Digital Commons Network^™

Literacy: A Continuously Evolving Concept, Angelo P. Giardino, Robert D. Sanborn, Elvon Christopher Lloyd, William V. Flores

Journal of Family Strengths

Angelo P. Giardino, Robert Sanborn, William V. Flores and E. Christopher Lloyd discuss the latest issue of the Journal of Family Strengths.

Concussion The Film, Richard C. Crepeau

On Sport and Society

Several months ago there was a minor flap over the fact that the National Football League was given the right to delete parts of the film “Concussion” before its general release to the public. At the time many, including myself, feared that the NFL would defang the bite of the film. It did not. In fact it’s hard to imagine what the NFL censored in “Concussion” given the devastating nature of the final product which is now in release.

Reparation For Betrayal Of Trust In Child Sexual Abuse Cases: The Christian Duty Of Care, Vicarious Liability And The Church Of England, Ka Stevenson, J Rowbotham, J Lowther

School of Law, Humanities and Social Sciences

Feminist challenges to the traditional principles of vicarious liability highlight the difficulties facing claimants seeking redress via a doctrine largely developed in relation to the corporate model reflecting masculine traits of institutional power and control embedded in the traditional enterprise employer/employee relationship. This article explores the ways in which the recent spate of claims made against UK religious authorities regarding present and historic acts of child sexual abuse perpetrated by clergy have forced a paradigm shift requiring the courts to consider influences on the legal process associated with tropes of restorative justice, powerfully supported and explained by feminist legal theorists. …

Complete V.8 No.2

Journal of Civil Law Studies

No abstract provided.

Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey

Nevada Supreme Court Summaries

The Court, sitting en banc, determined that by failing to answer questions from the jury that suggested confusion on a significant element of the law, failing to give an accomplice-distrust instruction, and by not bifurcating the guilt phase from the gang enhancement phase the district court violated the defendant’s right to a fair trial.

Scott V. First Jud. Dist. Ct., 131 Nev. Adv. Op. 101 (Dec. 31, 2015), Adrian Viesca

Nevada Supreme Court Summaries

The Court determined that Carson City Municipal Code (“CCMC”) 8.04.050(1) is (1) unconstitutionally overbroad because it “is not narrowly tailored to prohibit only disorderly conduct or fighting words” and (2) vague because it lacked sufficient guidelines and gave the police too much discretion in its enforcement.

Piroozi V. Eighth Jud. Dict. Ct., 131 Nev. Adv. Op. 100 (Dec. 31, 2015), Jessie Folkestad

Nevada Supreme Court Summaries

Real parties in interest, Hurst and Abbington sought and obtained a pretrial order from the district court barring petitioners, Dr. Piroozi and Dr. Blahnik, from arguing comparative fault of settled defendants at trial and including those defendants’ names on the verdict forms. In granting the Writ of Mandamus filed by the petitioners, the Supreme Court of Nevada resolved a conflict between NRS 41.141(3) and NRS 41A.045, holding that NRS 41A.045 preempts NRS 41.141(3) and entitles a defendant to argue the percentage of fault of settled defendants at trial and to include the settled defendant’s names on the jury verdict form.

Fergason V. Las Vegas Metropolitan Police Dept., 131 Nev. Adv. Op. 94 (Dec. 31, 2015), Lena Rieke

Nevada Supreme Court Summaries

The Court determined (1) the district court erred in granting summary judgment to the State because the State failed to present evidence demonstrating no genuine issue of material fact existed as to whether the funds it seized from petitioner’s bank accounts were subject to forfeiture as proceeds attributable to the petitioner’s commission of a felony; (2) the State’s forfeiture of funds seized from a bank account will not stand without evidence connecting the funds to criminal activity; and (3) NRS § 179.1173(4) requires the State to prove by clear and convincing evidence the property is subject to forfeiture.

The Court …

Barber V. State, 131 Nev. Adv, Op. 103 (December 31, 2015), Ronni N. Boscovich

Nevada Supreme Court Summaries

The Court considered an appeal from a district court conviction. The Court reversed the Eighth Judicial District Court’s judgment of conviction, pursuant to a jury verdict of burglary and grand larceny. The juvenile court retains jurisdiction over Barber because the legislation did not include language regarding jurisdiction stripping or dismissal requirements. However, the Court reversed the judgment because the prosecution presented insufficient evidence to support Barber’s conviction.

