Law Commons^™

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless

Rebecca Sharpless

In The Eye Of The Beholder: Tort Litigants' Evaluations Of Their Experiences In The Civil Justice System, E. Lind, Robert Maccoun, Patricia Ebener, William Felstiner

Robert MacCoun

Little is known about the reactions of tort litigants to traditional and alternative litigation procedures. To explore this issue, we interviewed litigants in personal injury cases in three state courts whose cases had been resolved by trial, court-annexed arbitration, judicial settlement conferences, or bilateral settlement. The litigants viewed the trial and arbitration procedures as fairer than bilateral settlement, apparently because they believed that trials and arbitration hearings gave their case more respectful treatment. They were less satisfied with the outcome of judicial settlement conferences than with the outcome of bilateral settlements, because judicial settlement conference outcomes were more likely to …

Comparative Legal Traditions In A Nutshell. 3rd Edition., Paolo Carozza, Mary Glendon, Colin Picker

Paolo G. Carozza

An introduction to comparative law written from the American lawyer’s viewpoint rather than that of the European civil law lawyer. This expert discussion concentrates on the three major legal traditions of the West: civil, common, and socialist. Subjects covered include legal structures in civil law nations; legal actors in civil law tradition; procedure; substantive law; sources of law; judicial process; and rules. Also contains chapters on the European Union and the European human rights system.

Clear And Simple Deportation Rules For Crimes: Why We Need Them And Why It's Hard To Get Them, Rebecca Sharpless

Rebecca Sharpless

Deconstructing ‘One Voice’ The Movie: Diversity, Justice, And The Media In Taiwan, Chiehwen Ed Hsu

Chiehwen Ed Hsu

A new documentary about the Sunflower Movement seeks to inspire citizen journalists to do their part.

The Distinction Between Persons & Things: An Historical Perspective, J.-R. Trahan

John Randall Trahan

No abstract provided.

France: French Tort Law In The Light Of European Harmonization, Olivier Moréteau

Olivier Moréteau

No abstract provided.

Avant-Propos , Olivier Moréteau

Olivier Moréteau

No abstract provided.

The Bicentennial Of The Louisiana Civil Code (1808-2008), Olivier Moréteau, Agustín Parise

Olivier Moréteau

No abstract provided.

N. Whitty & R. Zimmermann, Rights Of Personality In Scots Law , Olivier Moréteau

Olivier Moréteau

No abstract provided.

The Future Of Civil Codes In France And Louisiana, Olivier Moréteau

Olivier Moréteau

No abstract provided.

Mare Nostrum As The Cauldron Of Western Legal Traditions: Stirring The Broth, Making Sense Of Legal Gumbo Whilst Understanding Contamination, Olivier Moréteau

Olivier Moréteau

No abstract provided.

An Introduction To Contamination, Olivier Moréteau

Olivier Moréteau

No abstract provided.

De Revolutionibus: The Place Of The Civil Code In Louisiana And In The Legal Universe, Olivier Moréteau

Olivier Moréteau

No abstract provided.

Hans-Albrecht Schwarz-Liebermann Von Wahlendorf (1922-2011) , Olivier Moréteau

Olivier Moréteau

No abstract provided.

Rtop's Second Pillar: The Responsibility To Assist In Theory And Practice In Solomon Islands, Charles Hawksley, Nichole Georgeou

Nichole Georgeou

This paper explores the implementation of a regional capacity-building program in Solomon Islands, a state that experienced significant violence and political tension between 1998 and 2003. The July 2003 intervention of the Regional Assistance Mission to Solomon Islands (RAMSI) is a useful and relevant case study for understanding the operationalization of Pillar II of RtoP, which the authors have termed the “Responsibility to Assist” (RtoA). While RAMSI has not consciously adopted RtoP language in its operations, the rationale for the intervention included humanitarian as well as wider regional security concerns. The mission’s emphasis on developing the state’s capacities in policing …

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …

Medical Malpractice Reform Measures And Their Effects, Robert Leflar

Robert B Leflar

New rules and methods for medical injury dispute resolution have been launched in New Hampshire and New York, and demonstration projects are underway elsewhere. This article describes major medical malpractice reforms undertaken and proposed in recent years. Reforms are classified as (1) liability-limiting initiatives favoring health-care providers; (2) procedural innovations promoted as improving dispute resolution processes, such as patient compensation funds, “sorry” laws, disclosure and early offer laws, health courts, and safe harbor laws; and (3) major conceptual reforms to move liability away from physicians to hospitals or administrative no-fault compensation systems. Empirical evidence about the practical effects of already-implemented …

La Preconfiguración Del Contrato: Una Propuesta De Definición De Las Reglas Predeterminadas En El Derecho De Contratos, Daniel A. Monroy

Daniel A Monroy C

U.S. Business: Tort Liability For The Transnational Republisher Of Leaked Corporate Secrets, Richard Peltz-Steele

Richard J. Peltz-Steele

Wikileaks, the web enterprise responsible for the unprecedented publication of hundreds of thousands of classified government records, is reshaping fundamental notions of the freedom of information. Meanwhile more than half of records held by Wikileaks are from the private sector, and the organization has promised blockbuster revelations about major commercial players such as big banks and oil companies. This paper examines the potential liability under U.S. business-tort law for Wikileaks as a transnational republisher of leaked corporate secrets. The paper examines the paradigm for criminal liability under the Espionage Act to imagine a construct of civil liability for tortious interference …

Civil And Criminal Contempt In Indiana, Robert Brown

Dr Robert Brown

No abstract provided.

Taiwanese American Identity In The U.S. Census. Taipei Times., Chiehwen Ed Hsu

Chiehwen Ed Hsu

The U.S. Census announced that close to a quarter million Taiwan expatriates self identified as 'Taiwanese' in the Census 2010, nearly doubling the figure from a decade ago, with most Taiwanese community so identified in the state of California, New York and Texas. Both politically and substantively significant, the statistic does not only suggest a concerted self identity of Taiwanese expatriates, but also signals an expanded health and social service needs of this growing community to be met. The growing number of self-identifying Taiwanese in the U.S. is politically important, as the increased constituents of Taiwanese Americans representing an even …

Cost And Fee Allocation In Civil Procedure: National Report Sweden, Martin Sunnqvist

Martin Sunnqvist

In this text, I answer a questionnaire regarding the cost and fee allocation in Swedish Civil Procedure. The comparison made out of the national reports is published in Mathias Reimann (ed.), Cost and Fee Allocation in Civil Procedure, Springer 2012.

Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

The Regulation Of Medical Malpractice In Japan, Robert Leflar

Robert B Leflar

How Japanese legal and social institutions handle medical errors is little known outside Japan. For almost all of the 20th century, a paternalistic paradigm prevailed. Characteristics of the legal environment affecting Japanese medicine included few attorneys handling medical cases, low litigation rates, long delays, predictable damage awards, and low-cost malpractice insurance. However, transparency principles have gained traction and public concern over medical errors has intensified. Recent legal developments include courts' adoption of a less deferential standard of informed consent; increases in the numbers of malpractice claims and of practicing attorneys; more efficient claims handling by specialist judges and speedier trials; …

Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan

Ulf Maunsbach

No abstract provided.

Toward A Common Methodology In Contract Law, Antonio Lordi

antonio lordi

No abstract provided.

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …