Law Commons^™

Deutsche Bank National Trust Company, Trustee For Ameriquest Mortgage Securities, Inc. Asset-Backed Pass-Through Certificiates Series 2004-R8 Appellee, V. William York, Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE FOURTH nIDICIAL DISTRICT COURT, MILLARD COUNTY, STATE OF UTAH, THE HON. JAMES BRADY, CASE NO. 120700011

Mmu: 10/05/15–10/11/15, Student Bar Association

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.

Mariage Et Union De Personnes De Même Sexe Aux États-Unis : Une Affaire Compliquée Par Le Fédéralisme, Olivier Moréteau

Journal of Civil Law Studies

In the United States of America, because of federalism, the power to legislate on marriage and to decide who can marry and with whom, belongs to the legislature of the individual states. However, state legislative power may be curbed by state constitution (under the control of state courts and possible review by the state supreme court) and the United States Constitution (under the control of federal courts and possible review by the United States Supreme Court). The question whether homosexual couples have access to marriage was bound to become a constitutional issue. More and more states opened marriage to same-sex …

Drawing The Line Of The Scope Of The Duty Of Care In American Negligence And French Fault-Based Tort Liability, Karel Roynette

Journal of Civil Law Studies

No abstract provided.

The Role Of Objective Good Faith In Current Contract Law: For A General Duty Of Inter Partes Cooperation And Solidarity, Lucas Abreu Barroso, Laio Portes Sthel

Journal of Civil Law Studies

Seen from the historical-cultural perspective, theoretical models of modernity, still present in law, are anachronistic before the increasingly complex and dynamic contemporary reality. In this scenario, and with the aim of providing a renewal of Brazilian Civil Law, the 2002 Civil Code was developed with several general clauses. Among them is the general clause of objective good faith and in the midst of its practical uses is its role in establishing the “attached duties”. The doctrine that discusses this topic, however, runs counter to the epistemological assumptions adopted in this study and thereby is insufficient and contradictory in relation to …

Costanza And Brewer V. Caldwell, Tiffany Bush

Journal of Civil Law Studies

No abstract provided.

Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Cover

Journal of Civil Law Studies

No abstract provided.

Golden Jubilee Of The Center Of Civil Law Studies: Celebrating The Development Of Legal Science In Louisiana, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Introduction, The Editors

Journal of Civil Law Studies

No abstract provided.

Les Unions En France : L’Embarras Du Choix ?, Dominique Garreau

Journal of Civil Law Studies

French law regulates two types of unions, marriage and civil union (Civil Solidarity Pact or PACS), and tolerates free union, which is regarded as a de facto situation. Originally, marriage was the only option. Social evolution has led the French legislature to create the PACS (1999), but this did not fully satisfy homosexual couples who, in 2013, obtained full access to marriage. Why then keeping two institutions? While similarities exist as to the formation of both forms of union, marriage remains more formalistic because rooted in tradition. Effects are not similar: while both marriage and civil union oblige to community …

Il Matrimonio Per Tutti ? Le Droit Et La Société Italiens Face Aux Unions Entre Personnes De Même Sexe, Enrica Bracchi, Carolina Simoncini

Journal of Civil Law Studies

Unlike many other European Union countries, in Italy a legislation governing same-sex couples marriages still lacks. This legal vacuum is mainly due to the strong influence of the Catholic Church on Italian politics. A progressive gap between the demand of the civil society asking for equal treatment between heterosexual and homosexual couples, and the backwardness of the internal positions of the Italian Parliament appears. However, several isolated attempts have been and are still being made to fill that gap: various judgments of the Italian Court of Cassation affirmed the equal treatment of all "social formations", some municipalities have set up …

L’Évolution Historique Du Mariage En Espagne : De La Seconde République Au Franquisme, Ana Conde

Journal of Civil Law Studies

Until the late fifteenth century, the Iberian Peninsula was characterized by a diversity of matrimonial regimes. However, the Spanish society underwent profound changes after the Reconquista, particularly due to the introduction of religious unification processes and to the new political configuration of the Iberian Peninsula. The Council of Trent promoted the religious ceremony in order to fight illegal unions, so that between 1564 and 1870, only the canonical marriage was recognized in Spain.

Under the First Republic, the civil marriage was established and became mandatory, so as to become the only recognized form of marriage. Then, in 1875, with the …

Les Unions Entre Gens De Même Sexe Ou De Sexe Différent En Droit Chinois : Perspective Historique, Yuan Fang

Journal of Civil Law Studies

While putting emphasis on the legalization of unions between same-sex individuals, the present paper has to address heterosexual unions as they are the norm in China. The evolution of matrimonial law is explored following a chronological order, without omitting the longstanding existence of cohabitation in Chinese history, the evolution of the social status of women, as well as the legal issues related to the idea of marriage in its current definition. The situation of same-sex couples is then studied, with a focus on its social recognition throughout history, as well as on the present situation, and on the legal expectations …

An Analysis In Empathy: Why Compassion Need Not Be Exiled From The Province Of Judging Same-Gender Marriage Cases, Kacie Gray

Journal of Civil Law Studies

No abstract provided.

Haruff V. King, Leona Scoular

Journal of Civil Law Studies

No abstract provided.

Chile : Recent Evolution Of The Civil Law In Chile: The Rise Of Doctrine, Carlos Felipe Amunátegui Perelló

Journal of Civil Law Studies

No abstract provided.

