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The Notion Of Causation Under The New French Contract Law From The Traditional Function To A Tool For Controlling Contractual Balance, Dr. DELLAL Yazid, Taboukouyout Youcef 2022 Professor Lecturer (A) - Faculty of Law and Political Sciences, University of Abu Bakr Belkaid, Tlemcen, Algeria

The Notion Of Causation Under The New French Contract Law From The Traditional Function To A Tool For Controlling Contractual Balance, Dr. Dellal Yazid, Taboukouyout Youcef

Journal Sharia and Law

This paper analyses the recent reform of Contract Law in France under the Order n°2016-131 of February 10, 2016, modifying the French Civil Code provisions on Contract Law and the general regime and proof of obligations. The ‘causation’ was consecrated as a condition of contracts validity in the Napoleonic Code of 1804, it remained effective for two centuries despite its juristic controversy. The controversial notion of ‘causation’ has been removed from the Code which introduced ‘the contractual content’ as an essential condition in contracts. This study concludes that the abandonment of 'causation' in the recent reform of Contract Law ...


Conflict Of Laws In Civil Liability Arising From Defective Products: A Comparative Analytical Study, Dr. Abdullah Fadhel Hamid, Rozhan Omar Khalid 2022 Assistant Professor of Private International Law College of Law and Political Sciences/University of Duhok

Conflict Of Laws In Civil Liability Arising From Defective Products: A Comparative Analytical Study, Dr. Abdullah Fadhel Hamid, Rozhan Omar Khalid

Journal Sharia and Law

The world in the modern era is witnessing a huge upsurge in the production of goods and services on both the quantitative and qualitative levels, regarding the qualitive of the products, they have developed in two directions: in the first direction, it was able to meet the various human needs and led to the progress of human civilization in the way that humanity lives today, where abundance in the means of luxury living, in the second direction, the products have evolved in a manner that has become a threat to human life and his property. Therefore, products defects led to ...


Chief Loophole Officer Or Chief Legal Officer: Inside Lehman Brothers—A Film Case Study About Corporate And Legal Ethics, Garrick Apollon 2022 University of Ottawa's Faculty of Law & Telfer School of Management, Fellow, Hot Docs for Continuing Professional Education, Senior Fellow, Hennick Centre for Business & Law of York University

Chief Loophole Officer Or Chief Legal Officer: Inside Lehman Brothers—A Film Case Study About Corporate And Legal Ethics, Garrick Apollon

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the continuing legal education (CLE) visual advocacy documentary-style program, which Garrick Apollon (author of this Article) researched and developed. The case study for this CLE documentary-style program is the film Inside Lehman Brothers—a documentary film by Jennifer Deschamps which chronicles the story of the Lehman whistleblowers. The film presents Mathew Lee, former senior vice president overseeing Lehman’s global balance sheet; Oliver Budde, former in-house counsel (associate general counsel) of the Lehman Brothers; and the racialized female mid-tier manager whistleblowers, who all paid a steep price in the 2008 American subprime mortgage crisis, while many of ...


Anonymous Expression And "Unmasking" In Civil And Criminal Proceedings, Leeza Arbatman, John Villasenor 2022 University of Minnesota Law School

Anonymous Expression And "Unmasking" In Civil And Criminal Proceedings, Leeza Arbatman, John Villasenor

Minnesota Journal of Law, Science & Technology

No abstract provided.


Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark 2022 S.J. Quinney College of Law, University of Utah

Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark

Utah Law Faculty Scholarship

The typical American civil trial court is lawyerless. In response to the challenge of pro se litigation, scholars, advocates, judges, and courts have embraced a key solution: reforming the judge’s traditional role. The prevailing vision calls on trial judges to set aside traditional judicial passivity, simplify court procedures, and offer a range of assistance and accommodation to people without counsel.

Despite widespread support for judicial role reform, we know little of whether and how judges are implementing pro se assistance recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear – and the power ...


