Civil Law Commons^™

Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley

Villanova Environmental Law Journal

No abstract provided.

Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum

Villanova Environmental Law Journal

No abstract provided.

Considering Environmental Impact Under Uncommon Personal Circumstances Carey V. Commonwealth And The Storage Tank Act, Catherine M. Hillin

Villanova Environmental Law Journal

No abstract provided.

The Saddest Show On Earth: The Endangered Species Act As Applied To Captive, Endangered Mammals In People For The Ethical Treatment Of Animals Inc. V. Miami Seaquarium, Anne Ringelestein

Villanova Environmental Law Journal

No abstract provided.

Children Are Human, Kim Pearson

Texas A&M Law Review

There are great benefits to be had should the United States, one of the global leaders in economic strength and political power, ratify the United Nations Convention on the Rights of the Child (“CRC”). The mystery of the United States’s ultimate reluctance to ratify the CRC, despite the nation’s central role in the drafting process, has been interrogated for years. Scholars and policy- makers have developed compelling narratives regarding obstacles to the United States’s ratification and implementation of the CRC. However well- reasoned the arguments for ratification are, there has been little progress in persuading the United ...

Entitlement-Shifting Rules, Troy A. Rule

Boston College Law Review

This Article describes and analyzes entitlement-shifting rules: laws that initially assign a legal “entitlement” to one party and subsequently reassign the same entitlement to a different party. Guido Calabresi and Douglas Melamed’s classic framework of property rules and liability rules involves two basic steps that yield four possible combinations of entitlement assignments and protective rules. These combinations are conventionally numbered in a particular order as rules one through four. Over the years, numerous scholars have built upon Calabresi and Melamed’s four-rule structure with add-on rules that tweak the model’s second step of assigning property or liability rule ...

When Accessing Justice Requires Absence From The Courthouse: Utah’S Online Dispute Resolution Program And The Impact It Will Have On Pro Se Litigants, Julianne Dardanes

Pepperdine Dispute Resolution Law Journal

According to the 2017 Justice Gap Report conducted by Congress’s non-profit Legal Services Corporation (LSC), eighty-six percent of civil legal issues involving low-income Americans received scant or no legal assistance. The number of unrepresented (“pro se”) litigants continues to rise, with low-income Americans constituting a significant portion of this population. Due to the inefficiency of socioeconomically challenged litigants appearing pro se, this article proposes implementing Utah’s court-mandated Online Dispute Resolution (ODR) program as a solution nation-wide. Utah’s ODR program for small claims is revolutionary because it is the first ODR system able to handle an entire dispute ...

Civil Procedure Update 2021 (Handout And Slide Deck), Verónica Gonzales-Zamora, Julio C. Romero

Faculty Scholarship

This presentation aims to 1) review recent amendments to the state and federal rules of civil procedure; 2) help you understand the impact of recent federal and state published opinions interpreting and applying the rules of civil procedure; and 3) assess your understanding of the updates.

إخلال البائع بالتزامه من حيث العجز في مساحة العين المبيعة - تعليق على حكم المحكمة الاتحادية العليا بأبوظبي, Prof. Jassim Salem Al-Shamsi

Journal Sharia and Law

تعليق على حكم المحكمة الاتحادية العليا بأبوظبي

بالطعن رقم 352 السنة 11 ق. ع. نقض مدني بتاريخ 20 شوال 1410هـ الموافق 15/5/1990

أ.د. وهبة مصطفى الزحيلي - عقود جديدة(عقد المقاولة، بيع الاسم التجاري والترخيص، التنازل عن المنفعة بمقابل بدل الخلو)

Journal Sharia and Law

هذه طائفة جديدة من العقود والاتفاقات تتطلب حلاً، وعرفاً لحكمها في الفقه الإسلامي، وقد رأيت تحليل مضمون هذه الاتفاقات وبيان مدى موافقتها لأحكام الشريعة الإسلامية وهل هي جائزة شرعاً أم لا؟

أ.د. محمد ناجي ياقوت- مسؤولية الصحفيين المدنية في حالة القذف في حق ذوي الصفة العمومية

Journal Sharia and Law

No abstract provided.

The Concept Of Non-Present Subjects In Light Of Emirates Civil Transactions Law And Islamic Jurisprudence, Prof. Jassim Salem Al-Shamsi

Journal Sharia and Law

The introduction explained the meaning of this title and that the intrinsic purpose for its selection is due to the fact that the Transactions Law was affected by its original source which is the Islamic Legislation Jurisprudence.

In Part (1) I have discussed the effects on the contract due to the absence of contracted goods.

My first topic covers the effects on the contract due to the absence of contracted goods in the denominations of Islamic jurisprudence from the points of prohibiting and permitting citations evidence in legislative references, the "possible" concept of Malkiah and their followers concerning either the ...

Seize The Day: Renewed Hope For The Permissibility Of In Rem Counterclaims Against The United States Government After The Fifth Circuit's Substituted Opinion In $4,480,466.16?, Evan Gildenblatt

University of Cincinnati Law Review

No abstract provided.

The Role Of Guaranty In Subsequent Ownership- دور الضمان في كسب الملكية تبعاً, Mohammed Sulaiman Al-Ahmad

Journal Sharia and Law

The researcher explained the role of guaranty in the subsequent ownership in four topics; the first focuses on jurisprudents discussions about the possibility of accepting the principle of ownership as a result of guaranty, while the 2nd he indicates the rules (jurisprudential & legal) required for ownership resulting from guaranty. In the 3rd topic the researcher focused on the conditions required for such ownership, and in the 4th defines ownership resulting from guaranty, supported by Islamic jurisprudents and positive laws. The research was ended by the researcher's conclusions and recommendations.

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale ...

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken ...

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis ...

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and ...

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to ...

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.