Automatic Detection And Quantification Of Bluff Erosion Events In Single Image Series, Martin D. Hellwig

Graduate Masters Theses

Many communities along coastlines and riverbanks are threatened by water erosion and hence an accurate model to predict erosion events is needed in order to plan mitigation strategies. Such models need to rely on readily available meteorological data that may or may not be correlated with the occurrence of erosion events. In order to accurately study these potential correlations, researchers need a quantified time series index indicating the occurrence and magnitude of erosion in the studied area. We show that such an index can be obtained by creating and analyzing a single image series using relatively cheap consumer grade digital …

The Integration Of African Americans In The Civilian Conservation Corps In Massachusetts, Caitlin E. Pinkham

Graduate Masters Theses

The Civilian Conservation Corps employed young white and black men between the ages of eighteen and twenty-five. In 1935 Robert Fechner, the Director of the Civilian Conservation Corps, ordered the segregation of Corps camps across the country. Massachusetts’ camps remained integrated due in large part to low funding and a small African American population. The experiences of Massachusetts’ African American population present a new general narrative of the Civilian Conservation Corps. The Federal government imposed a three percent African American quota, ensuring that African Americans participated in Massachusetts as the Civilian Conservation Corps expanded. This quota represents a Federal acknowledgement …

Transparency And The Supreme Court—Can Employers Refuse To Disclose How Much They Pay For Health Care?, Nicholas Bagley, Christopher Koller

Articles

For decades, the prices that hospitals and physicians charge private insurers have been treated as trade secrets. Even though inflated prices are an enormous reason why health care is so much more expensive in the United States than in other countries, we have only a hazy picture of what those prices actually are.

Camco Construction, Inc., A Corporation, Plaintiff, V. Utah Baseball Academy, Inc., A Corporation; Et Al., Defendants. And Other Related Causes Of Action : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPENDIX TO
APPELLANTS' UTAH BASEBALL ACADEMY, INC., ATHLETIC
PERFORMANCE INSTITUTE, L.L.C., AND ROBERT KEYES'
OPENING BRIEF ON APPEAL

Okoljske Strategije In Uspešnost Podjetij: Kvalitativna Primerjalna Analiza (Mehka Logika), Kaja Primc

Economic and Business Review

There is no single answer to the frequently asked question of how a company's proactive environmental policy affects business performance. Due to the complexity of the phenomenon under study, the interplay of the factors involved and the inadequacy of the choice of analytical methods, there are findings that are often unusable due to extremely simplified models. Drawing on the environmental management literature, the article explores the causal complexity in the relationship between environmental strategies and firm performance, helping to frame the solution to the problem more clearly. Using a sample of 25 Australian companies, the combinations of environmental practices in …

Analiza Managerskih Zaslužkov V Nejavnih Družbah V Sloveniji, Meta Genorio, Maša Madon, Sergeja Slapničar

Economic and Business Review

Although companies that are not listed on the stock exchange are the backbone of the economy, the area of executive remuneration in these companies is very poorly researched in the world and in Slovenia. Not only is little known about the factors that influence the level of managerial earnings, but also about the amount and structure of managerial earnings. Typically, unlisted companies are smaller, have a higher concentration of ownership and have a larger share of managerial ownership. Using a sample of 185 unlisted companies in Slovenia from 2013, we examined the level and structure of earnings and the factors …

Soundings 2015-12-31, N/A N/A

Soundings

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Invitation Au Voyage, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

One Into Three: Spreading The Word, Three Into One: Creating A Civil Law System, Esin Örücü

Journal of Civil Law Studies

No abstract provided.

Transatlantic Intercultural Legal Communication In The 19th Century: K.J.A. Mittermaier And The Schmidt Brothers, Carl And Gustavus, Kjell A. Modéer

Journal of Civil Law Studies

No abstract provided.

