Finding Common Law Duty Of Care From Statutory Duties: All Within The Anns Framework, 2017 Singapore Management University
Finding Common Law Duty Of Care From Statutory Duties: All Within The Anns Framework, Chan, Gary Kok Yew
Research Collection School Of Law
This paper examines the relationship between statutory duties and the common law duty of care in the tort of negligence. There are apparently divergent judicial statements on the general approach towards duty of care to be owed by persons under a statutory duty. One central question arises: should the courts treat the common law duty of care as subsisting generally unless it is excluded by the statute or must the plaintiff show that the Parliament intended to confer a private right of action or impose a common law duty? This paper argues that the two approaches may be properly accommodated ...
Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, 2017 Barry University School of Law
Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon
Barry Law Review
No abstract provided.
Protecting Urban Spaces Of Intangible Cultural Heritage And Nighttime Community Subcultural Wealth: A Comparison Of International And National Strategies, The Agent Of Change Principle, And Creative Placekeeping, 2017 York University, Osgoode Hall Law School
Protecting Urban Spaces Of Intangible Cultural Heritage And Nighttime Community Subcultural Wealth: A Comparison Of International And National Strategies, The Agent Of Change Principle, And Creative Placekeeping, Sara Ross
Western Journal of Legal Studies
Working towards an equality of differences of a city’s diverse cultures and subcultures requires an examination of the realities of how municipal and provincial legal frameworks governing the city space—such as urban planning policies, zoning decisions, and bylaw enforcement—play out within the microcosm of the everyday neighborhood, where conflicting life patterns must coexist even when they are at odds. Drawing on an urban legal anthropology and urban legal geography methodology assessing the realities of the life of subcultural communities in the city space, this paper’s objective is to explore potential paths towards an equitable regard and ...
You Can't Fire Me: The Problems With Wrongful Dismissal Damages In Canada, 2017 The University of Western Ontario
You Can't Fire Me: The Problems With Wrongful Dismissal Damages In Canada, Chenyang Li
Western Journal of Legal Studies
The assessment of wrongful dismissal damages in Canadian law has long been governed by the principles established in Bardal v Globe & Mail Ltd. Although this model of analysis has been met with near universal approval in every decision-making forum in Canada, the principles underlying Bardal warrant further discussion. This work focuses on the contractual core of employment disputes and analyzes the interpretive framework for common law claims for wrongful dismissal. It will show that the traditional law of private remedies has been distorted in the context of wrongful dismissal as a result of the wholesale adoption of the Bardal Factors ...
Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, 2017 Mzumbe University
Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya
Dignity: A Journal on Sexual Exploitation and Violence
Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and ...
The Law Of Interpretation, 2017 Duke Law School
The Law Of Interpretation, William Baude, Stephen E. Sachs
How should we interpret legal instruments? How do we identify the law they create? Current approaches largely fall into two broad camps. The standard picture of interpretation is focused on language, using various linguistic conventions to discover a document's meaning or a drafter's intent. Those who see language as less determinate take a more skeptical view, urging judges to make interpretive choices on policy grounds. Yet both approaches neglect the most important resource available: the already applicable rules of law.
Legal interpretation is neither a subfield of linguistics nor an exercise in policymaking. Rather, it is deeply shaped ...
Freedom To Mislead: The Fictitious Freedom To Contract Around Fraud Under Delaware Law, Hao Jiang
Dr. Hao Jiang
The Spirit Of Common Law And The Reform Of Canon Law, 2016 St. John's University School of Law
The Spirit Of Common Law And The Reform Of Canon Law, Ladislas M. Orsy, S.J.
The Catholic Lawyer
No abstract provided.
Ong On Contrubution, 2016 Bond University
Ong On Contrubution, Denis Ong
Ong on Contribution is Professor Denis SK Ong’s sixth treatise in the field of equity. With its rigorous, yet accessible, approach to this complex area of law Ong on Contribution is a perfect supplement to his earlier acclaimed works:
Trusts Law in Australia (now in its 4th edition),
Ong on Equity, Ong on Specific Performance,
Ong on Subrogation, and
Ong on Rescission.
The text offers a thorough study of the doctrine of contribution at common law and in Equity (though it does not deal with contribution between tortfeasors). Topics addressed include: an exploration of the fact that co-ordinate liabilities ...
The Appropriations Power And Sovereign Immunity, 2016 Washington College of Law, American University
The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh
Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English ...
The Case Of Natural Obligations, 2016 Indiana University School of Law - Bloomington
The Case Of Natural Obligations, David V. Snyder
No abstract provided.
Resolving The Divided Patent Infringement Dilemma, 2016 Terry College of Business, University of Georgia
Resolving The Divided Patent Infringement Dilemma, Nathanial Grow
University of Michigan Journal of Law Reform
This Article considers cases of divided patent infringement: those in which two or more parties collectively perform all the steps of a patented claim, but where no single party acting alone has completed the entire patented invention. Despite the increasing frequency with which such cases appear to be arising, courts have struggled to equitably resolve these lawsuits under the constraints of the existing statutory framework because of the competing policy concerns they present. On the one hand, any standard that holds two or more parties strictly liable whenever their combined actions infringe a patent risks imposing liability on countless seemingly ...
