Law Commons^™

A Decade Of Civilian Scholarship: The Role Of The Journal Of Civil Law Studies As A Bridge Between Louisiana And The Civil Law World, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

The Reluctance Of Civil Law Systems In Adopting The Ucc Article 9 “Without Breach Of Peace” Standard—Evidence From National And International Legal Instruments Governing Secured Transactions, Asress Adimi Gikay, Cătălin Gabriel Stănescu

Journal of Civil Law Studies

One of the defining features of the Uniform Commercial Code Article 9 is the secured creditor’s ability to take possession of the collateral upon the debtor’s default “without breach of peace.” This standard is meant to protect the debtor from abusive secured creditors, the meaning of which has been shaped by courts on a case-by-case basis.

In reforming their secured transactions laws to enhance access to credit, continental legal systems have shown great reception to Article 9 by adopting the unitary concept and functional approach to security interests, introducing private enforcement mechanisms, including various forms of self-help repossession. However, the …

The Fourth Circuit’S Treatment Of Anunconventional Obligation Inwegmann V. Tramontin, Nathan W. Friedman

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Notarial Acts As Written Evidence: Towards A Convergence Between Civil Law And Common Law Systems, Angelo Chianale

Journal of Civil Law Studies

This article studies the contrast between civil and common law systems regarding the significance of the notarial act. According to conventional scholarship, in the former, civil procedure requires written evidence and the notarial act is the strongest kind of evidence. In the latter, however, civil procedure requires oral evidence and the notarial act has no specific relevance. This article examines the extent of these two main principles: a) in civil law systems the notarial act is full evidence of the extrinsic and a document can be challenged only with an action for falsity; and b) in common law systems the …

Editorial

Journal of Civil Law Studies

No abstract provided.

Louis Victor De La Vergne (1938-2017), Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Disobeying Courts’ Orders—A Comparative Analysis Of The Civil Contempt Of Court Doctrine And Of The Imageof The Common Law Judge, Carlo Vittorio Giabardo

Journal of Civil Law Studies

The aim of this article is to briefly tackle, from a comparative viewpoint, an academically quite overlooked topic: techniques of enforcement of lawful judgments. Despite a gradual convergence in many fields of law, common and civil law jurisdictions still maintain a striking diversity in the ways in which they react to non-compliance with court judgments. Whilst in common law tradition, failure to comply with a judicial order is considered civil contempt of court, in civil law countries this legal institution is simply unknown. Furthermore, it is only in civil law systems that failure to comply with a court judgment cannot …

Social Obligations Of Land Rights On Chinese Collective-Owned Land, Zhe Huang

Journal of Civil Law Studies

This article critically examines social obligations on Chinese collective-owned land. Current social responsibilities on Chinese collective-owned land are inadequate, ineffective, and distorted. Rural property right holders do not owe sufficient social burdens to society. As rural land regulators, rural collectives should have the authority to regulate and manage agricultural land use. Because of the vague and weak identity of rural collectives, collectives have limited authority and resources in restricting and regulating rural land use rights. As rural landowners, collectives violate their social responsibilities by misusing agricultural land and harming society. This article argues that for agricultural land, where physical characteristics …

What Medical Risks Should Physicians Disclose To Their Patients? Towards A Better Standard In American And French Medical Malpractice Law, Alina-Emilia Ciortea

Journal of Civil Law Studies

This essay discusses the historical and evolutionary back-ground of the doctrine of informed consent in medical malpractice cases in order to provide the reader with a detailed and a unique comparative perspective of the law in the United States and in France, along with some cross-references to other legal systems across the globe.

In order to achieve the desired goal, this paper conducts the analysis based on a hypothetical situation. Starting from these facts, the paper shows how and if the American and the French standards addressing the scope of the physician’s duty to disclose the risks intrinsic to the …

France - The French Reform Of Contract Law: The Art Of Redoing Without Undoing, Mustapha Mekki

Journal of Civil Law Studies

No abstract provided.

The Interaction Of Good Faith With Contract Performance, Dissolution, And Damages In The Louisiana Supreme Court, Jumoke Dara, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

Hooper V. Hero Lands Company, Christopher B. Ortte

Journal of Civil Law Studies

No abstract provided.