White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis 2022 University of Pittsburgh School of Law

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does ...


L’Utilité Du Droit Comparé (The Utility Of Comparative Law), Vivian Grosswald Curran 2022 University of Pittsburgh School of Law

L’Utilité Du Droit Comparé (The Utility Of Comparative Law), Vivian Grosswald Curran

Book Chapters

French Abstract: Cette contribution était le discours d’ouverture à la Conférence des 100 ans de l’Institut Édouard Lambert à l’Université de Lyon. Elle discute de l’utilité du droit comparé dans le monde actuel d’une perspective technique dans le cadre d’une situation aux États-Unis et d’une perspective plus politique dans le cadre d’un arrêt de la CJUE.

English Abstract: This essay was delivered as a keynote address to the conference to celebrate the 100th anniversary of the Institut Édouard Lambert at the University of Lyon. It argues for the usefulness of comparative law ...


One Vote, Two Votes, Three Votes, Four: How Ranked Choice Voting Burdens Voting Rights And More, Brandon Bryer 2021 University of Cincinnati College of Law

One Vote, Two Votes, Three Votes, Four: How Ranked Choice Voting Burdens Voting Rights And More, Brandon Bryer

University of Cincinnati Law Review

No abstract provided.


Community Empowerment In Decarbonization: Nepa’S Role, Wyatt G. Sassman 2021 University of Washington School of Law

Community Empowerment In Decarbonization: Nepa’S Role, Wyatt G. Sassman

Washington Law Review

This Article addresses a potential tension between two ambitions for the transition to clean energy: reducing regulatory red-tape to quickly build out renewable energy, and leveraging that build-out to empower low-income communities and communities of color. Each ambition carries a different view of communities’ role in decarbonization. To those focused on rapid build-out of renewable energy infrastructure, communities are a potential threat who could slow or derail renewable energy projects through opposition during the regulatory process. To those focused on leveraging the transition to clean energy to advance racial and economic justice, communities are necessary partners in the key decisions ...


Chief Justice Gants And Access To Justice: A Case Study In Leadership, Compassion, Brilliance, And Strategy, Russell Engler 2021 New England Law | Boston

Chief Justice Gants And Access To Justice: A Case Study In Leadership, Compassion, Brilliance, And Strategy, Russell Engler

Boston College Law Review

The unexpected passing of Chief Justice Ralph D. Gants was a shock to the legal community in Massachusetts and beyond. “The Chief” greatly influenced all aspects of the legal system, and devoted his life to the problems facing the administration of justice. He sought zealously to address obstacles and inadequacies in both the criminal and civil justice systems. This Article provides a perspective into the scope of his work and his philosophy through the lens of access to justice. It reviews Chief Justice Gants’s work during the last decade, with an emphasis on housing law and eviction as a ...


Remembering Chief Justice Gants As A Champion For Housing Justice, Larisa G. Bowman, Esme Caramello, Nicole Summers 2021 University of Iowa College of Law

Remembering Chief Justice Gants As A Champion For Housing Justice, Larisa G. Bowman, Esme Caramello, Nicole Summers

Boston College Law Review

In this Essay in remembrance, Professors Larisa G. Bowman, Esme Caramello, and Nicole Summers grieve the loss of Chief Justice Ralph D. Gants: a past, present, and future champion for housing justice. Housing as an area of unmet civil legal need occupied his final thoughts; he called it “the greatest access to justice challenge of our lifetime.” This Essay charts Chief Justice Gants’s evolution in becoming a champion for housing justice. Part I discusses his early housing-related judicial opinions as well as the exposure to housing issues he gained as Co-Chair of the Massachusetts Access to Justice Commission. Part ...


