U.S. Discovery And Foreign Blocking Statutes, 2016 University of Pittsburgh School of Law
U.S. Discovery And Foreign Blocking Statutes, Vivian Grosswald Curran
Articles
What is the reality between U.S. discovery and the foreign blocking statutes that impede it in France and other civil law states? How should we understand their interface at a time when companies are multinational in composition as well as in their areas of commerce? U.S. courts grapple with the challenge of understanding why they should adhere to strictures that seem to compromise constitutional or quasi-constitutional rights of American plaintiffs, while French and German lawyers and judges struggle with the challenges U.S. discovery poses to values of privacy and fair trial procedure in their legal systems. This article seeks to …
Justice And Accountability: Activist Judging In The Light Of Democratic Constitutionalism And Democratic Experimentalism, 2016 Columbia Law School
Justice And Accountability: Activist Judging In The Light Of Democratic Constitutionalism And Democratic Experimentalism, William H. Simon
Faculty Scholarship
This essay examines the charge that activist judging is inconsistent with democracy in the light of two recent perspectives in legal scholarship. The perspectives – Democratic Constitutionalism and Democratic Experimentalism – suggest in convergent and complementary ways that the charge ignores or oversimplifies relevant features of both judging and democracy. In particular, the charge exaggerates the pre-emptive effect of activist judging, and it implausibly conflates democracy with electoral processes. In addition, it understands consensus as a basis for judicial legitimacy solely in terms of pre-existing agreement and ignores the contingent legitimacy that can arise from the potential for subsequent agreement.
In Re Guardianship & Estate Of Echevarria, 132 Nev. Adv. Op. 45 (June 30, 2016), 2016 Nevada Law Journal
In Re Guardianship & Estate Of Echevarria, 132 Nev. Adv. Op. 45 (June 30, 2016), Paul George
Nevada Supreme Court Summaries
Distribution of estate funds under NRS Chapter 159 or a court’s distribution order requires a district court finding identifying the source of the funds. A valid stipulation requires mutual assent either through the presence of all interested parties or a signed writing showing the assent of the party against whom the stipulation is offered.
Credit Discrimination Based On Gender: The Need To Expand The Rights Of A Spousal Guarantor Under The Equal Credit Opportunity Act, 2016 Brooklyn Law School
Credit Discrimination Based On Gender: The Need To Expand The Rights Of A Spousal Guarantor Under The Equal Credit Opportunity Act, Allen Abraham
Brooklyn Journal of Corporate, Financial & Commercial Law
This Note focuses on the definition of “applicant” as defined in the Equal Credit Opportunity Act (ECOA) and Regulation B. Specifically, this Note explores the expanded protections offered by the ECOA to spousal guarantors, after the Federal Reserve Board (FRB) expanded the definition of “applicant” by promulgating Regulation B. However, after a circuit split, where the Eighth Circuit, in Hawkins v. Community Bank of Raymore, held that a guarantor was not an “applicant” per the ECOA’s definition and the Sixth Circuit, in RL BB Acquisition, LLC v. Bridgemill Commons Development Group, LLC, followed Regulation B’s expansion of the definition of …
Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, 2016 Brooklyn Law School
Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy
Brooklyn Journal of Corporate, Financial & Commercial Law
Whether in the form of lotto tickets or casino table games, gambling is legally permitted in some way in virtually every U.S. state. Yet, in all but a handful of jurisdictions, federal law prohibits wagering on sporting events or professional athletes in any form. Several economically challenged states, particularly New Jersey, have been trying to authorize sports gambling within their borders as a way to raise tax revenues and support their local gambling industries. While these attempts have thus far been unsuccessful, Daily Fantasy Sports have simultaneously experienced a meteoric rise, becoming a multi-billion dollar industry. This Note examines the …
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, 2015 University of Miami School of Law
"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless
Rebecca Sharpless
One Into Three: Spreading The Word, Three Into One: Creating A Civil Law System, 2015 Louisiana State University Law Center
One Into Three: Spreading The Word, Three Into One: Creating A Civil Law System, Esin Örücü
Journal of Civil Law Studies
No abstract provided.
