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

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 2017 Netanya Academic College

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 ...


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

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.


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

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.


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

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 2017 University of Maine School of Law

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 2017 University of Maine School of Law

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 2017 St. John's University School of Law

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 2017 University of Maine School of Law

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 ...


Se Avizora Una Nueva Alternativa Que Buscará Facilitar El Acceso A La Vivienda Propia A Los Más Jóvenes, Paul Cajacuri Jancachagua 2017 Major National University of San Marcos

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 2017 Universidad Nacional Mayor de San Marcos

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 2017 St. John's University School of Law

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 2017 Fordham University School of Law

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 2017 Ouachita Baptist University

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 ...


La Problemática Jurídica Detrás De La Resurrección Mediante Cgi De Actores Y/O Actrices Fallecidos/As, Javier André Murillo Chávez 2017 Pontificia Universidad Católica del Perú

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 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

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 2017 St. John's University School of Law

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 2017 St. John's University School of Law

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.


Rewriting Hockey's Unwritten Rules: Moore V. Bertuzzi, Patrick K. Thornton 2017 University of Maine School of Law

Rewriting Hockey's Unwritten Rules: Moore V. Bertuzzi, Patrick K. Thornton

Maine Law Review

The word “enforcer” or “hockey goon” does not appear in the 2007–2008 National Hockey League (NHL) rulebook. However, every player and coach knows the meaning of those words. Hockey has always had its share of enforcers or “goons” that have protected star players. Steve Moore, former Harvard captain, and his parents have sued NHL tough-man Todd Bertuzzi, the Vancouver Canucks, and the partnership that owned the Canucks for an on-ice incident that occurred between Moore and Bertuzzi on March 8, 2004. Dedicated hockey fans have followed the lawsuit, but with the “incident” now over four years old many have ...


The Unappreciated Importance, For Small Business Defendants, Of The Duty To Settle, Robert Heidt 2017 University of Maine School of Law

The Unappreciated Importance, For Small Business Defendants, Of The Duty To Settle, Robert Heidt

Maine Law Review

This paper suggests how the duty to settle, which requires liability insurers to pay damages awarded against their insured in excess of the policy limits when the insurers reject a reasonable settlement offer within the limits, may have indirectly led certain of their insureds--small business recreational vendors like horse riding stables or some motels offering swimming pools with diving boards--to sanitize the recreational activities they offer. More generally, the duty to settle's effect on the lawsuits injured customers brought against small business recreational vendors may have led a wide variety of such vendors to sanitize activities the vendors previously ...


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