• Tempering Civil Rights Conflicts: Common Law For The Moral Marketplace, 2016 Faulkner University
• Tempering Civil Rights Conflicts: Common Law For The Moral Marketplace, Adam Macleod
Shedding Light On Shady Grove: Further Reflections On The Erie Doctrine From A Conflicts Perspective, 2016 Notre Dame Law School
Shedding Light On Shady Grove: Further Reflections On The Erie Doctrine From A Conflicts Perspective, Joseph P. Bauer
Joseph P. Bauer
This Article, a contribution to the Notre Dame Law Review symposium issue on the Supreme Court’s recent Shady Grove decision, is a follow-up to an article published in the same journal eleven years ago, in which I suggested that the Erie doctrine could be usefully informed by drawing on caselaw and jurisprudence from the horizontal choice of law setting. Shady Grove addressed the question of whether a New York state law, barring the assertion of claims for statutory damages, was binding in an action brought in the federal courts, or whether Federal Rule 23, which does not contain a ...
Statutes In Common Law Courts, 2016 Notre Dame Law School
Statutes In Common Law Courts, Jeffrey Pojanowski
Jeffrey A. Pojanowski
The Supreme Court teaches that federal courts, unlike their counterparts in the states, are not general common law courts. Nevertheless, a perennial point of contention among federal law scholars is whether and how a court’s common law powers affect its treatment of statutes. Textualists point to federal courts’ lack of common law powers to reject purposivist statutory interpretation. Critics of textualism challenge this characterization of federal courts’ powers, leveraging a more robust notion of the judicial power to support purposivist or dynamic interpretation. This disagreement has become more important in recent years with the emergence of a refreshing movement ...
Foreward: Erie's Gift, 2016 Notre Dame Law School
Foreward: Erie's Gift, Jay Tidmarsh
Sometimes described as "one of the modem cornerstones of our federalism," Erie stands at its narrowest for a simple proposition: When a federal court decides a claim whose source is state law, the court must apply the same substantive common-law rules that a state court would apply to the claim. Dictated by statute, by policy, and by the Constitution, this result seems "superbly right" to many. Indeed, Erie's narrow holding is not controversial today.
Improving Predictability And Consistency In Class Action Tolling, 2016 Texas A&M University School of Law
Improving Predictability And Consistency In Class Action Tolling, Tanya Pierce
Class action tolling means that when parties in a suit allege federal treatment, the individual claims of putative class members are tolled federal courts while the class action is pending. Commonly referred to as American Pipe tolling, this rule prevents duplicative litigation that would result if plaintiffs were required to intervene or file independent lawsuits to protect their interests while the class action was pending. Federal courts have long settled the application of American Pipe tolling in scenarios involving later-filed individual actions. In other scenarios, however, the application of American Pipe tolling has caused considerable uncertainty. This Article examines the ...
Private Enforcement Of Statutory And Administrative Law In The United States (And Other Common Law Countries), 2016 University of Pennsylvania
Private Enforcement Of Statutory And Administrative Law In The United States (And Other Common Law Countries), Stephen B. Burbank, Sean Farhang, Herbert M. Kritzer
Our aim in this paper, which was prepared for an international conference on comparative procedural law to be held in July 2011, is to advance understanding of private enforcement of statutory and administrative law in the United States, and, to the extent supported by the information that colleagues abroad have provided, of comparable phenomena in other common law countries. Seeking to raise questions that will be useful to those who are concerned with regulatory design, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development ...
Labor Law - Common Market - Public Policy Regarding Personal Conduct May Act As A Restraint On The Free Movement Of Labor In The European Economic Community, 2016 University of Georgia School of Law
Labor Law - Common Market - Public Policy Regarding Personal Conduct May Act As A Restraint On The Free Movement Of Labor In The European Economic Community, William A. O'Dell
Georgia Journal of International & Comparative Law
No abstract provided.
If It (Ain’T) Broke, Don’T Fix It: Twombly, Iqbal, Rule 84, And The Forms, 2016 Seattle University School of Law
If It (Ain’T) Broke, Don’T Fix It: Twombly, Iqbal, Rule 84, And The Forms, Justin Olson
Seattle University Law Review
The past decade has not been kind to the Federal Rules of Civil Procedure (the Rules). From the growth of summary judgment as a mechanism to let judges instead of juries determine facts, to the love–hate relationship with class actions, judicial interpretations of the Rules have revealed a trend toward complicating the ability of plaintiffs to find redress for their claims. Nowhere is this more apparent than in the shifting standards of pleading requirements under Rule 8. Much has been written by academics and practitioners alike regarding the ripples caused by Twombly and Iqbal. Although the Court would like ...