Evelyn L. Wilson, The Justices Of The Supreme Court Of Louisiana 1865-1880, Georgia Chadwick

Journal of Civil Law Studies

No abstract provided.

Complete V.10

Journal of Civil Law Studies

No abstract provided.

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb

Articles

This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team …

Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), Krystina Viernes

Nevada Supreme Court Summaries

The Court considered whether a party may appeal a district court’s order granting an NRCP 60(b) motion to set aside a final judgment for fraud upon the court. The Court held the district court’s order interlocutory and may not be appealed until a final judgment is entered.The Court held that the district court was not barred from considering the NRCP 60(b) motion and the district court did not abuse its discretion in granting relief based on fraud upon the court.

Boca Park Marketplace Syndications Grp., L.L.C. V. Higco, Inc., 133 Nev. Adv. Op. 114 (Dec. 28, 2017), Tamara Cannella

Nevada Supreme Court Summaries

The Court held the declaratory judgment exception to claim preclusion applies when the initial action sought only declaratory relief.

Hawkins V. Eighth Judicial Dist. Ct., 133 Nev. Adv. Op. 109 (Dec. 28, 2017), Rex Martinez

Nevada Supreme Court Summaries

The Nevada Supreme Court held that the district court must consider the factors from the Third Restatement when imposing sanctions in the form of attorney fees on parties.

Mccrosky V. Carson Tahoe Reg’L Med. Ctr., 133 Nev. Adv. Op. 115 (Dec. 28, 2017), Xheni Ristani

Nevada Supreme Court Summaries

The Court determined that vicarious liability is not abrogated by NRS 41A.045or by settling with one tortfeasor, unless the settlement so provides. Further, whether an ostensible agency exception exists is a question of fact that must be determined by the jury. Finally, after finding that federal law preempts NRS 42.021, the Court reverted to the per se rule in Nevada that collateral source payments may not be admitted into evidence.

The Problems Of Settlement Agreement Of The Parties In Economic Legal Proceedings, Q. Avezov

Review of law sciences

In this article the author has done legal comparative analysis of the issues connected with the conclusion of a settlement agreement of the parties in the economic legal proceedings in the light of scientific-theoretical, practical and legislation of foreign countries. Morever, studied legal consequence and procedural legal peculiarities of the conclusion of a settlement agreement. Conclusions are made upon analysis and the author has given suggestions to legislation with scientific grounds.

The Mutual Influence Of Legal Disciplines On Social Progress And Social Progress On The Development Of Legal Diciplines, O. Oqyulov

Review of law sciences

in the system of social sciences, legal disciplines occupy a special place. Investigating society, the mechanism of legal regulation of social relations, legal disciplines have a significant impact on the effectiveness of socio-economic reforms, perform a kind of creative function. In this study, various designs developed by the legal science, which have become an important source of development and progress, are disclosed. At the same time, both society and the changes taking place in society also have a response to the development of legal sciences, enrich its methodological apparatus, self-organization of legal science, and make demands on the personality of …

The Pro Bono Collaborative Project Spotlight 12-20-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Postmodern Social Control: Dividuals And Surveillance, Ernest M. Oleksy

The Downtown Review

As a society's foundational philosophy changes, so, too, will its forms of social control. By using the works of thinkers like Deleuze and Foucault as pivot points, the dynamic nature of social interactions and the agents to mediate those actions shall be investigated. This article includes findings from archival analysis written in a journalistic prose for simplicity of consumption.

Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy

The Downtown Review

Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the defense …

Ermold Files Paperwork To Challenge Davis, The Morehead News

Media Collection

No abstract provided.

Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran

Journal of Legislation

No abstract provided.

Ermold Filed His Paperwork With Davis, Raycom Media, The Daily Independent

Media Collection

No abstract provided.

Who Is David Ermold? Gay Man Enters County Clerk Race After Discrimination, Preeti Maheshwari

Media Collection

No abstract provided.

Gay Man Denied A Marriage License By Kim Davis Wants To Run Against Her, Benjamin Butterworth

Media Collection

No abstract provided.