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Articles 31 - 60 of 88
Full-Text Articles in Law
Peña V. Simeon, William Gaskins
Mccarthy V. Entergy Gulf States, Leigh G. Hill
Mccarthy V. Entergy Gulf States, Leigh G. Hill
Journal of Civil Law Studies
No abstract provided.
Broussard V. Rogers, Aster Lee
Scalia & Garner’S Reading Law: A Civil Law For The Age Of Statutes?, James R. Maxeiner
Scalia & Garner’S Reading Law: A Civil Law For The Age Of Statutes?, James R. Maxeiner
Journal of Civil Law Studies
In Reading Law: The Interpretation of Legal Texts, U.S. Supreme Court Justice Antonin Scalia and American legal lexicographer Bryan A. Garner challenge Americans to start over in dealing with statutes in the Age of Statutes. They propose “textualism,” i.e., “that the words of a governing text are of paramount concern, and what they convey in their context is what the text means.” Textualism is meant to remedy the American lack of “a generally agreed-on approach to the interpretation of legal texts.” That deficiency makes American law unpredictable, unequal, undemocratic and political. In the book’s Foreword, Chief Judge Frank Easterbrook …
Cyprus As A Mixed Legal System, Nikitas E. Hatzimihail
Cyprus As A Mixed Legal System, Nikitas E. Hatzimihail
Journal of Civil Law Studies
Cyprus presents us with its own kind of a mixed legal system: its private law is mostly common law, long codified in statutes. Its public law derives from the continental tradition. Procedural law is purely common law—a major factor in the mutation of the “continental” elements of the legal system. The state of play is affected by the split in the legal profession between continental- and English-educated lawyers (a split acquiring generational and subject-matter dimensions). The bulk of legislation and legal institutions have a distinctively colonial and/or post-colonial flavor. However, the country and the legal elites identify with, and are …
Semantics And Legal Interpretation: A Comparative Study Of The Value Of Embryonic Life Under Argentine And U.S. Constitutional Law, María Del Pilar Zambrano, Estela B. Sacristán
Semantics And Legal Interpretation: A Comparative Study Of The Value Of Embryonic Life Under Argentine And U.S. Constitutional Law, María Del Pilar Zambrano, Estela B. Sacristán
Journal of Civil Law Studies
No abstract provided.
Transfer Of Immovable And Systems Of Publicity In The Western World: An Economical Approach, Luz M. Martínez Velencoso
Transfer Of Immovable And Systems Of Publicity In The Western World: An Economical Approach, Luz M. Martínez Velencoso
Journal of Civil Law Studies
This paper aims to analyse the norms pertaining to the transfer and publicity of property rights from an economic perspective. It is a characteristic of this analysis that it puts the rules that regulate these rights in relation with their associated negotiation costs. This offers a new approach to the examination of the definition, content, and transfer of these rights. Legal norms that minimize the problem of conflicts of ownership increase the value of property in the hands of its owners. One of the instruments oriented to reduce uncertainties of this type is the Land Register, which promotes the exchange …
Anything But Common: The Role Of Louisiana’S Civilian Tradition In The Development Of Federal Civil Rights Jurisprudence Under The Fourteenth Amendment, Jared Bianchi
Journal of Civil Law Studies
No abstract provided.
Filling The Gaps: The Value Of The Common Law Approach To Gross Negligence And Punitive Damages, Justin Ward
Filling The Gaps: The Value Of The Common Law Approach To Gross Negligence And Punitive Damages, Justin Ward
Journal of Civil Law Studies
No abstract provided.
Delaney V. Mccoy, Claire Murray
Short V. Short, Taheera S. Randolph
Short V. Short, Taheera S. Randolph
Journal of Civil Law Studies
No abstract provided.
Petrie V. Michetti, Morgan Romero
Hoover Tree Farm V. Goodrich Petroleum, Marion P. Roy Iii
Hoover Tree Farm V. Goodrich Petroleum, Marion P. Roy Iii
Journal of Civil Law Studies
No abstract provided.
Andrus V Hillman, Ross Tuminello
Québec’S Partnership: Une Société Distincte, Alexandra Popovici
Québec’S Partnership: Une Société Distincte, Alexandra Popovici
Journal of Civil Law Studies
No abstract provided.
Russian Society And Its Civil Codes: A Long Way To Civilian Civil Law, Asya Ostroukh
Russian Society And Its Civil Codes: A Long Way To Civilian Civil Law, Asya Ostroukh
Journal of Civil Law Studies
No abstract provided.
Spanish Law In 2010-2012: The Influence Of European Union Law And The Impact Of The Economic Crisis, Juana Marco Molina
Spanish Law In 2010-2012: The Influence Of European Union Law And The Impact Of The Economic Crisis, Juana Marco Molina
Journal of Civil Law Studies
No abstract provided.
