Open Access. Powered by Scholars. Published by Universities.®

Civil Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2,993 Full-Text Articles 2,176 Authors 1,285,583 Downloads 167 Institutions

All Articles in Civil Law

Faceted Search

2,993 full-text articles. Page 1 of 96.

Champions For Justice 2020, Roger Williams University School of Law 2020 Roger Williams University

Champions For Justice 2020, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


2020 Mlk Keynote Address: Michelle Alexander Presentation, Center for Social Equity & Inclusion, Michelle Alexander, Rosanne Somerson, Matthew Shenoda 2020 Rhode Island School of Design

2020 Mlk Keynote Address: Michelle Alexander Presentation, Center For Social Equity & Inclusion, Michelle Alexander, Rosanne Somerson, Matthew Shenoda

Martin Luther King, Jr. Series

2020 MLK Series Keynote Michelle Alexander brings audiences profoundly necessary and meaningful insights on the practice of mass incarceration that plagues the US justice system, as well as eye-opening conversation on how we can end racial caste in America. Lecture Wednesday, January 22, 2020 at 5:30pm, RISD Auditorium, 17 Canal Walk, Providence, RI.

In her acclaimed bestseller The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Alexander peels back the curtain on systemic racism in the US prison system in a work that the New York Review of Books describes as "striking in the intelligence of her ...


Chandra V. Schulte, 135 Nev. Adv. Op. 66 (December 26, 2019), Michael Desmond 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Chandra V. Schulte, 135 Nev. Adv. Op. 66 (December 26, 2019), Michael Desmond

Nevada Supreme Court Summaries

The Court determined that (1) the spousal exception bars recovery from the Nevada Real Estate Education, Research and Recovery Fund (“Fund”) for fraud incurred during the period of the marriage and (2) where a spouse co-owned the defrauded property, the surviving spouse may not recover from the Fund.


Toll V. Dist. Ct. (Gilman), 135 Nev., Advanced Opinion 58 (December 5, 2019), Gabrielle Boliou 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Toll V. Dist. Ct. (Gilman), 135 Nev., Advanced Opinion 58 (December 5, 2019), Gabrielle Boliou

Nevada Supreme Court Summaries

A blogger claimed that his sources are protected under NRS 49.275. The court held that digital media is protected, but did not address whether a blogger is protected. The district court did not err in allowing discovery to determine whether the blogger acted with actual malice.


Rosen V. Tarkanian, 135 Nev. Adv. Op. 15 (December 12, 2019), Andrew Brown 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Rosen V. Tarkanian, 135 Nev. Adv. Op. 15 (December 12, 2019), Andrew Brown

Nevada Supreme Court Summaries

This issue was whether several of Jacky Rosen’s statements about Danny Tarkanian made during her political campaign constituted defamation. The Court determined that Rosen’s political statements were made in good faith and, therefore, the case was reversed and remanded with instructions for the district court to grant the special motion to dismiss.


In Re Application Of Finley, Nevada Ct. App., No. 76715-Coa (July 25, 2019), Ben Coonan 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

In Re Application Of Finley, Nevada Ct. App., No. 76715-Coa (July 25, 2019), Ben Coonan

Nevada Supreme Court Summaries

The court found that the lower court had erroneously applied the incorrect statute in determining the requisite waiting period to file an application to seal records, and reversed and remanded with instructions for the lower court to apply the updated statute. The court found Finley’s argument – that a later court is prohibited from considering that conviction in an application to seal further records once record of a conviction has been sealed – without merit because statutory language expressly permits courts to consider sealed records in future applications.


Superseding Money Judgments In Texas: Four Proposed Reforms To Help The Business Litigant And To Further Improve The Texas Civil Justice System, James Holmes 2020 Holmes PLLC

Superseding Money Judgments In Texas: Four Proposed Reforms To Help The Business Litigant And To Further Improve The Texas Civil Justice System, James Holmes

St. Mary's Law Journal

Abstract forthcoming.


On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler 2020 Phyllis Chesler Organization

On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Jury Trial Disparities Between Class Actions And Shareholder Derivative Actions In State Courts, Ann M. Scarlett 2020 University of Oklahoma College of Law

Jury Trial Disparities Between Class Actions And Shareholder Derivative Actions In State Courts, Ann M. Scarlett

Oklahoma Law Review

No abstract provided.


Assessment Of The Role Of The Nigerian Police Force In The Promotion And Protection Of Human Rights In Nigeria, Dr. Ndubuisi J. Madubuike-Ekwe, Dr. Olumide K. Obayemi 2019 Golden Gate University School of Law

Assessment Of The Role Of The Nigerian Police Force In The Promotion And Protection Of Human Rights In Nigeria, Dr. Ndubuisi J. Madubuike-Ekwe, Dr. Olumide K. Obayemi

Annual Survey of International & Comparative Law

This article examines the role of the Nigerian Police Force in the promotion and protection of human rights in Nigeria. It discusses the concept of human rights under international and domestic law. It highlights the powers of the Nigerian Police Force under the Police Act and the Administration of Criminal Justice Act, 2015 and observes that although the police use discretion to support human rights, it is the abuse of the discretion and power that results in violation of human rights of citizens. This article identifies the rights most subjected to abuse by the police as the right to life ...


