Civil Law Commons^™

Recalibrating A Doctor’S Duty To Advise, Kee Yang Low

Research Collection Yong Pung How School Of Law

Section 37 of the Civil Law ActThe past two decades have witnessed significant developments in the area of a doctor’s duty to advise his patient. Whilst observers are still digesting the full implications of the Hii Chii Kok modifications to the Montgomery test, the legal position has been altered yet again, this time by the statutory addition of s 37 of the Civil Law Act. This article examines the changes and their implications.

The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley

Seattle University Law Review

Federal law 8 U.S.C. § 1324(a)(1)(A)(iii), commonly referred to as the “Alien Harboring” statute, was passed sixty-eight years ago and has been used as a weapon against immigrants and their allies. Spanning back decades, numerous scholars, alarmed by the dangerous use of the statute, have written about its muddled congressional intent and the unclear definition of “harboring.” These issues continue to be relevant and are foundational concerns with the enforcement of the harboring statute. However, in the era of President Donald J. Trump, we are faced with a new danger. We are confronted with an Administration that is ferociously anti-immigrant …

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Targeting The Texas Citizen Participation Act: The 2019 Texas Legislature's Amendments To A Most Consequential Law, Amy Bresnen, Lisa Kaufman, Steve Bresnen

St. Mary's Law Journal

Few Texas laws enacted in recent decades have had a greater impact on civil litigation or been more litigated than the Texas Citizen’s Participation Act (“TCPA”) passed in 2011. Despite its stated purpose of protecting First Amendment rights, as written, the TCPA’s seemingly limitless application confounded judges and litigants alike, causing the 86th Legislature in 2019 to pass sweeping changes to that law. The Article describes the original statute’s problematic nature, the caselaw interpreting it, and the recent changes’ legislative history and substance. The authors highlight contributions of key legislators and stakeholders. The Article’s extensive treatment of changes to key …

On The Basis Of Sex: Personal Status Law Reforms And Economic Growth, Kylie Bring

Honors Theses

The purpose of this thesis is to analyze how law reform toward gender equity has an impact on economic growth in Arab countries in the Middle East. Personal status law reform granting women economic, social, and personal freedoms is spreading across the region and showing substantial change. Using case studies of major PSL reforms in Tunisia and Morocco, this thesis outlines qualitative and quantitative evidence to support the case that gender equity benefits the economic growth of the given country.

No.50 - October 2020, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Excessive Force: Justice Requires Refining State Qualified Immunity Standards For Negligent Police Officers, Angie Weiss

Seattle University Law Review SUpra

At the time this Note was written, there was no Washington state equivalent of the § 1983 Civil Rights Act. As plaintiffs look to the Washington state courts as an alternative to federal courts, they will find that Washington state has a different structure of qualified immunity protecting law enforcement officers from liability.

In this Note, Angie Weiss recommends changing Washington state's standard of qualified immunity. This change would ensure plaintiffs have a state court path towards justice when they seek to hold law enforcement officers accountable for harm. Weiss explains the structure and context of federal qualified immunity; compares …

A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency, Tessa E. Shurr

Dickinson Law Review (2017-Present)

Today, companies use blockchain technology and digital assets for a variety of purposes. This Comment analyzes the digital token. If the Securities and Exchange Commission (SEC) views a digital token as a security, then the issuer of the digital token must comply with the registration and extensive disclosure requirements of federal securities laws.

To determine whether a digital asset is a security, the SEC relies on the test that the Supreme Court established in SEC v. W.J. Howey Co. Rather than enforcing a statute or agency rule, the SEC enforces securities laws by applying the Howey test on a fact-intensive …

Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm

Dickinson Law Review (2017-Present)

In 1890, Congress passed the Sherman Antitrust Act to protect competition in the marketplace. Federal antitrust law has developed to prevent businesses from exerting unfair power on their employees and customers. Specifically, the Sherman Act prevents competitors from reaching unreasonable agreements amongst themselves and from monopolizing markets. However, not all industries have these protections.