Extraterritoriality And The Dormant Commerce Clause: A Doctrinal Post-Mortem, Brannon P. Denning
Extraterritoriality And The Dormant Commerce Clause: A Doctrinal Post-Mortem, Brannon P. Denning
Louisiana Law Review
The article offers information related to the dormant Commerce Clause doctrine (DCCD), a legal doctrine that courts in the U.S. have inferred from the commerce clause related to the prohibition of the extraterritorial state legislation. It mentions that the clause expressly grants congress the power to regulate commerce among the several states.
The Uneasy Case For Deferring Banker Pay, Eric D. Chason
The Uneasy Case For Deferring Banker Pay, Eric D. Chason
Louisiana Law Review
The article offers information related to banker-pay regulation in the context of overall financial regulation in the U.S. state Louisiana. In mentions that the primary goal of financial regulation is to reduce systemic risk associated with the economic conditions of the state. It mentions that the regulations should be framed for preventing risk associated with extraordinary and external costs of distress of banks and financial firms.
Save Now, Pay Later: The Unfortunate Reality Of Pliva V. Mensing, Fabian Nehrbass
Save Now, Pay Later: The Unfortunate Reality Of Pliva V. Mensing, Fabian Nehrbass
Louisiana Law Review
The article offers information related to the supreme courts decisions in PLIVA v. Mensing court case. It mentions that the court has ruled that generic drug companies cannot be sued under state law over allegations that they failed to provide adequate labeling about side effects. It mentions that the case come before the court as court found that the U.S. Food and Drug administration's regulations require that the labeling on a generic drug should be identical to its brand drug counterpart.
The Nature Of The Form: Legal And Regulatory Issues Surrounding The Bitcoin Digital Currency System, Joshua J. Doguet
The Nature Of The Form: Legal And Regulatory Issues Surrounding The Bitcoin Digital Currency System, Joshua J. Doguet
Louisiana Law Review
The article offers information related to the legal and regulatory issues associated with the use of Bitcoins, a cryptocurrency. It informs creation and transfer of bitcoins is based on an open-source cryptographic protocol that is independent of any central authority. It informs that in 2008, an enigmatic programmer, known only as Satoshi Nakamoto, first proposed the idea for Bitcoin. It reports the need of new regulatory efforts for the use of bitcoins.
Intentional Killing Without Intending To Kill: Knobe’S Theory As A Rational Limit On Felony Murder, Joseph C. Mauro
Intentional Killing Without Intending To Kill: Knobe’S Theory As A Rational Limit On Felony Murder, Joseph C. Mauro
Louisiana Law Review
Felony murder authorizes maximum criminal punishment, the kind typically reserved for the most ruthless and calculating killers, for defendants who did not even intend to kill. Many retributivist scholars therefore criticize felony murder for abandoning the traditional notion that intent determines culpability and the appropriate degree of punishment. Despite widespread agreement with this criticism, however, felony murder persists in most jurisdictions. Joshua Knobe's empirical research turns this problem on its head by suggesting that intent is not just a mental state. Numerous experiments have shown, in fact, that people are more likely to call an action intentional, regardless of what …
From Jeopardy! To Jaundice: The Medical Liability Implications Of Dr. Watson And Other Artificial Intelligence Systems, Jessica S. Allain
From Jeopardy! To Jaundice: The Medical Liability Implications Of Dr. Watson And Other Artificial Intelligence Systems, Jessica S. Allain
Louisiana Law Review
In this article, the author offers information on need of reframing the laws that can encourage innovative technology's growth to overcome the healthcare shortages and enhance the quality of patients care. It suggests that an approach of law for assessing the liability against artificial intelligence systems and robotics for advanced health care is required in the U.S.
Collision Course: How Federal Rule Of Civil Procedure 23(F) Has Silently Undermined The Prohibition On American Pipe Tolling During Appeals Of Class Certification Denials, Kevin Welsh
Louisiana Law Review
The article offers information on the court case Calderon v. Presidio Valley Farmers Association (PVFA). It mentions that court ruled in favor of the Mexican farmworkers that sued the Presidio Valley Farmers Association and its grower members for breach of their employment agreement and numerous violations of the Farm Labor Contractor Registration Act. It reports that The PVFA had hired the workers during the 1977 and 1978 harvest seasons.
New Wine In An Old Chalice: The Ministerial Exception’S Humble Roots, Blair A. Crunk
New Wine In An Old Chalice: The Ministerial Exception’S Humble Roots, Blair A. Crunk
Louisiana Law Review
In this article, the author offers information related to the ministerial exception, de facto law of the U.S. intended to protect the freedom of religion that exempts institutions from anti discrimination laws in hiring employees. It further discusses the influence of ministerial exception in employment discrimination laws of the U.S.