Cover, Masthead & Contents, 2015 Louisiana State University Law Center
Invitation Au Voyage, 2015 Louisiana State University Law Center
Invitation Au Voyage, Olivier Moréteau
Journal of Civil Law Studies
No abstract provided.
Louisiana Civil Code - Code Civil De Louisiane : Book Ii – Livre Ii, 2015 Louisiana State University Law Center
Louisiana Civil Code - Code Civil De Louisiane : Book Ii – Livre Ii, Center Of Civil Law Studies
Journal of Civil Law Studies
No abstract provided.
Transatlantic Intercultural Legal Communication In The 19th Century: K.J.A. Mittermaier And The Schmidt Brothers, Carl And Gustavus, 2015 Louisiana State University Law Center
Transatlantic Intercultural Legal Communication In The 19th Century: K.J.A. Mittermaier And The Schmidt Brothers, Carl And Gustavus, Kjell A. Modéer
Journal of Civil Law Studies
No abstract provided.
“Against Interpretation”? On Global (Non-)Law, The Breaking-Up Of Homo Juridicus, And The Disappearance Of The Jurist, 2015 Louisiana State University Law Center
“Against Interpretation”? On Global (Non-)Law, The Breaking-Up Of Homo Juridicus, And The Disappearance Of The Jurist, Luca Siliquini-Cinelli
Journal of Civil Law Studies
This paper investigates the nullification of homo juridicus and the vanishing of the jurist in relation to the liberal global-order project and the emergence and spread of soft-networked channels of post-national governance. By inquiring into the shift from the individual’s active will to the sterile behavioural schemes prompted by the universalisation of liberalism and economic analysis of social interactions, it will be argued that the jurist and the (rule of) law are no longer needed in a post-national system of rational and mechanic causations. Through an analysis of Susan Sontag’s and Josef Esser’s accounts for and against the interpretative task, …
Secundum Civilis: The Constitution As An Enlightenment Code, 2015 Louisiana State University Law Center
Secundum Civilis: The Constitution As An Enlightenment Code, Derek Warden
Journal of Civil Law Studies
The American Constitution has been the subject of heated debate since its formation. This article simply introduces a new argument. It suggests that there exists a “form”1 of an Enlightenment era code, which is met by the Constitution, and that the requirements of this form can be derived from inspection of the three great codes of the time: the Prussian, the Austrian, and the French. It further notes that these requirements are (1) Roman law influence; (2) natural law influence; and (3) that they perform the same functions—they abrogate the prior laws on their respective subjects and they are “complete” …
South Africa - Trusts And The Patrimonial Consequences Of Divorce: Recent Developments In South Africa, 2015 Louisiana State University Law Center
South Africa - Trusts And The Patrimonial Consequences Of Divorce: Recent Developments In South Africa, François Du Toit
Journal of Civil Law Studies
No abstract provided.
Louisiana Property Law—The Civil Code, Cases And Commentary, 2015 Louisiana State University Law Center
Louisiana Property Law—The Civil Code, Cases And Commentary, Yaëll Emerich
Journal of Civil Law Studies
No abstract provided.
Dictionary Of The Civil Code, 2015 Louisiana State University Law Center
Dictionary Of The Civil Code, Jean-Claude Gémar
Journal of Civil Law Studies
No abstract provided.
Complete V.8 No.2, 2015 Louisiana State University Law Center
Scott V. First Jud. Dist. Ct., 131 Nev. Adv. Op. 101 (Dec. 31, 2015), 2015 Nevada Law Journal
Scott V. First Jud. Dist. Ct., 131 Nev. Adv. Op. 101 (Dec. 31, 2015), Adrian Viesca
Nevada Supreme Court Summaries
The Court determined that Carson City Municipal Code (“CCMC”) 8.04.050(1) is (1) unconstitutionally overbroad because it “is not narrowly tailored to prohibit only disorderly conduct or fighting words” and (2) vague because it lacked sufficient guidelines and gave the police too much discretion in its enforcement.
Newsroom: Logan On 2015'S Record Settlements, 2015 Roger Williams University
Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law
Life of the Law School (1993- )
Also available @ http://law.rwu.edu/story/logan-2015s-record-settlements
Newsroom: Logan On Volkswagen Emissions, 2015 Roger Williams University
Newsroom: Logan On Volkswagen Emissions, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.