Survey Of State Laws Governing Continuances And Stays In Eviction Proceedings, Ryan Sullivan 2021 University of Nebraska-Lincoln

Survey Of State Laws Governing Continuances And Stays In Eviction Proceedings, Ryan Sullivan

College of Law, Faculty Publications

The Survey contains both a cumulative and detailed account of the laws and rules of each state governing continuances, adjournments, and stays in residential eviction proceedings. The Survey compares the laws of each state on several aspects, including the standard for obtaining a continuance, the allowable length of the continuance, whether a bond must be paid, and any other restriction or limitation placed on the party seeking to continue an eviction proceeding. The Survey also includes a listing of state statutes that provide a residential tenant a right to redeem the property upon payment of rent prior to the execution ...


Parental Leave Policy And It's Impacts On Educators In Public Schools., Tahy Addison 2021 Kennesaw State University

Parental Leave Policy And It's Impacts On Educators In Public Schools., Tahy Addison

Symposium of Student Scholars

Parental Leave and it’s impacts on educators within public schools. Tahy Addison Candidate for the B.S. in Human Services with a concentration in Nonprofit Management and Social Innovation Department of Social Work and Human Services

Dr. Jennifer A. Wade-Berg, Research Mentor

Abstract

Public Law 103-3 cited as the Family and Medical leave Act of 1993, was enacted to grant family and temporary medical leave under certain circumstances. The Family Medical Leave Act (FMLA) was created for Americans who feel that their career takes valuable time away from their children and loved ones. FMLA allows eligible employees up to ...


Pemenuhan Hak Konstitusional Untuk Warga Negara Indonesia Melalui Program Perhutanan Sosial, Yusuf Adiwinata Damanhuri 2021 Universitas Indonesia

Pemenuhan Hak Konstitusional Untuk Warga Negara Indonesia Melalui Program Perhutanan Sosial, Yusuf Adiwinata Damanhuri

Dharmasisya

Social Forestry as a forest management system based on the independence and participation of local communities, ensuring the participation of the community's direct role in forest development can provide maximum benefits to local communities and indigenous peoples. Indonesia, as one of the countries that began to initiate social forestry programe, through the ministry of Environment and Forestry of the Republic of Indonesia, has provided legal certainty for the local community and indigenous people to obtain forest access as requested. Various types of social forestry schemes, namely Village Forests, Customary Forests, Community Plantation Forests, Community Forests, Community Forests, and Forestry ...


Tinjauan Yuridis Perbuatan Melawan Hukum Terhadap Cacat Badan Di Indonesia, Yulianto Manurung 2021 Universitas Indonesia

Tinjauan Yuridis Perbuatan Melawan Hukum Terhadap Cacat Badan Di Indonesia, Yulianto Manurung

Dharmasisya

One of the categories of acts against the law stipulated in Article 1365 to 1380 of the Civil Code is an unlawful act that causes bodily defects as stipulated in Article 1371 of the Civil Code What often causes problems in practice is the calculation of the amount of material compensation that must be given to victims who have disabilities as a result of unlawful acts because the Civil Code does not provide clear and complete benchmarks regarding this matter. Arrangements regarding compensation to victims of acts against the law especially those that cause bodily disabilities for the victim have ...


Indikasi Predatory Pricing Pada Praktik Perang Harga Antara Pelaku Usaha Financial Technology (Fintech) Ditinjau Berdasarkan Hukum Persaingan Usaha Di Indonesia, Yohanna Ameilya Panjaitan 2021 Universitas Indonesia

Indikasi Predatory Pricing Pada Praktik Perang Harga Antara Pelaku Usaha Financial Technology (Fintech) Ditinjau Berdasarkan Hukum Persaingan Usaha Di Indonesia, Yohanna Ameilya Panjaitan

Dharmasisya

The rapid development of the digital world has opened wider networks for the formation of the global economy, which has also led to the emergence of various business transactions involving many financial technology-based financial companies (Fintech), which provide services similar to banking functions. Fintech is expected to drive the industrial revolution in the form of online digital technology, which is based on new technology that will change the entire production and management chain in each branch of industry. The Fintech company is growing rapidly and significantly in Indonesia, where the Fintech sub-sector is seen to flourish, namely lending and e-wallet ...


