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2017

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Articles 61 - 90 of 15092

Full-Text Articles in Law

The Fourth Circuit’S Treatment Of Anunconventional Obligation Inwegmann V. Tramontin, Nathan W. Friedman Dec 2017

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 Dec 2017

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 Dec 2017

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 Dec 2017

Editorial

Journal of Civil Law Studies

No abstract provided.


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

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 Dec 2017

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 Dec 2017

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 Dec 2017

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 Dec 2017

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 Dec 2017

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 Dec 2017

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 Dec 2017

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 Dec 2017

Complete V.10

Journal of Civil Law Studies

No abstract provided.


December 31, 2017: 2017, Bruce Ledewitz Dec 2017

December 31, 2017: 2017, Bruce Ledewitz

Hallowed Secularism

Blog post, “2017“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Oral History Of A.J. "Bud" Hicks, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Dec 2017

The Oral History Of A.J. "Bud" Hicks, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

A.J. “Bud”Hicks is known to be one of Nevada’s most experienced gaming law practitioners. He formerly served as the Chief Deputy Attorney General, representing the Nevada Gaming Control Board and the Nevada Gaming Commission. Today, Hicks continues to practice gaming law, working with clients that include publicly traded gaming companies, lenders of gaming operators, and others who seek to enter the gaming industry.


The State Of Utah, Plaintiff/Appellee, V. Eddie A. Salazar, Defendant/Appellant : Reply Brief, Utah Court Of Appeals Dec 2017

The State Of Utah, Plaintiff/Appellee, V. Eddie A. Salazar, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT

Appeal from a judgment of conviction for one count of Burglary, a second
degree felony, in violation of Utah Code 76-6-202 and one count of Theft, a class
B misdemeanor, in violation of Utah Code 76-6-404, in the Third Judicial
District, in and for Salt Lake County, State of Utah, the Honorable Keith Kelly
presiding.

Appellant is not incarcerated.


Mary Ellen Robertson Petitioner/Appellee, V. Michael Stevens Respondent/Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2017

Mary Ellen Robertson Petitioner/Appellee, V. Michael Stevens Respondent/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

ORAL ARGUMENT REQUESTED

On appeal from:
The Honorable Ernie W. Jones
Second Judicial District Court
District Court No. 154901439


Kathy Engle, Appellant, Vs. Wende Throne, Special Administrator And Trustee, Judy Engle, Eldean Roy Engle, Britta Lynn Wilcken, Alexa Thayer, And Bullock Law Firm, Appellees. : Brief Of Appellee, Utah Court Of Appeals Dec 2017

Kathy Engle, Appellant, Vs. Wende Throne, Special Administrator And Trustee, Judy Engle, Eldean Roy Engle, Britta Lynn Wilcken, Alexa Thayer, And Bullock Law Firm, Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellee Wende Throne

*REDACTED PUBLIC RECORD*

In the Matter of the Estate of Homer Engle, deceased.

Appeal from April 12, 2017 Order Closing Probate Based on Court's Findings,
Conclusions, and Order Filed on April 7, 2017, in the Third Judicial District,
Salt Lake County, the Honorable Keith Kelly presiding.


Roger Bryner, Plaintiff-Appellant, V. Utah Attorney General's Office, Defendant-Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2017

Roger Bryner, Plaintiff-Appellant, V. Utah Attorney General's Office, Defendant-Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

RESPONSE BRIEF OF DEFENDANT

Appeal from the Final Order of the Third Judicial District Court in
and for Salt Lake County, Honorable Laura S. Scott, Presiding
Case No. 160906562


Bruce Harper, Appellant/Petitioner, Vs. Utah Labor Commission, Energy Enterprises, Inc., And Drive Line, Llc., Appellees/Respondents, : Reply Brief, Utah Court Of Appeals Dec 2017

Bruce Harper, Appellant/Petitioner, Vs. Utah Labor Commission, Energy Enterprises, Inc., And Drive Line, Llc., Appellees/Respondents, : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

APPELLANT'S REPLY BRIEF

Oral Arguments Requested

On appeal from a final order of the Utah Third Judicial District Court,
The Honorable James Gardner, presiding.


State Of Utah, Plaintiff/Appellee, Vs. Jennifer Oryall, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2017

State Of Utah, Plaintiff/Appellee, Vs. Jennifer Oryall, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY, STATE OF
UTAH, FROM A CONVICTION OF DRIVING UNDER THE INFLUENCE OF
ALCOHOL/DRUGS, A THIRD DEGREE FELONY,
BEFORE THE HONORABLE JUDGE JAMES TAYLOR

Appellant is not currently incarcerated on this case


State Of Utah, Plaintiff/Petitioner, V. Tracy Scott, Defendant/Respondent : Brief Of Appellee, Utah Supreme Court Dec 2017

State Of Utah, Plaintiff/Petitioner, V. Tracy Scott, Defendant/Respondent : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF RESPONDENT

CERTIORARI REVIEW ON A DECISION OF THE UTAH COURT OF APPEALS
FROM AN APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY,
FOR A CONVICTION OF MURDER, FIRST DEGREE FELONY, BEFORE THE
HONORABLE DAVID MORTENSEN

ORAL ARGUMENT REQUESTED

Appellant is currently incarcerated on this case


In The Matters Of The Name And Sex/Gender Change Of: Sean W. Childers-Gray, F.K.A. Jenny Pace, Appellant, And Angie Rice, F.K.A. Arthur Edward Rice, Appellant. : Brief Of Appellant, Utah Supreme Court Dec 2017

In The Matters Of The Name And Sex/Gender Change Of: Sean W. Childers-Gray, F.K.A. Jenny Pace, Appellant, And Angie Rice, F.K.A. Arthur Edward Rice, Appellant. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF APPELLANTS

