New Test For Interlocutory Mandatory Injunctions, 2024 Brooklyn Law School
Unintended Consequences: The New Test For Interlocutory Mandatory Injunctions, Jeff Berryman
Brooklyn Law Review
Interlocutory mandatory injunctions can be an important remedy during the pendency of a trial. With its decision in R. v. Canadian Broadcasting Corp, the Supreme Court of Canada revised its test for an interlocutory mandatory injunction, holding that it should require a higher threshold and be therefore harder to obtain than an interlocutory prohibitive injunction. This higher threshold requires that the applicant demonstrate a strong prima facie case that it will succeed at trial based on law and evidence. This change adds uncertainty to the process, ultimately complicating and adding costs to litigation.
Nationwide Injunctions And The Administrative State, 2024 Brooklyn Law School
Nationwide Injunctions And The Administrative State, Russell L. Weaver
Brooklyn Law Review
Where an administrative regulation is deemed by a court to be illegal, unconstitutional, or otherwise invalid, courts sometimes issue nationwide injunctions. In other words, instead of holding that the regulation cannot be applied to the individuals before the court, the court prohibits the agency from applying the regulation anywhere in the country, including to others not before the court. This article explores the debate surrounding the appropriateness of nationwide injunctions. While at first glance such injunctions may seem to make sense, they can have serious consequences, including risk of abuse and forum shopping, amplification of erroneous decisions, and the negative …
Summary Eviction Proceedings As A Debt Collection Tool: How Landlords Use Serial Eviction Filings To Collect Rent, 2024 Brooklyn Law School
Summary Eviction Proceedings As A Debt Collection Tool: How Landlords Use Serial Eviction Filings To Collect Rent, Grace Vetromile
Brooklyn Law Review
This note explores how landlords use housing court as a debt collection tool, impacting the rights of tenants and their ability to fairly adjudicate claims in summary eviction proceedings. Disparities in the number of evictions that are filed, as compared to evictions that are ultimately executed, indicate that landlords do not always use eviction proceedings to kick out a tenant, but rather as a method of debt collection. Using these proceedings in this manner affects a tenant’s ability to defend against eviction, even when the tenant has meritorious claims that their landlord did not provide a habitable apartment. This note …
Nonparty Litigation Holds: Clear To Implement. Complex To Lift., 2024 Brooklyn Law School
Nonparty Litigation Holds: Clear To Implement. Complex To Lift., Alexis Bianco-Burrill
Brooklyn Law Review
Legal holds have long been used by parties, and nonparties alike, as a fundamental tool to preserve information that could be needed in litigation. There are a breadth of statutes, case law, and scholarly work clarifying when a party has the duty to preserve documents and therefore issues legal holds under federal law, as well as when nonparties share this same duty. Although the question of when to issue a legal hold has a clear answer, the problem of when a nonparty can lift a litigation hold is much more complex. Often, nonparties who have been requested to preserve documents …
Virtual Justice: A Complex Portrait Of Canadian Self-Represented Litigant Experiences With Virtual Hearings, 2024 University of Toronto
Virtual Justice: A Complex Portrait Of Canadian Self-Represented Litigant Experiences With Virtual Hearings, Jennifer Leitch, Dayna Cornwall, David Lundgren
National Self Represented Litigants Project
“Virtual Justice: A complex portrait of Canadian self-represented litigant experiences with virtual hearings” is the result of a year-long project generously funded through a grant from the McLachlin Fund, with the goal of understanding the experiences of Canadian self-represented litigants (SRLs) with virtual hearings since the onset of the pandemic, when such processes began to dramatically increase and become much more common.
Using a survey and focus groups, we gathered data from many SRLs with experiences across jurisdictions and types of legal matter. The results reflect the fact that SRLs’ experiences with virtual hearings are, in fact, quite varied. Approximately …
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, 2024 Bowling Green State University
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 …
The Heavy Mark Of Ptsd The Justice System Leaves On The People Going Through It., 2024 Kennesaw State University
The Heavy Mark Of Ptsd The Justice System Leaves On The People Going Through It., Ezavier Miller, Angel Emetuche, Sakina Ahmed
ENGL 1102 Showcase
This is a paper about how the justice system in it's many forms can cause PTSD. Not only to the criminals that go through it but also the children, victims. With many process having extensive repercussion causing PSTD to take hold of the many people that seek the justice system for help or judgement.
Public Accommodations And The Right To Refrain From Expressing Oneself, 2024 Capital University Law School
Public Accommodations And The Right To Refrain From Expressing Oneself, Mark Strasser
Cleveland State Law Review
The United States Supreme Court has been unable to articulate a coherent position when addressing the right of individuals to refrain from expressing themselves. The Court has applied various tests inconsistently—emphasizing principles in some cases, ignoring them in subsequent cases, and then emphasizing them again in later cases as if those principles had always been applied. The Court’s approach is incoherent, offering little guidance to lower courts except to suggest that public accommodations laws may soon be found inconsistent with First Amendment guarantees.
Reassessing Administrative Finality: The Importance Of New Evidence And Changed Circumstances, 2024 University of Tulsa College of Law
Reassessing Administrative Finality: The Importance Of New Evidence And Changed Circumstances, Gwendolyn Savitz
Cleveland State Law Review
Administrative finality of agency action is generally thought of as a method of avoiding premature judicial review—a claim that the review is too early. But it is also used to prevent judicial review by claiming that the review has now come too late. There are two primary exceptions to this prohibition: new evidence and changed circumstances. However, courts and agencies are reluctant to permit challengers to use these exceptions as often as should be statutorily allowed, an area that scholarship has been neglected.
This Article fills the gap by exploring this aspect of administrative finality, looking at the important government …