Law Commons^™

Choice Of Law For Contracts Of Carriage Of Passengers In Rail And Air Transport, Sławomira Lerman

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This paper analyses the choice of law rules for contracts of carriage of passengers under Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). While the Rome Convention did not contain any special rules for such contracts, the Rome I Regulation adopts a restricted form of party autonomy for the carriage of passengers. The parties are restricted to choosing between the country of the passenger’s habitual residence, the carrier’s habitual residence, the carrier’s place of central administration, the place of departure or the place …

Grounds For Liability Of A Railway Undertaking For Bodily Injury, Disturbance Of Health Or Death Of Passengers, Daniel Dąbrowski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The liability of a railway undertaking for bodily injury, disturbance of health or death of a passenger is currently regulated in several legal acts. The EU Regulation 1371/2007 is of fundamental importance here and applies to most domestic rail passenger services as well as the international carriage of passengers if performed between the countries of the European Union. However, it applies only to services operated by carriers licensed in accordance with the provisions of EU law. Its application is questionable when the contract of carriage has been subject to the law of a third country (which is not a member …

Civil Liability (Contractual And Tort) Of Railway Carriers In The Light Of The Experiences Of The Rail Passenger Rights Ombudsman, Marcin Radwański

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The Rail Passenger Rights Ombudsman is competent to conduct out-of-court resolution of disputes between entrepreneurs operating on the railway market and passengers. The aim of the article is to present the legal aspects of contractual and tort liability regarding the issues that have been resolved by the Rail Passenger Rights Ombudsman.

Conditions Of Competition Between Taxis And Uber, Michał Beim

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Technological development leads to the blurring of divisions between traditional forms of transport, creating opportunities for the development of new services. The start of Uber services is one of the examples of the use of ICT technologies and the implementation of the principles of the sharing economy. For public opinion, Uber services have been recognized as a direct competitor for taxis. Although the legal conditions favor taxis in urban traffic, the technological solutions have enabled Uber to build a competitive advantage. Legal frameworks, if a given country has not equated Uber with taxis, may be a factor increasing the competitiveness …

The Legal Instruments Stimulating The Development Of Electromobility And The Infrastructure Of Alternative Fuels, Arnold Rabiega

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article provides a synthesis and evaluation of the most important legal tools which stimulate the development of alternatives fuels infrastructure. The Author analyses legal acts which support the development of the alternative fuel based transportation sector, with particular emphasis on the new electromobility and alternative fuels law and the bio-components and liquid bio-fuels law. The analysis revealed regulations which still hold back the promotion of electromobility and alternative fuels. In the Author’s opinion, applied legal solutions eliminate the most potent barriers to the development of this new sector, although they still seem insufficient with regards to the goal set …

Recast Of Regulation (Ec) 1371/2007 On Rail Passengers’ Rights And Obligations – Review Of The Most Important Proposed Amendments, Ignacy Góra, Karol Kłosowski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article covers the proposed changes to the key legal act on the protection of rail passenger rights in the European Union – Regulation (EC) 1371/2007 of the European Parliament and of the Council on rail passengers’ rights and obligations. In 2017, the European Commission initiated a legislative process aimed at adapting the provisions of this Regulation to current economic, social and legal realities. The aim of this article is to summarize the most important changes planned in the area of the responsibility of railway undertakings, the rights of persons with disabilities, the scope of application of the provisions of …

The Ivth Railway Package – New Important Implementing Regulations Of The European Commission, Michał Zięba

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article presents selected aspects related to the application of the technical pillar of the fourth railway package. These aspects are precisely stipulated in the two implementing regulations of the European Commission issued on the basis of Directive 2016/798 on railway safety and Directive 2016/797 on the interoperability of the rail system. The article presents the outline of the rules related to the use of the application of the One Stop Shop, the scope of the application of a single safety certificate, language issues of the application and documentation submitted to the NSA or EUAR, as well as deadlines for …

Mirosław Pawełczyk (Ed.), Rynek Kolejowy. Współczesne Prawne I Sektorowe Uwarunkowania Ochrony Konkurencji I Konsumenta (The Railway Sector. Contemporary Legal And Sectorial Conditions Of Competition And Consumers Protection), Wydawnictwo Ius Publicum, Warszawa 2018, Pp. 394, Filip Elżanowski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

Report From The Conference The Consumer On The Market For Rail Passenger Transport Services, Łódź, 9 May 2018, Marcin Kraśniewski, Wojciech Modzelewski, Michał Pytkowski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

Post-Liberal Constitutionalism, Jorge M. Farinacci-Fernós

Tulsa Law Review

No abstract provided.