Historically, federal antitrust law has not governed the “Business of Baseball.” The Supreme Court had the opportunity to apply antitrust law to baseball in Federal Baseball Club, Incorporated v. National League of Professional Baseball Clubs; however, the Court held that the Business of Baseball was not …

It Is Time To Get Back To Basics On The Border, Donna Coltharp

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

The Standing Of Article Iii Standing For Data Breach Litigants: Proposing A Judicial And A Legislative Solution, Devin Urness

Vanderbilt Law Review

Data breaches are not going away. Yet victims still face uncertainty when deciding whether and where to file cases against companies or other institutions that may have mishandled their information. This is especially true if the victims have not yet experienced a financial harm, like identity theft, as a result of a data breach. Much of the uncertainty revolves around the standing doctrine and the Supreme Court’s guidance (or lack thereof) on what constitutes a substantial risk of harm sufficient to establish an injury in fact. Federal circuit courts have come to divergent results in data breach cases based on …

The Encyclopedist Code: Ancien Droit Legal Encyclopedias And Their Verbatim Influence On The Louisiana Digest Of 1808, Seth S. Brostoff

Journal of Civil Law Studies

This Article identifies nearly one hundred articles and provisions in Louisiana’s first civil code, the Digest of 1808, which were copied verbatim or almost verbatim (that is, literally or almost literally) from three French legal encyclopedias popular during the Ancien Régime: Lerasle’s Encyclopédie méthodique: Jurisprudence (8 vols., 1782–89), Jean-Baptiste Denisart’s Collection de décisions nouvelles (1st ed., 6 vols., 1754–56), and Joseph-Nicolas Guyot’s Répertoire de jurisprudence (2d ed., 17 vols., 1784–85). As the Appendix indicates, verbatim and almost verbatim extracts from Lerasle, Denisart, and Guyot constitute approximately five per cent of the Digest’s source material. This Article therefore serves as a …

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

The European Court Of Justice At Work: Comparative Law On Stage And Behind The Scenes, Michele Graziadei

Journal of Civil Law Studies

The European Court of Justice (ECJ) has often been hailed as an engine of European integration. Entrusted with the task of securing the uniform interpretation of the law of the European Union—among other functions—the ECJ makes use of comparative law for a variety of purposes. The very composition of the Court and its peculiar linguistic regime make the Court a major comparative law laboratory. Under the Treaties, the Court is explicitly authorised to resort to comparative law as a method of judicial interpretation with regard to certain aspects of European law. But comparative law is an essential tool for the …

Medical Civil Liability Without Deterrence: Preliminary Remarks For Future Research, Emiliano Marchisio

Journal of Civil Law Studies

The traditional deterrence-based paradigm of civil liability may be understood as indirect market regulation, as the risk of incurring liability for damages provides an incentive to invest in safety. Such an approach, however, has proven to be inappropriate in medical civil liability. Extensive literature shows that the increase in the asymmetric protection of patients by extending medical civil liability beyond a certain limit does not improve safety; instead, that strategy determines the adoption of “defensive” techniques (the so-called “defensive medicine”). Paradoxically, this approach leads to a reduction in market efficiency and overall patient safety. The traditional paradigm of medical civil …

Colloquium : The Opportunities Of Distance Teaching

Journal of Civil Law Studies

No abstract provided.

A Brief Introduction To The Louisiana Civil Code Spanish Translation Project, Mariano Vitetta

Journal of Civil Law Studies

No abstract provided.

Louisiana Civil Code -- Código Civil De Luisiana

Journal of Civil Law Studies

No abstract provided.

Radcliffe V. Burger, Jessica Brewer

Journal of Civil Law Studies

No abstract provided.

Rodrigo Momberg & Stefan Vogenauer (Eds.), The Future Of Contract Law In Latin America: The Principles Of Latin American Contract Law, Alberto L. Zuppi

Journal of Civil Law Studies

No abstract provided.