Law Commons^™

Analysis Of New Approaches To Civil Legal Security For Loan Obligations, Nurillo Imomov

Review of law sciences

The article analyzes the need and specific features of “security transactions” as ways to ensure the fulfillment of obligations not specified in the Civil Code. It also explores new approaches to ensuring the fulfillment of obligations and proposes judgments in this area.

Economic Analysis Of Jewish Law, Keith Sharfman

Touro Law Review

No abstract provided.

Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.

Touro Law Review

No abstract provided.

Features Of Ensuring The Fulfillment Of Obligations On The Basis Of The Bank Guarantee, A Khidoyatullaev

ProAcademy

This a rticle discusses the issues o n using o f the b a n k g u a ra n te e as security fo r the fulfillm ent o f the oblig atio n .

Crime Spectators And The Tort Of Objectification, Amelia J. Uelmen

University of Massachusetts Law Review

Reports of how some bystanders interact with victims on the scene of an emergency are shocking. Instead of assisting or calling for help, these individuals take pictures or recordings of the victims on their cell phones. This Article concentrates on the question of whether such an interaction with a victim might in certain circumstances constitute a distinct and legally actionable harm. This Article proposes a new tort: exploitative objectification of a person in need of emergency assistance. It works to articulate the moral and legal foundations for an argument that treating a person in need of emergency assistance as an …

A Duty To Document, Marc Kosciejew

Proceedings from the Document Academy

Access to information is a bedrock principle of contemporary democratic governments and their public agencies and entities. Access to information depends upon these public institutions to document their activities and decisions. When public institutions do not document their activities and decisions, citizens’ right of access is ultimately denied. Public accountability and trust, in addition to institutional memory and the historical record, are undermined without the creation of appropriate records. Establishing and enforcing a duty to document helps promote accountability, openness, transparency, good governance, and public trust in public institutions. A duty to document should therefore be a fundamental component of …

An International Legal Obligation To Assist In Energy Development Arises From The Charter Of Economic Rights And Duties Of States, Vicki A. Breman

Georgia Journal of International & Comparative Law

No abstract provided.

Aaron's Law: Reactionary Legislation In The Guise Of Justice, Matthew Aaron Viana

University of Massachusetts Law Review

This Note argues that the proposed amendment to the Computer Fraud and Abuse Act dubbed “Aaron’s Law,” created in the wake of the prosecution and subsequent suicide of hacktivist Aaron Swartz, should not be enacted as it is overly reactionary legislation which would have unfortunate and unjust repercussions in the realm of civil litigation. This Note first describes the circumstances under which Mr. Swartz found himself prosecuted under the Computer Fraud and Abuse Act, namely his intrusion into, and downloading massive amounts of data from, large internet databases like PACER and JSTOR. This Note also explores the disputed interpretation of …

Synthetic Cdos, Conflicts Of Interest, And Securities Fraud, Jennifer O'Hare

University of Richmond Law Review

No abstract provided.

Are There Still Collateral Consequences In New York After Padilla?, John H. Wilson

Touro Law Review

No abstract provided.

Risks And Hedges Of Providing Liquidity In Complex Securities: The Impact Of Insider Trading On Options Market Makers, Stanislav Dolgopolov

Fordham Journal of Corporate & Financial Law

No abstract provided.

Beyond Occupation: Protected Persons And The Expiration Of Obligations, Tom Syring

ILSA Journal of International & Comparative Law

In spite of the increasing importance and expanding scope of international law, some subjects of international law still fall outside of the protection offered by existing legal instruments.

A Board’S Duty To Monitor, Eric J. Pan

NYLS Law Review

No abstract provided.

Rights And Obligations Of Americans In Mexico Under Immigration Law And Other Areas Of Mexican Law, Jorge A. Vargas

University of Richmond Law Review

No abstract provided.

Re-Examining International Responsibility: "Complicity" In The Context Of Human Rights Violations, John Cerone

ILSA Journal of International & Comparative Law

Recent events have focused the attention of international jurists on international responsibility for complicit conduct.

A Tale Of Two Trajectories, Cynthia A. Williams

Fordham Law Review

No abstract provided.

