St. John's University School of Law
Washington University School of Law
Berkeley Law
Fordham Law School
Washington and Lee University School of Law
Maurer School of Law: Indiana University
Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse,
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 ...
Summary Of State V. White, 130 Nev. Adv. Op. 56,
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,
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.
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law,
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,
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.
Judicial Influence And The United States Federal District Courts: A Case Study,
2014
University of Tennessee, Knoxville
Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson
University of Tennessee Honors Thesis Projects
No abstract provided.
Taxing Judicial Restraint: How Washington's Supreme Court Misinterpreted Its Role And The Washington State Constitution,
2014
Seattle University School of Law
Taxing Judicial Restraint: How Washington's Supreme Court Misinterpreted Its Role And The Washington State Constitution, Nicholas Carlson
Seattle University Law Review
In the realm of constitutional interpretation, the judicial department reigns supreme. League of Education Voters v. State exemplifies the judiciary’s potential abuse of its interpretative role: The Washington Supreme Court misinterpreted its judicial function because it ignored the text of Washington State’s constitution and held a statute unconstitutional. The court, therefore, voided a statute because of judicial volition, not because Washington’s constitution demanded that outcome. This Note challenges the reasoning in League and makes a novel suggestion for Washington State constitutional analysis, an approach that may apply to other states. This Note details a new analytical framework ...
¿La Noción De Contrato Es Homogénea?,
2014
Latin American and Caribbean Law and Economics Association
¿La Noción De Contrato Es Homogénea?, Renzo E. Saavedra Velazco
Renzo E. Saavedra Velazco
No abstract provided.
The Role Of Nuisance In The Developing Common Law Of Hydraulic
Fracturing,
2014
Boston College Law School
The Role Of Nuisance In The Developing Common Law Of Hydraulic Fracturing, Kaoru Suzuki
Boston College Environmental Affairs Law Review
In 2012, the oil and gas industry created more than 1.2 million jobs. The industry expects this number to increase to more than 2.3 million in 2035 and expects revenues to exceed $1.9 trillion from 2012 to 2035. The development of hydraulic fracturing technology, a process by which natural gas under shale formations can be extracted, has allowed the oil and gas industry to experience this exponential growth. The economic benefits of hydraulic fracturing comes at a cost. Residents of Pennsylvania, Texas, and Ohio, among other states, have begun to experience the environmental harms and effects of ...
Conceptualizing Capacity: Interpreting Canada’S Qualified Ratification Of Article 12 Of The Un Disability Rights Convention,
2014
Western University
Conceptualizing Capacity: Interpreting Canada’S Qualified Ratification Of Article 12 Of The Un Disability Rights Convention, Nicholas Caivano
Western Journal of Legal Studies
During the negotiations leading up to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), States Parties vigorously debated the scope of Article 12, which establishes legal capacity for persons with disabilities “on an equal basis with others in all aspects of life.” The ambiguity of Article 12 has led to many interpretations that have been the subject of debate among human rights activists and academics. Developments in the jurisprudence and legislative reforms across several jurisdictions indicate that governments and courts have begun to grapple with what recognizing the right to legal capacity for persons with disabilities ...
Restatements And Non-State Codifications Of Private Law,
2014
Duke Law
Restatements And Non-State Codifications Of Private Law, Deborah A. Demott
Faculty Scholarship
This paper offers a vantage point through which to assess the phenomenon of projects codifying private law that are undertaken by private persons or institutions, distinct from legislatures and state-sponsored codification and law-revision projects. The private institution on which this paper focuses is the American Law Institute (ALI). ALI works in statutory form—most notably the Uniform Commercial Code and the Model Penal Code—as well as through projects that generate “Principles” to guide legal development within their specific fields and “Restatements” that authoritatively cover the law in a field.
The history of the Restatements sketched in this essay fits ...
Of Trees, Vegetation, And Torts: Re-Conceptualizing Reasonable Land Use,
2014
The Catholic University of America, Columbus School of Law
Of Trees, Vegetation, And Torts: Re-Conceptualizing Reasonable Land Use, L. Daniel Bidwell
Catholic University Law Review
No abstract provided.