Tinjauan Yuridis Peran Pt Kliring Penjaminan Efek Indonesia Sebagai Central Counter Party Untuk Transaksi Derivatif Suku Bunga Dan Nilai Tukar Over The Counter, Yofi Satriya Wijaya 2021 Universitas Indonesia

Tinjauan Yuridis Peran Pt Kliring Penjaminan Efek Indonesia Sebagai Central Counter Party Untuk Transaksi Derivatif Suku Bunga Dan Nilai Tukar Over The Counter, Yofi Satriya Wijaya

Dharmasisya

The role of the Central Counter Party (CCP) in financial transactions, especially in the derivatives market, is the concern and commitment of G20 member countries including Indonesia to be implemented due to the global crisis in 2008-2010. Derivatives have an important role as an alternative investment and funding as well as hedging for investors against the risk of changes in the price of financial assets that can’t be predicted so that puts investors in a loss position. However, derivatives can also have a negative impact if the implementation is done improperly so that it has an impact on financial ...


Penanganan Dan Penyelesaian Unclaimed Assets Di Pasar Modal Indonesia, Yanu Suwandika Menoadji 2021 Universitas Indonesia

Penanganan Dan Penyelesaian Unclaimed Assets Di Pasar Modal Indonesia, Yanu Suwandika Menoadji

Dharmasisya

In other countries, the handling and settlement of Unclaimed Assets has been regulated separately in an Act. In Indonesia, the handling and settlement of Unclaimed Assets has been regulated in the Civil Code (KUHPerd), including the regulation regarding Afwezigheid, namely the handling of property of someone who has left his domicile and whose existence is unknown and does not give power to any party to take care of the treasure. However, the provisions in the KUHPerd do not have economic value for related parties if applied in the Capital Market industry. One of the things that takes precedence in handling ...


Potensi Sumber Pembiayaan Alternatif Dalam Pembangunan Bandar Antariksa Indonesia, Yanita Thressia 2021 Universitas Indonesia

Potensi Sumber Pembiayaan Alternatif Dalam Pembangunan Bandar Antariksa Indonesia, Yanita Thressia

Dharmasisya

Indonesia targeted to have fully operational space launch in 2040 to support research and development of satellite launch technology. Biak Island has been chosen as Indonesian’s first space launch after depth research done by National Institute of Aeronautics and Space as implementing agency in space affairs. State budget allocation of LAPAN couldn’t accommodate the space launch establishment cost. Indonesian need to find alternate resource of fund rather use of state budget. Public private partnership became an option of alternative financing that growing in space industries.

Keywords: space launch, public private partnership, infrastructure financing


Peraturan Mahkamah Agung Republik Indonesia Nomor 13 Tahun 2016 Tentang Tata Cara Penanganan Perkara Tindak Pidana Oleh Korporasi; Solusi Sementara Upaya Meminta Pertanggungjawaban Pidana Korporasi, Wahyu Prestianto 2021 Universitas Indonesia

Peraturan Mahkamah Agung Republik Indonesia Nomor 13 Tahun 2016 Tentang Tata Cara Penanganan Perkara Tindak Pidana Oleh Korporasi; Solusi Sementara Upaya Meminta Pertanggungjawaban Pidana Korporasi, Wahyu Prestianto

Dharmasisya

The desire of the community so that corporations in Indonesia can be held liable today seems to have been granted with the imposition of crimes against several corporations in Indonesia. This was realized with the issuance of the Indonesian Supreme Court Regulation No. 13 of 2016 concerning Procedures for Handling Criminal Acts by Corporations that is said have filled the vacuum of Indonesian criminal procedure law, which had been said to be an inhibiting factor in corporate action by law enforcement officials. It is important to discuss what are the obstacles to the prosecution process of the corporation and whether ...


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