Common Law Commons^™

Deodand, Brian L. Frye

Seattle University Law Review SUpra

Deodands are a delightful example of a common law doctrine that caused something to happen: the Crown was enabled to tax tortfeasors. But not in a way anyone expected at the time or anyone understands today. Look on their logic and despair. You’ll never figure it out, no matter how hard you try. And that’s what makes them so lyrical. The concept of the deodand is beautiful even though we can’t understand it. Or rather, it’s beautiful because we can’t understand it. If we understood deodands, surely they would be as prosaic as life insurance ...

Climate Torts: It’S A Conspiracy!, Joseph Manning

Boston College Law Review

As public concern about climate change grows, so does frustration with the federal government’s inability to develop a strategy for reducing greenhouse gas emission. Consequently, in the past decade, multiple states and municipalities have filed lawsuits seeking to address climate change through common law claims, such as public nuisance. Courts, however, dismissed many of these suits because the Supreme Court held in 2011, in American Electric Power Company v. Connecticut, that the Clean Air Act governs greenhouse gas emissions and therefore displaces the common law as a cause of action. Despite this unfavorable precedent, the past three years produced ...

The Legal System Of Charities And Other Social Entities In Jordan, Mwaffaq Almahameed

Journal Sharia and Law

The 1966 Jordanian Charities and Other SocialEntities law No (33) and its subsequent modifications regulates and overseesall matters related to the registration and practice of charities and socialgroups. Moreover, the 1985 Income Tax Law No. (57) and its modifications holds a series of incentives directed towards charities and other socialgroups; these incentives which include income derived from non profit activities, subscriptions and grants are ceded special treatment in the form of deductions that must not go beyond a certain percentage of the total taxed income. That being the case, it is necessary to identify the meaning of the terms “charities ...

Transparency In Public Procurement Rules And Processes In The State Of Qatar (A Comparative Study With The Uncitral Procurement Model Law), Hasan Abdul-Raheem Al-Sayyid

Journal Sharia and Law

Procurement Model Law, which was adopted by the United Nations Committee on InternationalTrade Law (UNCITRAL). The study aims to draw a comparison between the UNCITRAL Procurement Model Law and the Qatari Public Procurement Law (Tenders Law). The study raises a number of pertinent questions and issues such as the question of whether the Qatarilawgives sufficient consideration to the transparency principles in procurement processes or not. Does the Qatarilawmeet the standards of transparency adopted by the UNCITRAL Model Law? Finally, does the Qatari Law include well-built provisions that prevent corruption, protect public assets and promote confidence in procurement processes?

To answer ...

The Common Law Of Access And Surface Use In Mining, Donald N. Zillman, J. Russell Tyler Jr.

Journal of Natural Resources & Environmental Law

No abstract provided.

The Balance Between The Individual's Right To Property And The Requirements Of The Administration In The Provision Of Public Service: A Comparative Study, Mohamed Hamly

Journal Sharia and Law

In order to exercise its functions efficiently, the public administration possesses several areas of expertise, among them is the expropriation for the reason of public utility. It represents a major danger to the right of private property; it has been surrounded by several arrangements; included in the law n° 91-11, and put in execution by the decree ministerial n° 93-186, in order to establish a balance between the individual's right to the private property and the requirements of the public service. Indeed, the above stated legal texts could regulate many operations of expropriation during one decade and half. Nevertheless ...

Provisions Of The Penalty Of Community Service In The Algerian And The French Legal Systems: A Comparative Study, M’Hamedi Bouzina Amina

Journal Sharia and Law

The penalty of community service is a new system put in place of alternative penalties for short-term sentences. Some countries have adopted it as pilot program in order to find the most effective ways to rehabilitate the offenders and ensure that they don’t return to committing crimes. Contemporary legislation, including the French, which adopted this system of community service under Law No. 09/01, the French legislator tried to develop a semi-integrated system in the framework of the punishment, which is one of the best models that have been successful in the application of the penalty of community service ...

Basic Rules Of The General Budget In The Light Of Uae Federal Legislation, Mohamed Ibrahim El Shafei

Journal Sharia and Law

In the light of recent economic and financial development on national and international levels, UAE has adopted a new approach in the preparation of the public budget based on two axes: the first is programs and performance budget to be prepared on an annual basis, and the other is a zero-budget medium term to be prepared every three years.

The objective of this study is to shed light on the most important rules concerning preparation and implementation of the public budget with reference to the Emirati legislation. The study also aimed at clarifying the nature of budget adopted by the ...

Particular Amenability To Probation And The Trog Factors: Rewarding Wealth And Subservience In Minnesota Criminal Sentencing, Sean Cahill

University of St. Thomas Journal of Law and Public Policy

No abstract provided.