Sweet Caroline: The Backslide From Federal Rule Of Evidence 613(B) To The Rule In Queen Caroline's Case,
2014
University of Michigan Law School
Sweet Caroline: The Backslide From Federal Rule Of Evidence 613(B) To The Rule In Queen Caroline's Case, Katharine T. Schaffzin
University of Michigan Journal of Law Reform
Since 1975, Rule 613(b) of the Federal Rules of Evidence has governed the admission of extrinsic evidence of a prior inconsistent statement in federal court. Rule 613(b) requires the proponent of the prior inconsistent statement to provide the declarant an opportunity to explain or deny it. There is no requirement that the proponent provide that opportunity at any particular time or in any particular sequence. Rule 613 reflected a change from the common law that had fallen out of fashion in the federal courts. That common law rule, known as the Rule in Queen Caroline’s Case, required ...
Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability,
2014
University of Maryland Francis King Carey School of Law
Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability, Donald G. Gifford, Christopher J. Robinette
Faculty Scholarship
The Article presents a comprehensive proposal for assigning liability in tort cases according to the parties’ respective degrees of fault. The authors criticize the Court of Appeals of Maryland’s recent decision in Coleman v. Soccer Association of Columbia declining to abrogate contributory negligence, particularly the court’s notion that it should not act because of the legislature’s repeated failure to do so. The Article provides a comprehensive analysis of the advantages and disadvantages of comparative fault, including its effect on administrative costs, claims frequency, claims severity, insurance premiums, and economic performance. The authors propose the legislative enactment of ...
Public Lands And The Federal Government’S Compact-Based “Duty To Dispose”: A Case Study Of Utah’S H.B. 148 – The Transfer Of Public Lands Act,
2014
Chapman University Dale E. Fowler School of Law
Public Lands And The Federal Government’S Compact-Based “Duty To Dispose”: A Case Study Of Utah’S H.B. 148 – The Transfer Of Public Lands Act, Donald J. Kochan
Donald J. Kochan
Recent legislation passed in March 2012 in the State of Utah — the “Transfer of Public Lands Act and Related Study,” (“TPLA”) also commonly referred to as House Bill 148 (“H.B. 148”) — has demanded that the federal government, by December 31, 2014, “extinguish title” to certain public lands that the federal government currently holds (totaling an estimated more than 20 million acres). It also calls for the transfer of such acreage to the State and establishes procedures for the development of a management regime for this increased state portfolio of land holdings resulting from the transfer. The State of Utah ...
Attribution Of Liability For Workplace Injuries Caused By Non-Employees- Recent Developments In The Law Of Non-Delegable Duty,
2013
SelectedWorks
Attribution Of Liability For Workplace Injuries Caused By Non-Employees- Recent Developments In The Law Of Non-Delegable Duty, Neil J. Foster
Neil J Foster
What I do in this paper is to open up in a fairly preliminary way an area of the law relating to attribution of liability that, while it has been around for a long time, I think is increasingly being misunderstood by scholars and the courts. I will mostly focus on the application of this principle in relation to workplace injuries, partly because that constitutes a significant area of its past and present application.
Check Fraud And The Common Law: At The Intersection Of Negligence And The Uniform Commercial Code,
2013
Boston College Law School
Check Fraud And The Common Law: At The Intersection Of Negligence And The Uniform Commercial Code, Melissa Waite
Boston College Law Review
Common law negligence claims persist in check fraud cases despite the Uniform Commercial Code’s loss allocation provisions in Articles 3 and 4. Absent an explicit preemption provision, courts disagree as to whether, when, and to what extent the Code preempts these common law claims. As a result, the courts’ varying analytical approaches to common law negligence claims often create seemingly conflicting results. This Note reviews the current loss allocation rules in check fraud scenarios and examines recent preemption case law. It argues in favor of the comprehensive rights and remedies analysis used by the majority of courts to determine ...
The Evolution Of The Common Law And Efficiency,
2013
University of Georgia School of Law
The Evolution Of The Common Law And Efficiency, Nuno Garoupa, Carlos I. Gómez Ligüerre
Georgia Journal of International & Comparative Law
No abstract provided.
Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India,
2013
University of Georgia School of Law
Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India, Lennon Banks Haas
Georgia Journal of International & Comparative Law
No abstract provided.
An All Of The Above Theory Of Legal Development,
2013
University of Florida Levin College of Law
An All Of The Above Theory Of Legal Development, Larry A. Dimatteo
Larry A DiMatteo
This paper reviews different theories of legal development in order to highlight their similarities and differences. In the end, as in contract theories, no monist view of legal development possesses the explanatory power needed to understand how law has come to be and where it may take us in the future. What we do have is a foundation built on at least two millennia of legal history. The intellectual starting point for this project is Nathan Isaacs’ unfinished work on a cycle theory of legal development. His view of legal development takes issue with Henry Sumner Maine’s thesis that ...