Someday All This Will Be Yours: Inheritance, Adoption, And Obligation In Capitalist America, Hendrik Hartog

Indiana Law Journal

Harris Lecture, delivered to the faculty and students of Indiana University School of Law-Bloomington on April 7, 2003.

Also see: Hartog, Hendrik. Someday All This Will be Yours: A History of Inheritance and Old Age. Cambridge: Harvard University Press, 2012.

A Jewish Look At Lawyering Ethics A Preliminary Essay, Steven H. Resnicoff

Touro Law Review

No abstract provided.

The Obligation To Negotiate In International Law: Rules And Realities, Martin A. Rogoff

Michigan Journal of International Law

Considered in this article is the important question of whether the obligation to negotiate imposes an affirmative obligation on a state to seek actively negotiations with the other interested state or states before it can legally engage in certain activities, or whether the obligation to negotiate simply requires the state subject to the obligation to respond favorably when asked by the other state or states to enter into negotiations.

Consideration And Estoppel: Problem And Panacea, Bruce Macdougall

Dalhousie Law Journal

In his book, The History of the Common Law of Contract, A.W.B. Simpson demonstrates that consideration originally seems to have meant the "matter of inducement" - the "why" of entering a promise.' He writes: "The essence of the doctrine of consideration, then, is the adoption by the common law of the idea that the legal effect of a promise should depend upon the factor or factors which motivated the promise. To decide whether a promise to do X is binding, you need to know why the promise was made."2 In modem terms, according to Simpson, a promise which lacks any …

Public Power And Private Obligation: An Analysis Of The Government Contract, Shannon Kathleen O'Byrne

Dalhousie Law Journal

This paper analyzes contracts made by the Government in terms of political theory. From this perspective, it explores the assumptions, utility, and accuracy of the private law model which historically has governed the Government's liability in contract. The paper's overarching objective is to question the propriety of applying private law principles to a public entity, particularly within the context of liberal democratic values to which both the Canadian State and society are pledged. In accord with McAuslan, it regards theoretical inquiry as significant. It asserts that if the current model of State liability collides with fundamental Canadian political constructs, or …

Due Process

Touro Law Review

No abstract provided.

Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach

Touro Law Review

No abstract provided.

Contracts, Keara M. O'Dempsey

Nova Law Review

It was a relatively quiet year in Contracts.

Attorney Compensation In Bankruptcy: The Ethical Obligation, Kimberly S. Armstrong

University of Baltimore Law Forum

No abstract provided.

International Law And The World Community The Meaning Of Words, The Nature Of Things, And The Face Of The International Order, Louis F.E. Goldie

International Law Studies

No abstract provided.

The Old Laywer Said: "I Look Out For My Paying Clients." The Young Lawyer Responded:"But Good Lawyers Must Also Do Some Free Public Service.", Chesterfield Smith

Nova Law Review

Does an ethical lawyer have an obligation to give some portion of professional time for free public service?

The Right Of Set-Off Against A Branch Bank

Fordham Law Review

No abstract provided.

Rationale Of Valuation Of Foreign Money Obligations, Charles Evan

Michigan Law Review

What then should a creditor of a foreign money obligation collect where there was a delay in payment? When are damages for depreciation of foreign money recoverable? As of what time and in what currency are they to be computed? How is the value of a foreign money obligation to be measured where no damages may be had? The answers to these and other incidental questions require a thorough analysis of certain features peculiar to the law of money.

It is the purpose of this article to clarify these problems, to sum up the primary principles by which they are …

Fiction Vs. Reality, In Re Contracts: A Survey, Merton Ferson

Vanderbilt Law Review

The history and philosophy of the law of contracts has more than academic interest. In some areas there are conflicts and uncertainties that stem from the history, nature and basis of contracts.

Primitive men were familiar with the idea of possession which later developed into the idea of ownership. And a person having possession or ownership has long been able to transfer whatever he had to another.'

But the idea of obligation was a later development in the advance of civilization. Obligations, as we know them at present, would have been incredible to primitive men. Do we fully realize even …