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1997

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Institution
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Articles 6991 - 6995 of 6995

Full-Text Articles in Law

Reclaiming The Law Of Suretyship, Barlow F. Burke Dec 1996

Reclaiming The Law Of Suretyship, Barlow F. Burke

Barlow F. Burke

Business firms, including miners and mining companies, seek to prevent
loss in various ways. When their assets are real property, a mortgage may
provide collateral or other security for their activities. As security for a debt, a mortgage is only an effective remedy when it enables the creditor, such as a bank or other lender, to declare a default, seize the title in a foreclosure action, and then use the property to satisfy the mortgage
debt. The Latin word for security was securitas, translated as sponsor. The idea
of a mortgage lien or a security is that the property itself …

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Small Claims President's Message, Gerald Lebovits Dec 1996

Small Claims President's Message, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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'Opt-In' For Judicial Review Of Errors Of Law Under The Revised Uniform Arbitration Act, Stephen Ware Dec 1996

'Opt-In' For Judicial Review Of Errors Of Law Under The Revised Uniform Arbitration Act, Stephen Ware

Stephen Ware

The Uniform Arbitration Act is one of the most successful uniform laws. It has been enacted in 35 states and 14 other jurisdictions have substantially similar statutes. Originally enacted in 1955, the Uniform Arbitration Act is now being revised for the first time. The current draft of the Revised Uniform Arbitration Act contains a number of changes from the original. While most of these changes are minor, one is of great conceptual significance. That is the provision, currently Section 19(b), allowing parties to 'opt-in' for judicial review of arbitrators' legal rulings.

A number of concerns have been expressed about this …

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The Remoteness That Betrays Desire, Kenneth Anderson Dec 1996

The Remoteness That Betrays Desire, Kenneth Anderson

Kenneth Anderson

This 1997 review in the Times Literary Supplement covered the then, as now, incendiary issue of the nude photography of children and adolescents. It reviewed photobooks by two leading photographers of children in the nude, Jock Sturges and David Hamilton. Sturges, an American, photographed mainly on nude beaches in France and Europe, often following the same families and children for years on end; he had been indicted on child pornography charges in the 1908s, although the jury took only a few minutes to find for him. Hamilton, British, has photographed in France and in various islands. The photography of child …

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Perfiles Comparativos Sobre La Responsabilidad Civil. La Culpa Al Servicio De Los Débiles, Mauro Bussani Dec 1996

Perfiles Comparativos Sobre La Responsabilidad Civil. La Culpa Al Servicio De Los Débiles, Mauro Bussani

Mauro Bussani

The purpose of this essay is to present and challenge a cherished tenet of the Western negligence law. This is the idea according to which every person’s behavior should conform to the standard of care expected of the so-called ‘reasonable person’ endowed with conventional knowledge, average musculature, normal reactions, commonplace skills, and ordinary intelligence and memory. In particular, the paper: (i) discusses the flaws of this standard when applied to persons who are weaker than the average, i.e. minors, the elderly, and those who suffer from a psychological disability; and (ii) shows how several functions traditionally attributed to the general …

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