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Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. McCall 2015 University of Oklahoma College of Law

Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall

Brian M McCall

Many politicians and commentators agree that credit default swaps (CDS) played a significant role in the financial crisis of 2008. Yet, few who observe this role are aware that CDS were set loose on the economy by the federal pre-emption of thousands of years of public policy. Since the time of Aristotle law, philosophy and public policy have been hostile to gambling. Viewed as a socially unproductive zero sum wealth transfer, the law has generally refused to permit parties to use the courts to enforce wagers. Courts and legislatures worked in harmony to control and in some cases punish financial ...


La Patrimonialidad De La Prestación En Los Contratos: Una Revisión Histórica-Comparada, joshimar de la cruz aroni 2014 SelectedWorks

La Patrimonialidad De La Prestación En Los Contratos: Una Revisión Histórica-Comparada, Joshimar De La Cruz Aroni

Joshimar De la cruz Aroni

Comparative Law


A Comparative Study Of The Distribution Of Ownership Rights In Property In An Apartment Or Condominium Scheme In Common Law, Civil Law And Mixed Law Systems, C.G. van der Merwe 2014 University of Georgia School of Law

A Comparative Study Of The Distribution Of Ownership Rights In Property In An Apartment Or Condominium Scheme In Common Law, Civil Law And Mixed Law Systems, C.G. Van Der Merwe

Georgia Journal of International & Comparative Law

No abstract provided.


What Is In A Name: Why The European Same-Sex Partnership Acts Create A Valid Marital Relationship, Edward Brumby 2014 University of Georgia School of Law

What Is In A Name: Why The European Same-Sex Partnership Acts Create A Valid Marital Relationship, Edward Brumby

Georgia Journal of International & Comparative Law

No abstract provided.


Subordinate Or Independent, Status Or Contract, Clarity Or Circularity: British Employment Law, American Implications, Harry Hutchison 2014 University of Georgia School of Law

Subordinate Or Independent, Status Or Contract, Clarity Or Circularity: British Employment Law, American Implications, Harry Hutchison

Georgia Journal of International & Comparative Law

No abstract provided.


The Parol Evidence Rule: A Comparative Study Of The Common Law, The Civil Law Tradition, And Lex Mercatoria, Alberto Luis Zuppi 2014 University of Georgia School of Law

The Parol Evidence Rule: A Comparative Study Of The Common Law, The Civil Law Tradition, And Lex Mercatoria, Alberto Luis Zuppi

Georgia Journal of International & Comparative Law

No abstract provided.


Rethinking Constitutional Review In America And The Commonwealth: Judicial Protection Of Human Rights In The Common Law World, Po Jen Yap 2014 University of Georgia School of Law

Rethinking Constitutional Review In America And The Commonwealth: Judicial Protection Of Human Rights In The Common Law World, Po Jen Yap

Georgia Journal of International & Comparative Law

No abstract provided.


Technology And Family Law Hearings, Ron S. Foster, Lianne M. Cihlar 2014 Western University

Technology And Family Law Hearings, Ron S. Foster, Lianne M. Cihlar

Western Journal of Legal Studies

Technological innovations are changing the practice of law. Lawyers need to be aware of both the advantages of new technologies and the novel concerns that arise in the digital age. This article discusses eight issues that lawyers should be aware of with respect to technological advances within the legal field: (1) cloud technology, (2) the privacy implications that arise from new technology, (3) data storage technology, (4) electronic trials and hearings, (5) demonstrative evidence, (6) digital exhibit books, (7) internet searches and witnesses, and (8) video conference testimony.


Qualified Immunity And Statutory Interpretation, Ilan Wurman 2014 Seattle University School of Law

Qualified Immunity And Statutory Interpretation, Ilan Wurman

Seattle University Law Review

Before the 1989 case of Graham v. Connor, excessive force cases were pursued under either state law or the insuperable “shocks the conscience” test of the Fourteenth Amendment. Only after Graham did excessive force cases—now under the Fourth Amendment and 42 U.S.C. § 1983—inundate the federal courts, which had by then granted far-reaching immunities to officers for their constitutional torts. As a result of federal qualified immunity doctrine, which many states have adopted for themselves, excessive force cases rarely get to trial, plaintiffs often cannot recover, and courts struggle to find principled distinctions from one qualified immunity ...


Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña 2014 Western University

Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña

Western Journal of Legal Studies

Canadian mining corporations operating abroad represent a challenge to the international legal system and Canadian legal system in the field of human rights. Currently, there are no legal mechanisms available to ensure that these corporations abide by international standards and voluntary codes. For this reason, some argue that Canadian courts should be more active in holding Canadian companies accountable for the human rights violations of their affiliates operating abroad. The recent Ontario Superior Court of Justice decision of Choc v Hudbay Minerals suggests that for the first time, a Canadian court is ready to play a regulatory role in preventing ...


Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner 2014 University of Georgia School of Law

Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner

Georgia Journal of International & Comparative Law

No abstract provided.


A Funhouse Mirror Of Law: The Entailment In Jane Austen's Pride And Prejudice, Peter A. Appel 2014 University of Georgia School of Law

A Funhouse Mirror Of Law: The Entailment In Jane Austen's Pride And Prejudice, Peter A. Appel

Georgia Journal of International & Comparative Law

No abstract provided.


Structure And Value In The Common Law, Shyamkrishna Balganesh, Gideon Parchomovsky 2014 University of Pennsylvania Law School

Structure And Value In The Common Law, Shyamkrishna Balganesh, Gideon Parchomovsky

Faculty Scholarship

Legal concepts are seen today as archaic relics of the past, and as representing a largely dispensable feature of the common law. This Article challenges the widely accepted view of legal concepts as remnants of formalist thinking, and argues that legal concepts play a crucial role in ensuring the vitality and subsistence of the common law over time, place, and context. Legal concepts embody what we term “a duality of meaning,” which effects a separation between a concept’s analytical and normative meanings. The analytical (or structural) meaning of a concept is, at its core, well-defined and remains stable over ...


Dynamic Common Law And Technological Change: The Classification Of Bitcoin, Shawn Bayern 2014 Washington and Lee University School of Law

Dynamic Common Law And Technological Change: The Classification Of Bitcoin, Shawn Bayern

Washington and Lee Law Review Online

Most legal analysis of Bitcoin has addressed public-law and regulatory matters, such as taxation, securities regulation, and money laundering. This essay considers some questions that Bitcoin raises from a private-law perspective, and it aims to show that technological innovation may highlight problems with conceptualistic, classical rules of private law.


Summary Of Greenberg Traurig, Llp V. Frias Holding Company, 130 Nev. Adv. Op. 67, Tom Stewart 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Greenberg Traurig, Llp V. Frias Holding Company, 130 Nev. Adv. Op. 67, Tom Stewart

Nevada Supreme Court Summaries

The Court adopted an exception to the common law litigation privilege for legal malpractice and professional negligence actions. A client can pursue malpractice and professional negligence actions against an attorney, and support those actions with communications made in the course of litigation.


Summary Of State V. White, 130 Nev. Adv. Op. 56, Michael Bowman 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of State V. White, 130 Nev. Adv. Op. 56, Michael Bowman

Nevada Supreme Court Summaries

The Court determined whether a person could burglarize his or her own home.


What Has Sharia Got To Do With Arbitration, Mohamed Raffa 2014 SelectedWorks

What Has Sharia Got To Do With Arbitration, Mohamed Raffa

Mohamed Raffa Dr.

In Arbitration, parties do not seek revenge as in criminal proceedings, they are there to seek equitable justice in compensation. In Sharia, rules are set to eliminate equitable injustice. For cultural differences as well as misconceptions due in large to the influence of Sharia based local laws and the complicated enforcement schemes, many foreign investors have been reluctant to seat their arbitrations in countries that apply Sharia or to attach themselves to a contract with a ‘Sharia Arbitration’ clause.


Liberalism And The Private Law Of Property, Hanoch Dagan 2014 BLR

Liberalism And The Private Law Of Property, Hanoch Dagan

Tel Aviv University Law Faculty Papers

This Essay reviews Alan Brudner’s neo-Hegelian theory of property. It critically analyzes Brudner’s conceptualization of the moral significance of property for private sovereignty, his understanding of the relationship between individual independence and self-determination, and his account of what makes private law private. I argue that Brudner is wrong on all three fronts and, furthermore, criticize his account of the market’s putative legitimation of property and public law’s alleged amelioration of the injustices entailed by a private law libertarian scheme.

Notwithstanding these failures, I salute Brudner’s ambitious and provocative project not only due to its many ...


The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein 2014 Touro College Jacob D. Fuchsberg Law Center

The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein

Touro Law Review

No abstract provided.


Changing Tides: The Introduction Of Punitive Damages Into The French Legal System, Matthew K.J. Parker 2014 University of Georgia School of Law

Changing Tides: The Introduction Of Punitive Damages Into The French Legal System, Matthew K.J. Parker

Georgia Journal of International & Comparative Law

No abstract provided.


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