On appeal from the Second Judicial District Court,
Honorable Noel S. Hyde, District Court Nos. 163900359 and 163500015


Robert L. Judd Iii, Trustee In Trust For The Robert L. Judd Marital Trust, And Charles L. Allen, Trustee Of The Pauline J. Weggeland Family Trust Petitioners, V. David Bowen, An Individual, Respondent. : Brief Of Appellant, Utah Supreme Court Dec 2017

Robert L. Judd Iii, Trustee In Trust For The Robert L. Judd Marital Trust, And Charles L. Allen, Trustee Of The Pauline J. Weggeland Family Trust Petitioners, V. David Bowen, An Individual, Respondent. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF PETITIONERS ROBERT L. JUDD III and CHARLES L. ALLEN

Appeal from the Third Judicial District Court, Salt Lake County
Honorable Su J. Chon, Case No. 110917049;
Utah Court of Appeals No. 20140285-CA


Heartwood Home Health & Hospice, Llc,, Plaintiff/Appellant, V. Rita Huber, And Glenna Molyneux, Defendants/Appellees : Brief Of Appellee, Utah Court Of Appeals Dec 2017

Heartwood Home Health & Hospice, Llc,, Plaintiff/Appellant, V. Rita Huber, And Glenna Molyneux, Defendants/Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

APPELLEES' BRIEF

Appeal from the Third District Court, Salt Lake County from orders entered
by the Honorable John Paul Kennedy.


The State Of Utah, Plaintiff/Appellee, V. Eddie A. Salazar, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2017

The State Of Utah, Plaintiff/Appellee, V. Eddie A. Salazar, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

Appeal from a judgment of conviction for one count of Burglary, a second
degree felony, in violation of Utah Code 76-6-202, and one count of Theft, a
class B misdemeanor, in violation of Utah Code 76-6-404, in the Third Judicial
District, in and for Salt Lake County, State of Utah, the Honorable Keith Kelly
presiding.

Appellant is not incarcerated.


Thomas G. Martin, M.D., Plaintiff-Appellant, V. The University Of Utah; The University Of Utah College Of Pharmacy; The Utah Poison Control Center; Barbara Crouch; In Her Official And Individual Capacities; Diana Brixner, In Her Official And Individual Capacities; Erik Barton, In His Official And Individual Capacities; Stephen Hartsell, In His Individual And Official Capacities; Samuel Finlayson, In His Official And Individual Capacities; Heidi Thompson, In Her Official And Individual Capacities; Paula Peacock, In Her Official And Individual Capacities, And Does 1-10, In Their Official And Individual Capacities. Defendants-Appellees : Brief Of Appellant, Utah Court Of Appeals Dec 2017

Thomas G. Martin, M.D., Plaintiff-Appellant, V. The University Of Utah; The University Of Utah College Of Pharmacy; The Utah Poison Control Center; Barbara Crouch; In Her Official And Individual Capacities; Diana Brixner, In Her Official And Individual Capacities; Erik Barton, In His Official And Individual Capacities; Stephen Hartsell, In His Individual And Official Capacities; Samuel Finlayson, In His Official And Individual Capacities; Heidi Thompson, In Her Official And Individual Capacities; Paula Peacock, In Her Official And Individual Capacities, And Does 1-10, In Their Official And Individual Capacities. Defendants-Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

Appeal from the Third Judicial District Court
In and for Salt Lake County, State of Utah
The Honorable Andrew H. Stone

ORAL ARGUMENT REQUESTED


State Of Utah, Plaintiff/Appellee, V. Reynaldo Thomas Martinez, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2017

State Of Utah, Plaintiff/Appellee, V. Reynaldo Thomas Martinez, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

On appeal from the Third Judicial District Court, Salt Lake County,
Honorable Paul B. Parker presiding
Defendant is incarcerated


Mary Ellen Robertson Petitioner/Appellee, V. Michael Stevens Respondent/Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2017

Mary Ellen Robertson Petitioner/Appellee, V. Michael Stevens Respondent/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

ORAL ARGUMENT REQUESTED

On appeal from:
The Honorable Ernie W. Jones
Second Judicial District Court
District Court No. 154901439


Thomas G. Martin, M.D., Plaintiff-Appellant, V. The University Of Utah; The University Of Utah College Of Pharmacy; The Utah Poison Control Center; Barbara Crouch; In Her Official And Individual Capacities; Diana Brixner, In Her Official And Individual Capacities; Erik Barton, In His Official And Individual Capacities; Stephen Hartsell, In His Individual And Official Capacities; Samuel Finlayson, In His Official And Individual Capacities; Heidi Thompson, In Her Official And Individual Capacities; Paula Peacock, In Her Official And Individual Capacities, And Does 1-10, In Their Official And Individual Capacities. Defendants-Appellees. : Brief Of Appellant, Utah Court Of Appeals Dec 2017

Thomas G. Martin, M.D., Plaintiff-Appellant, V. The University Of Utah; The University Of Utah College Of Pharmacy; The Utah Poison Control Center; Barbara Crouch; In Her Official And Individual Capacities; Diana Brixner, In Her Official And Individual Capacities; Erik Barton, In His Official And Individual Capacities; Stephen Hartsell, In His Individual And Official Capacities; Samuel Finlayson, In His Official And Individual Capacities; Heidi Thompson, In Her Official And Individual Capacities; Paula Peacock, In Her Official And Individual Capacities, And Does 1-10, In Their Official And Individual Capacities. Defendants-Appellees. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT

Appeal from the Third Judicial District Court
In and for Salt Lake County, State of Utah
The Honorable Andrew H. Stone

ORAL ARGUMENT REQUESTED