Law Commons^™

Brazil: The Difficult Path Toward Democratization Of Civil Law.Pdf, Lucas Abreu Barroso, Pablo Malheiros Da Cunha Frota, Brigida Roldi Passamani, Lúcio Moreira Andrade

Lucas Abreu Barroso

Usucapião Extrajudicial: O Procedimento Para Além Da Desjudicialização, Lucas Abreu Barroso, Brigida Roldi Passamani

Lucas Abreu Barroso

Patriot Act A More Perfect Policy.Docx, D'Andre Devon Lampkin

D'Andre Lampkin

Cy Pres And The Optimal Class Action, Jay Tidmarsh

Jay Tidmarsh

This Article, prepared for a symposium on class actions, examines the problem of cy pres relief through the lens of ensuring that class actions have an optimal claim structure and class membership. It finds that the present cy pres doctrine does little to advance the creation of optimal class actions, and may do some harm to achieving that goal. The Article then proposes an alternative “nudge” to induce putative class counsel to structure class actions in an optimal way: set attorneys’ fees so that counsel is compensated through a combination of an hourly market rate and a percentage of the …

The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia

Anthony J. Bellia

Courts and scholars have struggled to identify the original meaning of the Alien Tort Statute (ATS). As enacted in 1789, the ATS provided "[t]hat the district courts...shall...have cognizance...of all causes where an alien sues for tort only in violation of the law of nations or a treaty of the United States." The statute was rarely invoked for almost two centuries. In the 1980s, lower federal courts began reading the statute expansively to allow foreign citizens to sue other foreign citizens for all violations of modern customary international law that occurred outside the United States. In 2004, the Supreme Court took …

Appellate Court Reform In Ontario: A Consultation Paper, John D. Mccamus, D. F. Bur

John D. McCamus

No abstract provided.

El Otorgamiento De Escritura Pública Es Formalidad “Ad Probattionem” No “Ad Solemnitatem”., Abelardo D. Chalán

Abelardo D. Chalán

No abstract provided.

The Time Of Discovery Rule And The Qualified Privilege Defense For Credit Reporting Agencies In Illinois After World Of Fashion V. Dun & (And) Bradstreet, Inc., 10 J. Marshall J. Of Prac. & Proc. 359 (1977), Paul Wangerin

Paul Wangerin

No abstract provided.

Canadian Civil Justice: Relief In Small And Simple Matters In An Age Of Efficiency, Jonathan Silver, Trevor C. W. Farrow

Trevor C. W. Farrow

Canada is in the midst of an access to justice crisis. The rising costs and complexity of legal services in Canada have surpassed the need for these services. This article briefly explores some obstacles to civil justice as well as some of the court-based programmes and initiatives in place across Canada to address this growing access to justice gap. In particular, this article explains the Canadian civil justice system and canvasses the procedures and programmes in place to make the justice system more efficient and improve access to justice in small and simple matters. Although this article does look briefly …

The Survival Of Civil Law In North America: The Case Of Louisiana, Thomas E. Carbonneau

Thomas Carbonneau

There are legitimate historical reasons for speaking seriously about a civil law heritage in Louisiana. French and Spanish civilian influences permeated the Louisiana Civil Code when it was first enacted in 1808. The current status of the civil law in Louisiana, however, is problematic; the American common law methodology has made significant inroads into the operation of the current legal system. Separated from its parenting source by geography, time, and culture, Louisiana civil law has become an ill-defined civilian entity that, in reality, is more of a common law process with civil law trappings. The civil law nonetheless has a …

Judicial Experimentation With A Strict Products Liability Rule: A Comparison Of The Law In The United Kingdom, Louisiana, And United States' Common Law Jurisdictions, Thomas E. Carbonneau, Catherine Garvey

Thomas Carbonneau

Since the mid-nineteenth century, products liability law has undergone significant modifications. The applicable doctrine has oscillated between contract and tort theories; fault and no-fault liability schemes have competed for predominance. Despite attempts to create an internationally accepted liability norm, different legal systems continue to espouse differing perceptions of the liability formula in the products area. In addition, even in jurisdictions in which courts adhere to identical liability theories, there is disagreement as to the application and implications of the same standard. This article attempts to set the shifting doctrinal character of products liability analysis into a comparative perspective principally between …

Analytical And Comparative Variations On Selected Provisions Of Book One Of The Louisiana Civil Code With Special Consideration Of The Role Of Fault In The Determination Of Marital Disputes, Thomas E. Carbonneau

Thomas Carbonneau

This article is intended to be a type of "structuralist" commentary upon selected provisions in Book I of the Louisiana Civil Code. Its sole purpose is to illustrate, both for pedagogical and doctrinal reasons, some of the analytical difficulties to which these code provisions might give rise when they are read in a close textual fashion. It should be emphasized that this study is a textual commentary and not a historical assessment of the sources or origins of the code texts – the latter analysis is outside the purview of the present endeavor. Accordingly, this article consists of a critical …

A Jurisdictional Perspective On New York Times V. Sullivan, Howard M. Wasserman

Howard M Wasserman

New York Times v. Sullivan, arguably the Supreme Court's most significant First Amendment decision, marks its fiftieth anniversary next year. Often overlooked in discussions of the case's impact on the freedom of speech and freedom of the press is that it arose from a complex puzzle of constitutional, statutory, and judge-made jurisdictional and procedural rules. These kept the case in hostile Alabama state courts for four years and a half-million-dollar judgment before the Times and its civil rights leader co-defendants finally could avail themselves of the structural protections of federal court and Article III judges. The case's outcome and the …

