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Full-Text Articles in Law
Statutory Liens In The Atlantic Canada Offshore Area, Robert Carmichael
Statutory Liens In The Atlantic Canada Offshore Area, Robert Carmichael
Dalhousie Law Journal
This article will examine statutory and common law liens in relation to assets used in oil and gas exploration and production in areas offshore Nova Scotia and Newfoundland and Labrador It considers the applicable constitutional regime, the maritime law and the interrelationship between maritime law, federal law, and provincial law.
Convergence Of Political Systems, Don Luis Martinez-Calcerrada Y Gómez
Convergence Of Political Systems, Don Luis Martinez-Calcerrada Y Gómez
Louisiana Law Review
No abstract provided.
The Interrelationship Between Common Law And Civil Law, Guy Canivet
The Interrelationship Between Common Law And Civil Law, Guy Canivet
Louisiana Law Review
No abstract provided.
Influence Croisée De La Common Law Et Du Droit Civil, Guy Canivet
Influence Croisée De La Common Law Et Du Droit Civil, Guy Canivet
Louisiana Law Review
No abstract provided.
La Convergencia De Los Sistemas Jurídicos, Don Luis Martinez-Calcerrada Y Gómez
La Convergencia De Los Sistemas Jurídicos, Don Luis Martinez-Calcerrada Y Gómez
Louisiana Law Review
No abstract provided.
Capitant Lecture, James L. Dennis
The Continuing Influence Of Le Droit Civil And El Derecho Civil In The Private Law Of Louisiana, J.-R. Trahan
The Continuing Influence Of Le Droit Civil And El Derecho Civil In The Private Law Of Louisiana, J.-R. Trahan
Louisiana Law Review
No abstract provided.
Discontinuity Of Law And Legal Security, Nicolas Molfessis
Discontinuity Of Law And Legal Security, Nicolas Molfessis
Louisiana Law Review
No abstract provided.
Discontinuité Du Droit Et Sécurité Juridique, Nicolas Molfessis
Discontinuité Du Droit Et Sécurité Juridique, Nicolas Molfessis
Louisiana Law Review
No abstract provided.
Duty Of Care To The Intoxicated: The Irish Approach, Mary Drennan
Duty Of Care To The Intoxicated: The Irish Approach, Mary Drennan
San Diego International Law Journal
This Article examines whether the relationship between publican and patron should or should not produce such an obligation. It also addresses the possible defenses to such a claim in the tort of negligence. Finally, as the matter is not a settled point of Irish law, this Article also attempts to assess the potential approach of its courts, in view of the approach taken by the English courts to the issue and the flurry of academic comment in the wake of a recent Irish settlement. These issues are certain to surface in litigation again. Regardless of the approach taken by the …
Atkins V. Virginia: The Court's Failure To Recognize What Lies Beneath, Jaime L. Henshaw
Atkins V. Virginia: The Court's Failure To Recognize What Lies Beneath, Jaime L. Henshaw
University of Richmond Law Review
No abstract provided.
If History Mattered: John Marshall And Reframing The Constitution, Aviam Soifer
If History Mattered: John Marshall And Reframing The Constitution, Aviam Soifer
Michigan Law Review
What more can there be to learn about John Marshall? We have been blessed recently with a flood of fine books about Marshall and the Supreme Court over which he presided from 1801 until 1835. We also now have readily available an impressive collection of documents concerning the Court before Marshall, as well as a fine series collecting, introducing, and annotating Marshall's papers. With recent bicentennial celebrations marking the beginning of Marshall's career as Chief Justice and the anniversary of Marbury v. Madison, an outpouring of law review articles and scholarly symposia have offered learned exchanges about the great Chief …
Centuries Of Contract Common Law Can't Be All Wrong: Why The Uma's Exception To Mediation Confidentiality In Enforcement Proceedings Should Be Embraced And Broadened, Peter Robinson
Journal of Dispute Resolution
The National Conference of Commissioners on Uniform State Laws and House of Delegates of the American Bar Association recently approved the Uniform Mediation Act ("UMA") with an eye toward unifying the law of mediation confidentiality in the United States. Soon, numerous states and other organizations will consider modifying statutes, court rules, or professional standards to conform to the UMA. One of the important aspects of mediation confidentiality is how it applies when enforcing a mediated agreement.' In some jurisdictions, mediation confidentiality interferes with the application of contract law when enforcing a mediated agreement to produce absurd results. This article will …
Aside The Aside: The True Precedent Of Baseball In Law: Law The Residue Of Luck - Or, Who's Not On First?, Eldon L. Ham
Aside The Aside: The True Precedent Of Baseball In Law: Law The Residue Of Luck - Or, Who's Not On First?, Eldon L. Ham
Marquette Sports Law Review
No abstract provided.
Incorporating Common Law Into The Constitution Of Canada: Egale V. Canada And The Status Of Marriage, Mark D. Walters
Incorporating Common Law Into The Constitution Of Canada: Egale V. Canada And The Status Of Marriage, Mark D. Walters
Osgoode Hall Law Journal
Recent decisions of the Supreme Court of Canada raise complicated questions about the relationship between the common law and the Constitution. In particular, a distinction may now be drawn between constitutional common law concepts that are "incorporated" by the Constitution and those that are "free-standing" or "text-emergent." The author explores the significance of these distinctions by examining the argument, accepted in the recent case of EGALE V. Canada, that the reference to marriage in section 91(26) of the Constitution serves to incorporate the common law definition of marriage into the Constitution, thus preventing federal or provincial legislation from legalizing same-sex …