Poland : Developments In Personal Injury Law In Poland: Shaping The Compensatory Function Of Tort Law, Ewa Bagińska

Journal of Civil Law Studies

No abstract provided.

An Introduction To Comparative Law Theory And Method, Jacques Vanderlinden

Journal of Civil Law Studies

No abstract provided.

The Scope And Structure Of Civil Codes, Jimena Andino Dorato

Journal of Civil Law Studies

No abstract provided.

Complete V.8 No.1

Journal of Civil Law Studies

No abstract provided.

Louisiana Civil Code - Code Civil De Louisiane Book Iii, Title 6, Center Of Civil Law Studies

Journal of Civil Law Studies

No abstract provided.

October 3, 2015: Is Litigation The Way To Stop Global Warming?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Litigation the Way to Stop Global Warming?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Interpreting "Enhancement Of Survival" In Granting Section 10 Endangered Species Act Exemptions To Animal Exhibitors, Anne Haas

Pace Environmental Law Review

Managing endangered species in captivity presents a unique set of problems. Despite their enormous potential to preserve species in the wild - through captive breeding programs, conservation initiatives, and environmental advocacy - many facilities are lagging behind. Part II of this note discusses the evolution of zoos from ancient Egyptian displays of wealth to modern day conservation and education centers. Focusing on the Endangered Species Act, Part III introduces various laws protecting captive animals. Part IV discusses the great potential of zoos to preserve species and the ecosystems on which they rely, while acknowledging the diverse nature of animal exhibitors …

A Sitting Duck: Local Government Regulation Of Hunting And Weapons Discharge In The State Of New York, Gary E. Kalbaugh

Pace Environmental Law Review

On March 31, 2014, the New York State Legislature significantly modified New York's Environmental Conservation Law. The Environmental Conservation Law imposes limitations on the discharge of longbows. A longbow is defined by New York's Department of Environmental Conservation as “a longbow, recurve bow or compound bow which is designed to be used by holding the bow at arm's length, with arrow on the string, and which is drawn, pulled and released by hand or with the aid of a hand-held trigger device attached to the bowstring.”

Before the 2014 amendment, longbows could not be discharged in such a way that …

A Comparative Legal Approach For The Risks Of Offshore Methane Hydrates: Existing Laws And Conventions, Roy Andrew Partain

Pace Environmental Law Review

This article provides a review of the existing laws and conventions that might be applied to the development of offshore methane hydrates. Offshore methane hydrates are an exciting emerging new energy resource; one with great potential to provide vast energy supplies, and also one with substantially novel risks and hazards to the environment, marine flora and fauna, and adjacent human communities. Some of these new risks include cataclysmic levels of greenhouse gas emissions, subsea landslides, and tsunamis. As such, it is important to take a survey of the existing laws and conventions that could be applied to such risks, examine …

The Curious Untidiness Of Property & Ecosystem Services: A Hybrid Method Of Measuring Place, John Page, Ann Brower, Johannes Welsch

Pace Environmental Law Review

Theoretically, this paper builds on ideas of ecosystem services (ES) in landscapes, property theories of plurality and marginality, and the legal geography of localized place. Methodologically, we will explore three divergent ways of measuring ES in a propertied landscape. Substantively, combining property theory and spatial methods in this way will allow for future consideration of property arrangements that might be more optimal and representative of contextualized place.

Part II presents the qualitative method--a narrative description of the flow of resources and services across a transect from the mountains to the sea. Narrative is effective in describing the aesthetics and indelibly …

Innovative Financing For Renewable Energy, Richard L. Ottinger, John Bowie

Pace Environmental Law Review

This paper discusses successful innovative methods for financing the high initial equipment costs of many renewable energy resources, with case studies of their application. Financial instruments for renewable energy installations are frequently dependent on physical and economic infrastructure. In response to this fundamental interconnectedness between infrastructure, economy, and financial instruments, this paper follows a rough structure of financing methods used in: Areas unserved by an electricity grid; Areas of modest means served by limited transmission interconnections; and Areas with developed regional or national grid connectedness.

Renewables have many benefits, but they also face challenges as they enter the existing market …

Improving The Legal Implementation Mechanisms For A Carbon Tax In China, Haifeng Deng

Pace Environmental Law Review

Within the framework of existing Chinese environmental laws, carbon taxation faces four main challenges: the contradiction of existing taxes, conflict with the carbon emissions trading system, necessary adjustments to the organizational structure of tax collection and management, and coordination with international trade rules. Implementing a carbon tax is a complete and systematic process containing three stages: introduction, collection, and impacts assessment. In order to address these problems, it is necessary to construct legal implementation mechanisms for carbon taxation in China. The legal mechanisms of implementing a carbon tax include a series of coordination and safeguard measures aimed at optimizing the …

Alternative Funding For An Equitable Park System In New York City And State, Christopher Rizzo

Pace Environmental Law Review

Private efforts have successfully transformed a select few parks, which has created allegations of park inequity at a time when many neighborhood parks are overgrown and understaffed. Public-private partnerships reflect a national debate about the proper role of the private sector in maintaining parks, highways, bridges, and other essential civic infrastructure. But for most neighborhood parks the debate is irrelevant. They completely lack access to either adequate public funding or private revenue. One-time infusions of public capital dollars into the neediest parks cannot solve the ongoing operation and maintenance problem.

This paper identifies an array of alternative revenue strategies to …