Law Commons^™

Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

Gay Marriage - A Modern Proposal: Applying Baehr V. Lewin To The International Covenant On Civil And Political Rights, Anne M. Burton

Indiana Journal of Global Legal Studies

No abstract provided.

Responsabilidad Civil Médica, Gastón Fernández Cruz

Gastón Fernández Cruz

No abstract provided.

Constitutional Civil Law, Albert Sidney Johnson

Mercer Law Review

During the 1994 survey period, the United States Court of Appeals for the Eleventh Circuit experienced a period of consolidation and clarification in constitutional civil law. The application of the clearly established law test in qualified immunity determinations has become more consistent, favoring a fact-specific, circuit-based precedent rather than the more generalized test sometime applied by individual panels.

Several cases with constitutional implications were revisited en banc during the survey period producing a variety of results. In public employment cases and land use cases involving state created property rights, the Eleventh Circuit has retrenched and virtually abandoned any recognition of …

Common Sense And Other Legal Reforms, Carl Tobias

Vanderbilt Law Review

The Contract with America (the "Contract") was the centerpiece of the Republican Party's strategy in the 1994 congressional campaigns. The Common Sense Legal Reforms Act (CSLRA") was the ninth tenet and a critical constituent of the Contract, which the Republican Party promised that the new Congress would vote upon within one hundred days. Once the Grand Old Party swept into office, capturing the House of Representatives for the first time in four decades, many members of Congress were expressly committed to honoring the Contract with America. Accordingly, nearly one hundred Republican sponsors introduced the Common Sense Legal Reforms Act during …

Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro

LLM Theses and Essays

Traditionally, legal systems have been classified as either Common Law or Civil Law; scholars distinguish these systems based on their origins, as well their attitudes towards stare decisis. Common law considers precedent as a source of binding rules, while civil law does not. However, some scholars consider the methods for legal reasoning to be almost the same in every legal system. These scholars maintain that regardless of the source of law in a particular country, once a judge determines that the facts of one case are similar to those regulated by a certain rule, the judge will apply that particular …

Persona Humana Y Persona Jurídica, Jorge Carlos Adame

Jorge Adame Goddard

No abstract provided.

With The Legislature's Permission And The Supreme Court"S Consent, Common Law Social Host Liability Returns To Minnesota, Michael K. Steenson

Faculty Scholarship

In 1990, the Minnesota Legislature amended the Civil Damage Act to allow for common law tort claims against persons 21 years old or older who knowingly provide alcohol to a person under 21 years of age. The 1990 amendment is unique because the legislature in effect appears to be releasing its stranglehold on liquor liability law, permitting the courts to apply common law negligence principles under the defined circumstances, but without providing any guidelines as to how the common law remedy should be formulated. The interpretive problems the amendment creates will eventually have to be resolved by the courts. The …

The O.J. Inquisition: A United States Encounter With Continental Criminal Justice, Myron Moskovitz

Vanderbilt Journal of Transnational Law

October 3, 1995 marked the end of the O.J. Simpson double murder trial, which lasted 474 days and was billed "the trial of the century." After less than four hours of deliberation, the jury acquitted Mr. Simpson of all charges. The following article is a dramatization of how a case similar to the Simpson trial might be handled by a civil-law European criminal justice system.

Utilizing an unusual format, Professor Myron Moskovitz examines and illustrates the differences between the United States and civil-law European criminal justice systems. The author uses a play script inspired by the events in the trial …

Obligations Of Hiv-Infected Health Professionals To Inform Patients Of Their Serological Status: Evolving Theories Of Liability, 27 J. Marshall L. Rev. 317 (1994), Theodore R. Leblang

UIC Law Review

No abstract provided.

The Future Of Europe Lies In Waste, Daniel W. Simcox

Vanderbilt Journal of Transnational Law

This Note suggests that waste issues provide valuable insight into the European Community. As the Community has developed more fully into a common market, the movement of waste across national borders has caused concern in some member states. Waste has flowed from states with more restrictive environmental standards to those with less restrictive standards. In some states, the perceived increase in waste importation gave rise to public outcry for laws that banned any further waste importation.

After illustrating the problems by discussing a waste crisis in Belgium, this Note examines the European Community's response to such problems. This study reveals …

Using Prejudgment Attachments In The European Community And The U.S., Manuel Juan Dominguez

Florida State University Journal of Transnational Law & Policy

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Civil Practice And Procedure, Donald P. Boyle Jr.

University of Richmond Law Review

In Burroughs v. Palumbo, defendant was served with process through the Secretary of the Commonwealth. The grounds of defense was due to be filed on September 22, 1994. On September 29, 1994, defendant filed the notice of removal in federal court. On September 30, 1994, the state court entered default judgment against defendant. Later that same day, defendant filed the notice of removal with the state court. Between the time that defendant filed the notice of removal in federal court and the time that he filed it with the state court, both courts had jurisdiction over the case; therefore the …

Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance

UIC Law Review

No abstract provided.

Class Actions As Instruments Of Change: Reflections On Davis V. City And County Of San Francisco, Shauna Marshall

Faculty Scholarship

No abstract provided.

Ancient Law And Modern Eyes, David V. Snyder

Articles by Maurer Faculty

No abstract provided.

Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurule

Journal Articles

Civil forfeiture is one of the most potent weapons available to prosecutors in the “war on drugs” and against traditional organized crime. Unlike criminal forfeiture it is in rem and based on a legal fiction that property used in violation of law must be held responsible for harm that it has caused. The conceptual underpinnings of civil forfeiture are long established and can be traced back to English common law, but they also create the potential for abuse. There is currently federal legislation that considers scaling back the reach of civil forfeiture and recent Supreme Court decisions have also limited …

Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey

Journal Articles

In any society, the government's ability to interfere with life, liberty or property is always open for full discussion. In this conversation, Professor Blakey discusses property in the context of organized and white-collar crime, in addition to criminal forfeiture, and frames his discussion around his work with Senator John McClellan on drafting the Organized Crime Control Act.

Liability-Based Fee-Shifting Rules And Settlement Mechanisms Under Incomplete Information, Eric Talley

Faculty Scholarship

Recent years have seen a debate over litigation reform grow increasingly agitated. Attorneys, judges, academics, and politicians now readily and regularly disagree about how or whether to combat the debilitating litigiousness commonly purported to infect the American Bar. Within this debate, few reform proposals have received as much attention as "fee-shifting" provisions, which, in their most popular incarnation, reallocate litigation costs (particularly attorney's fees) based on the outcome of the liability phase of a trial. This attention is perhaps justified, given the nonuniformity of such rules among industrialized nations. For instance, in the British Commonwealth and much of Continental Europe, …