The Power Of Codification In Latin America: Simón Bolívar And The Code Napoléon, M C. Mirow

M. C. Mirow

Codification can be an effective means to centralize and to consolidate state power. The use of codification in this manner runs against the commonly perceived notion that it promotes republican and egalitarian values. As Simon Bolivar's dictatorship quickly crumbled around him, he turned to codification based on the Code Napoleon as part of an attempt to unify Gran Colombia. Factors leading him to this undertaking and source were the need for legal reform, his emulation of Napoleon, his exposure to the works of Jeremy Bentham, and, speculatively, the influence of Andres Bello. Boivar's attempt at codification was not to complete …

Bastardy And The Statute Of Wills: Interpreting A Sixteenth-Century Statute With Cases And Readings, M C. Mirow

M. C. Mirow

The Statute of Wills of 1540 created a tax loophole for transfers of property to illegitimate children. Assessments for wardships that would normally be imposed on certain transfers of land to children could be effectively avoided by establishing that the donee was illegitimate, and therefore a stranger to the donor for the purposes of the statute. English lawyers in the sixteenth and seventeenth centuries educated their colleagues about this newly available loophole. In the inns of court, lawyers discussed the statutory provisions and recent revenue cases from the Court of Wards. This article sets out the loophole, examines how the …

Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel A. Gómez

Manuel A. Gómez

No abstract provided.

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Joelle A. Moreno

No abstract provided.

The Effect Of Lifting The Blindfold From Civil Juries Charged With Apportioning Damages In Modified Comparative Fault Cases: An Empirical Study Of The Alternatives, Jordan Leibman, Robert Bennett, Richard Fetter

Robert B. Bennett

Focuses on a study on the effect of lifting the blindfold from civil juries charged with apportioning damages in modified comparative fault cases. Historical background on comparative fault in the United States; Origin of blindfolding; Comparison of blindfold modified comparative fault verdicts with sunshine verdicts; Conclusions.

"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 …

Videos, Ugo Mattei

Ugo Mattei

Here you can find the links to some videos related to the Commons. Please copy and paste into your web-browser the link you are interested in:

The Commons movement in Italy (interview): http://www.iuctorino.it/content/commons-movement-italy-interview-ugo-mattei

The Commons: Fiat Justitia with Ugo Mattei: https://www.youtube.com/watch?v=Tgt8eQSWWCI

Thinking Beyond Capitalism, 24-26 June, 2015, Belgrade https://www.youtube.com/watch?v=VyizKQdxNA4

Ugo Mattei: The Transformative Power of the Commons, 16th May 2015, 19h, Cinema Europa, Zagreb, Croatia https://www.youtube.com/watch?v=b-lZA6gHWg8

66th National Law Day Celebrates By Indian National Bar Association, Amit Kumar

Amit Kumar

Global conference to coincide with the Indian Law Day celebrations, INBA is to conduct Annual Conference, titled “66th National Law Day” on November 25th to 26th, 2015 at The Shangri-La’s Eros Hotel, New Delhi. This conference proposes to bring participation from Legal Luminaries, Senior Government Officials, Legal Departments of Fortune 500 companies, International Law Firms, Senior Lawyers, business and Judges across the globe. The main goal of the conference is to provide platform for Legal Community to discuss and deliberate on several important international legal issues. Opportunities: 1. Networking with Peers. 2. Speaking Opportunity. 3. Get Inspired. 4. Meet Key …

Civil Codes And Consumers, 51 Loy. L. Rev. 11 (2005), Jason Kilborn

Jason Kilborn

No abstract provided.

La Tercería Excluyente De Dominio Versus El Embargo. Algunas Consideraciones Más Allá Del Falso Dilema, Marco Andrei Torres Maldonado, Abner Casallo Trauco

Marco Andrei Torres Maldonado

No abstract provided.

Algunas Notas Sobre La Caducidad Del Derecho Al Cobro De Dividendos, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

No abstract provided.

Mariage Et Union De Personnes De Même Sexe Aux États-Unis : Une Affaire Compliquée Par Le Fédéralisme, Olivier Moréteau

Olivier Moréteau

No abstract provided.

Privatizing Our Public Civil Justice System, Trevor C. W. Farrow

Trevor C. W. Farrow

No abstract provided.

The Justice In Unjust Enrichment, Dan Priel

Dan Priel

The question of what justice has to do with the law of unjust enrichment (if it has anything to do with it at all) has in recent years come to occupy scholars who have sought to explain the theoretical foundations of this area of law and its relationship with other branches of private law. A popular answer has been that the law of unjust enrichment, like the rest of private law, instantiates the politically neutral norms of corrective justice. In this article, I argue that this is not the case in two distinct senses. First, even on its own, corrective …

¿Puede Un Infiel «Agraviado» Demandar Por Violencia Familiar Psicológica Porque Su Mujer Le Gritó Y Lo Echó Del Hogar Conyugal Al Encontrarlo In Fraganti Con Su Amante?, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

No abstract provided.

Inembargabilidad De Los Bienes Objeto De Leasing Y El Vii Pleno Casatorio, Julio Eduardo Pozo Sánchez

Julio Eduardo Pozo Sánchez

No abstract provided.