“Against Interpretation”? On Global (Non-)Law, The Breaking-Up Of Homo Juridicus, And The Disappearance Of The Jurist, Luca Siliquini-Cinelli

Journal of Civil Law Studies

This paper investigates the nullification of homo juridicus and the vanishing of the jurist in relation to the liberal global-order project and the emergence and spread of soft-networked channels of post-national governance. By inquiring into the shift from the individual’s active will to the sterile behavioural schemes prompted by the universalisation of liberalism and economic analysis of social interactions, it will be argued that the jurist and the (rule of) law are no longer needed in a post-national system of rational and mechanic causations. Through an analysis of Susan Sontag’s and Josef Esser’s accounts for and against the interpretative task, …

Louisiana Civil Code - Code Civil De Louisiane : Book Ii – Livre Ii, Center Of Civil Law Studies

Journal of Civil Law Studies

No abstract provided.

Secundum Civilis: The Constitution As An Enlightenment Code, Derek Warden

Journal of Civil Law Studies

The American Constitution has been the subject of heated debate since its formation. This article simply introduces a new argument. It suggests that there exists a “form”1 of an Enlightenment era code, which is met by the Constitution, and that the requirements of this form can be derived from inspection of the three great codes of the time: the Prussian, the Austrian, and the French. It further notes that these requirements are (1) Roman law influence; (2) natural law influence; and (3) that they perform the same functions—they abrogate the prior laws on their respective subjects and they are “complete” …

South Africa - Trusts And The Patrimonial Consequences Of Divorce: Recent Developments In South Africa, François Du Toit

Journal of Civil Law Studies

No abstract provided.

Louisiana Property Law—The Civil Code, Cases And Commentary, Yaëll Emerich

Journal of Civil Law Studies

No abstract provided.

Dictionary Of The Civil Code, Jean-Claude Gémar

Journal of Civil Law Studies

No abstract provided.

Ethical Dilemma And Nihilism In Munro's "Passion", Xiying Liu, Hongbin Dai

CLCWeb: Comparative Literature and Culture

In their article "Ethical Dilemma and Nihilism in Munro's 'Passion'" Xiying Liu and Hongbin Dai discuss ethical issues in Alice Munro's short story "Passion." When attempting to escape the shackles of multiple ethical identities, the short story's protagonist Grace encounters dilemmas and in consequence makes wrong decisions with regard to the principle of ethics. The other protagonist of the story, Neil, commits suicide demonstrating that he breaks off all relationship with the world. Liu and Dai argue that Neil's death deconstructs Grace's ethical dilemmas and thus the narrative constructs a sense of nihilism. Liu and Dai posit that Munro's short …

Expectations Of The Exemplar: An Exploration Of The Burdens On Public School Teachers In The Absence Of Tenure, Jacqueline A. Meese

City University of New York Law Review

No abstract provided.

Private Antitrust Enforcement: A New Era For Collective Redress?, Sofia Oliveira Pais

Yearbook of Antitrust and Regulatory Studies

It will be argued in this article that the EU Recommendation on common principles for collective redress might have limited impact on the field of competition law due to: several uncertainties regarding the legal standing in class actions; difficulties in their funding; and the risk of forum shopping with cross-border actions. Neverthe-less, Belgium and Great Britain have recently introduced class actions into their national legal systems and addressed some of the difficulties which other Member States were experiencing already. It will also be suggested that the Portuguese model – the ‘Popular Action’ – and recent Portuguese practice may be considered …

Harmonising Private Enforcement Of Competition Law In Central And Eastern Europe: The Effectiveness Of Legal Transplants Through Consumer Collective Actions, Katalin J. Cseres

Yearbook of Antitrust and Regulatory Studies

The aim of this paper is to critically analyze the manner of harmonizing private enforcement in the EU. The paper examines the legal rules and, more importantly, the actual enforcement practice of collective consumer actions in EU Member States situated in Central and Eastern Europe (CEE). Collective actions are the key method of getting compensation for consumers who have suffered harm as a result of an anti-competitive practice. Consumer compensation has always been the core justification for the European Commission’s policy of encouraging private enforcement of competition law. In those cases where collective redress is not available to consumers, or …