Reframing The Punishment Test Through Modern Sex Offender Legislation, Jane Ramage 2019 Fordham University School of Law

Reframing The Punishment Test Through Modern Sex Offender Legislation, Jane Ramage

Fordham Law Review

Modern sex offender registration and notification laws blur the distinction between criminal and civil law. Despite being labeled as civil regulatory schemes, these laws impose severe burdens on personal liberty—burdens that we tend to associate with criminal punishment. In 2003, the U.S. Supreme Court determined that at least one sex offender registration and notification program functioned as a civil remedy rather than a criminal sanction. In upholding the Alaska Sex Offender Registration Act, the Supreme Court held that the burdens imposed by the statute did not impose additional punishment on registered sex offenders and thus did not trigger ...


Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq 2019 Brooklyn Law School

Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq

Journal of Law and Policy

This Article introduces an underappreciated space in which protected health information (“PHI”) remains largely unprotected, a fact that will become only more problematic as clinical medicine increasingly turns to genomics. The past decade has seen significant advances in the prevention of birth defects, especially with the introduction of clinical preconception, prenatal, and neonatal genomic sequencing. Parental access to the results of embryonic and fetal clinical sequencing is critical to reproductive autonomy; results can provide parents with important considerations in determining whether to seek or avoid conception, as well as in deciding whether to carry a pregnancy to term. The information ...


Law School News: Grappling With Law On Campus Sexual Misconduct 11-08-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: Grappling With Law On Campus Sexual Misconduct 11-08-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Law School News: Logan To Serve As Adviser On Restatement Third Of Torts 11-07-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: Logan To Serve As Adviser On Restatement Third Of Torts 11-07-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


American Legion V. American Humanist Association, Seth T. Bonilla 2019 Alexander Blewett III School of Law at the University of Montana

American Legion V. American Humanist Association, Seth T. Bonilla

Public Land & Resources Law Review

The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.


Star Financial Services, Inc. V. Cardtronics Usa, Inc., Nancy A. Maurice 2019 Louisiana State University Law Center

Star Financial Services, Inc. V. Cardtronics Usa, Inc., Nancy A. Maurice

Journal of Civil Law Studies

No abstract provided.


French Jurisdictional Complexity On The Fringe— Acadia 1667-1710, Jacques Vanderlinden 2019 Louisiana State University Law Center

French Jurisdictional Complexity On The Fringe— Acadia 1667-1710, Jacques Vanderlinden

Journal of Civil Law Studies

During the second half of the 17th century of French formally institutionalized colonial power in Acadia, the province was in an interesting state of jurisdictional complexity insofar as French colonists were concerned. While native Amerindians, mostly Malecites and Micmawqs, carried their precolonial political order and jurisdictional organisation without almost any interference of the colonial power, imported normative systems derived from feudalism, the Catholic Church, French colonial order, French provincial customs and family organisation were juxtaposed and interacted, each of them were a well-known part of the Western legal tradition. Yet—and this is the most interesting—the state power, which ...


From La Beauce To Le Bayou: A Transsystemic Voyage, Rosalie Jukier 2019 Louisiana State University Law Center

From La Beauce To Le Bayou: A Transsystemic Voyage, Rosalie Jukier

Journal of Civil Law Studies

This paper is an adaptation of the Tucker Lecture that I delivered in October of 2017. Its title depicts two iconic places, one in the Canadian province of Quebec, from where I hail, and the other in Louisiana, the locale of my audience. La Beauce, an enchanting part of Quebec, stretches along the Chaudière River and is located about thirty minutes south of Quebec City. Le Bayou refers to the low-lying wetlands found primarily in the southern part of Louisiana, a defining feature of this part of the United States.

In this paper, I attempt to guide an allegorical voyage ...


Cover, Masthead & Contents, 2019 Louisiana State University Law Center

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


Developing The Civil Law Of Incorporeal Things, Ricardo Bethencourt, Aniceto Masferrer 2019 Louisiana State University Law Center

Developing The Civil Law Of Incorporeal Things, Ricardo Bethencourt, Aniceto Masferrer

Journal of Civil Law Studies

This article offers the legal profession a method to effectuate on behalf of authors, designers, or inventors who are residents of Louisiana (or for Louisiana transactions) the rights recognized by federal law on intellectual property (IP) and unfair competition by activating the civil law on incorporeal things. Additionally, it offers a way to enhance the civil law practitioners’ stock of solutions with the regular notions of property, contracts, and torts in IP and unfair competition law for fascinating results. Also, it enables civil law academia to teach IP and unfair competition law through regular courses such as property, contracts, and ...


Digital Commons powered by bepress