Accountability For Employers Or Independence For Contractors? Accomplishing Ab5’S Labor Classification Goals In The Gig Economy, Chelsea Rauch

Seattle University Law Review

U.S. employment law traditionally classifies workers as either employees or independent contractors; each worker under this traditional legal rubric can only be classified as one or the other—there can be no ambiguity or overlap. An employee is generally defined as “a person hired for a regular, continuous period to perform work for an employer who maintains control over both the service details and the final product.” In contrast, an independent contractor is generally defined as “a worker who performs services for others, usually under contract, while at the same time retaining economic independence and complete control over both ...

Big Pharma, Big Problems: Covid-19 Heightens Patent-Antitrust Tension Caused By Reverse Payments, Hannah M. Lasting

Seattle University Law Review

In the wake of COVID-19, pharmaceutical companies rushed to produce vaccinations and continue to work on developing treatments, while the tension caused by reverse payments intensifies between patent and antitrust law. Lawmakers must address this tension, and the current pandemic should serve as a catalyst to prompt reform at the legislative level. By amending the Hatch-Waxman Act, lawmakers can ease the increasing strain between patent and antitrust policy concerns. In 2013, the U.S. Supreme Court attempted to resolve this tension in its landmark decision, F.T.C. v. Actavis, but the tension remains as lower courts struggle to produce ...

The Small-Er Screen: Youtube Vlogging And The Unequipped Child Entertainment Labor Laws, Amanda G. Riggio

Seattle University Law Review

Family vloggers are among the millions of content creators on YouTube. In general, vloggers frequently upload recorded videos of their daily lives. Family vloggers are unique because they focus their content around their familial relationships and the lives of their children. One set of family vloggers, the Ace Family, has recorded their children’s lives from the day they were born and continue to upload videos of each milestone, including “Elle Cries on Her First Rollercoaster Ride” and “Elle and Alaïa Get Caught Doing What!! **Hidden Camera**.” Another vlogging couple, Cole and Savannah LaBrant, post similar content, including videos titled ...

Time To Panic! The Need For State Laws Mandating Panic Buttons And Anti-Sexual Harassment Policies To Protect Vulnerable Employees In The Hotel Industry, Kristy D'Angelo-Corker

Seattle University Law Review

One only has to turn on the television or read the newspaper to see news story after news story reporting instances of women facing harassment, discrimination, or assault while at work. The “Me Too” and “Time’s Up” campaigns have brought many of these issues to the forefront and have shown that women are fighting to be respected and demanding equal treatment. Although this fight for equal protection is ongoing, many women, such as those in lower-paying service industries, are still unable to protect themselves from sexual harassment, discrimination, and assault, as they do not have the support or power ...

School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani

Seattle University Law Review

In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children ...

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in ...

No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin

Seattle University Law Review

In the article A Modest Proposal: The Federal Government Should Use Firing Squads to Execute Federal Death Row Inmates, Stephanie Moran argues that the firing squad is the only execution method that meets the requirements of the Eighth Amendment. In order to make her case, Moran unjustifiably overstates the negative aspects of lethal injection while understating the negative aspects of firing squads. The entire piece is predicated upon assumptions that are not only unsupported by the evidence but often directly refuted by the evidence. This Essay critically analyzes Moran’s claims regarding the alleged advantages of the firing squad over ...

Assertion And Hearsay, Richard Lloret

Dickinson Law Review

This article explores the characteristics and functions of assertion and considers how the term influences the definition of hearsay under Federal Rule of Evidence 801. Rule 801(a) defines hearsay by limiting it to words and conduct intended as an assertion, but the rule does not define the term assertion. Courts and legal scholars have focused relatively little attention on the nature and definition of assertion. That is unfortunate, because assertion is a robust concept that has been the subject of intense philosophic study over recent decades. Assertion is not a mere cypher standing in for whatever speech or conduct ...

Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar

Dickinson Law Review

Most state rules of substantive law, whether legislative or judicial, ordinarily adjust rights and obligations among local parties with respect to local events. Conventional choice of law methodologies for adjudicating disputes with multistate connections all start from an explicit or implicit assumption of a choice between such locally oriented substantive rules. This article reveals, for the first time, that some state rules of substantive law ordinarily adjust rights and obligations with respect to parties and events connected to more than one state and only occasionally apply to wholly local matters. For these rules I use the term “nominally domestic rules ...

Tran V. Minnesota Life Insurance Co., Thomas Gawel

NYLS Law Review

No abstract provided.

"Yes Harm, No Foul": Recalibrating Qualified Immunity, Noah Watson

Washington University Journal of Law & Policy

The current state of qualified immunity allows victims to be violated but not vindicated. The judicial created doctrine of qualified immunity has been strongly supported by the Supreme Court. Recently, opposition has increased from legal commentators, members of Congress, and judges across political and ideological lines. This Note analyzes qualified immunity and proposes bringing the doctrine back in line with its common-law foundation. Watson proposes reinstating the original applicability of § 1983 and returning to a common-law understanding of qualified immunity. Watson advocates for keeping officials accountable while protecting officials from burdensome litigation, and better serving justice for those whose rights ...