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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 ...


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.


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.


Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson 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, Nicholas Carlson 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?, Renzo E. Saavedra Velazco 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, Kaoru Suzuki 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, Nicholas Caivano 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 ...


Of Trees, Vegetation, And Torts: Re-Conceptualizing Reasonable Land Use, L. Daniel Bidwell 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, Katharine T. Schaffzin 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 ...


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 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 ...


Restatements And Non-State Codifications Of Private Law, Deborah A. DeMott 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 ...


Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability, Donald G. Gifford, Christopher J. Robinette 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 ...


Measuring The Transplantation Of English Commercial Law In A Small Jurisdiction: An Empirical Study Of Singapore’S Insurance Judgments Between 1965 And 2012, Chao-Hung Chen 2014 Singapore Management University

Measuring The Transplantation Of English Commercial Law In A Small Jurisdiction: An Empirical Study Of Singapore’S Insurance Judgments Between 1965 And 2012, Chao-Hung Chen

Research Collection School Of Law

This article seeks to measure the development of law after transplanting common law and statutes from another country by conducting an empirical study of the citation of precedents and demography of disputes of insurance cases in Singapore. This article recognizes that there are justifications for Singapore to transplant English insurance law. However, this research shows that the transplantation of English commercial law into a small jurisdiction, even within the common law family, may cause the law to be in a static state if courts do not have enough cases to maintain the development of law or to consider new development ...


Attribution Of Liability For Workplace Injuries Caused By Non-Employees- Recent Developments In The Law Of Non-Delegable Duty, Neil J. Foster 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, Melissa Waite 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, Nuno Garoupa, Carlos I. Gómez Ligüerre 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, Lennon Banks Haas 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.


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