Law Commons^™

Rethinking Contractual Limits On Fiduciary Duties, Christina M. Sautter

Journal Articles

The recent financial crisis has placed a renewed focus on completion risk in the world of mergers and acquisitions. Dealmakers have increasingly attempted to control for such risks by altering merger agreement provisions to achieve a greater level of deal certainty. This Article addresses one such provision – the merger recommendation covenant and its related fiduciary out. The purpose of the merger recommendation fiduciary out is to address a tension created by two fundamental precepts arising under corporate law and contract law – a board of director’s duties to the corporation and its stockholders versus the binding covenants of a …

Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy

Journal Articles

For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.

This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …

Evolving Viruses And Stagnant Public Health Policies: Flu, Fear, And Free Riders, Edward P. Richards

Journal Articles

No abstract provided.

The Continuing Role Of Implied Covenants In Developing Leased Lands, Keith B. Hall

Journal Articles

No abstract provided.

"Cricket On The Hearth": Edward Douglass White And The Constitution, Paul R. Baier

Journal Articles

No abstract provided.

When Is A Use In Commerce A Noncommercial Use?, Lee Ann Lockridge

Journal Articles

When is a use in commerce a noncommercial use? This question may sound like the opening for a ridiculous legal riddle, but it is a real conundrum in trademark dilution law. The current federal dilution statute, section 43(c) of the Lanham Act, creates liability based on the "use of a mark or trade name in commerce," when that use is likely to blur or tarnish a famous mark. At the same time, the statute characterizes certain activities as nonactionable "exclusions," including 'any noncommercial use of a mark." So the use of a mark in commerce can be a noncommercial use-but …

Honoring International Obligations In U.S. Trademark Law: How The Lanham Act Protects Well-Known Foreign Marks (And Why The Second Circuit Was Wrong), Lee Ann Lockridge

Journal Articles

No abstract provided.

Some Thoughts On Chuck Lorre: "Bad Words" And "The Raging Paranoia Of Our Network Censors", Christine Corcos

Journal Articles

No abstract provided.

Closing The Loop On Guantanamo, Scott Sullivan, Joshua Colangelo-Bryan

Journal Articles

No abstract provided.

Neal Feigenson And Christina Spiesel: Law On Display: The Digital Transformation Of Legal Persuasion And Judgment, Christine Corcos

Journal Articles

No abstract provided.

Foreword, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

Don Saúl Litvinoff (1925-2010) , Agustín Parise, Julio Romañach Jr.

Journal of Civil Law Studies

No abstract provided.

Press Freedom In Indonesia: A Case Of Draconian Laws, Statutory Misinterpretation, But Still One Of The Freest In Southeast Asia, Nono Anwar Makarim

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

An Introduction To Contamination, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

Foundations For A Revival Of The Case Method In Civil Law Education, Fernando M. Toller

Journal of Civil Law Studies

The article explores the origins, foundations, and present development of the case method in the Civil Law tradition. It supports the idea that, properly defined, this methodology is very suitable for law, and not only in Common Law jurisdictions, but also the Civil Law and is even more appropriate in Continental law schools. There are indeed some undisputable common roots between Common Law and Civil Law regarding this pedagogical tool.

The misunderstandings and skepticism about the usability of this method in Civil Law education are challenged and answered. The article proves that the case method is a serious and useful …

The Vienna Sales Convention (Cisg) Between Civil And Common Law – Best Of All Worlds?, Ulrich Magnus

Journal of Civil Law Studies

No abstract provided.

Legal Theory And The Variety Of Legal Cultures, Sheldon Leader

Journal of Civil Law Studies

This essay begins with a consideration of two anxieties about courts that are common to the civil and common law traditions: a worry about illegitimate judicial law making, and a worry about judicial bias. It will then move to the contribution legal theories might make in dealing with these shared anxieties, with a focus on a position that draws on the two largest contestants: natural law and legal positivism. It will end with an indication of the further distance that theory needs to take us before these worries about the judiciary can be effectively tackled.

The Reform Of Legal Education In China And Japan: Shifting From The Continental To The American Model, Xiangshun Ding

Journal of Civil Law Studies

No abstract provided.

Common Law, Civil Law, And The Challenge From Federalism, Santiago Legarre

Journal of Civil Law Studies

No abstract provided.

The Principle Of Proportionality: The Challenges Of Human Rights, Juan Cianciardo

Journal of Civil Law Studies

The purpose of the present paper can be synthesized in the following points: a) to expose the concept of the principle of proportionality in its broadest sense and its different components or dimensions; b) to draw the attention to an approach which is usually not studied by authors, that is, the fact that the application of the principle is not enough to guarantee the supremacy of the human rights, at least in some cases; c) lastly, to point out those requirements that could protect proportionality from the risk mentioned in b).

Academic Legal Writings By Saúl Litvinoff

Journal of Civil Law Studies

No abstract provided.

Complete V.3

Journal of Civil Law Studies

No abstract provided.