Reading Indian Law: Evaluating Thirty Years Of Indian Law Scholarship, Grant Christensen, Melissa L. Tatum

Tulsa Law Review

No abstract provided.

Human-Centered Civil Justice Design: Procedural Justice And Process Value Pluarlism, Victor D. Quintanilla, Michael A. Yontz

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Let Us Pray: The Case For Legislator-Led Prayer, Nicholas J. Hunt

Tulsa Law Review

No abstract provided.

Poor Execution: Putting An End To Gruesome Death Penalties In Oklahoma, Dallas Jones

Tulsa Law Review

No abstract provided.

Law, Autonomy, And Local Government: A Legal History Of Municipal Corporations In Canada West/Ontario, 1850-1880, Mary Margaret Pelton Stokes

PhD Dissertations

The historiography of local government in mid-nineteenth century Canada West/Ontario is divided on the question of municipal autonomy. The more dominant thesis asserts that the Municipal Corporations (Baldwin) Act of 1849 ushered in a period of freedom for municipalities. The second depicts the Act as oppressive of autonomy in the interests of economic development. Both interpretations are based largely on extrapolation from earlier and later periods; there have been no direct examinations of local governance in Canada West/Ontario for what may be considered its formative period, from 1850 to 1880. In addition, much that has been written has been conceptually …

Center For Biological Diversity V. Zinke, Ryan Hickey

Public Land & Resources Law Review

The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding, highlighting how …

Cardozo Law News Brief: October 15, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Michael Herz
• Christopher Buccafusco
• Kate Shaw
• Edward Zelinsky
• Deborah Pearlstein
• David Rudenstine
• Jocelyn Getgen Kestenbaum

Campus News:

• Celebration of Professor Jacobson's Work Held at Cardozo

Events:

• Paulsen Moot Court Competition: Final Rounds
• Long Term Effects of Involvement in the Criminal Justice System (Cardozo Journal of Equal Rights and Social Justice Fall Symposium)
• Book Talk: Law's Trials and Wars With Professor Richard Abel
• From Namibia to Auschwitz: Combatting Genocide Decades Later
• The Story of the Repeal of "Don't Ask, Don't Tell" and How the Military Did ADR Proud
• Abacus: Small Enough to Jail (Film Screening and Panel)
• A Discussion …

The New Jim Crow’S Equal Protection Potential, Katherine Macfarlane

William & Mary Bill of Rights Journal

In 1954, the Supreme Court’s Brown v. Board of Education opinion relied on social science research to overturn Plessy v. Ferguson’s separate but equal doctrine. Since Brown, social science research has been considered by the Court in cases involving equal protection challenges to grand jury selection, death penalty sentences, and affirmative action. In 2016, Justice Sotomayor cited an influential piece of social science research, Michelle Alexander’s The New Jim Crow: Mass Incarceration in the Age of Colorblindness, in her powerful Utah v. Strieff dissent. Sotomayor contended that the Court’s holding overlooked the unequal racial impact of suspicionless …

Vol. 55, No. 08 (October 15, 2018)

Indiana Law Annotated

No abstract provided.

Masthead

Tulsa Law Review

No abstract provided.

Faculty List

Tulsa Law Review

No abstract provided.

Silencing State Courts, Jeffrey Steven Gordon

William & Mary Bill of Rights Journal

In state courts across the Nation, an absolutist conception of the First Amendment is preempting common law speech torts. From intentional infliction of emotional distress and intrusion upon seclusion, to intentional interference with contractual relations and negligent infliction of emotional distress, state courts are dismissing speech tort claims on the pleadings because of the broad First Amendment defense recognized by Snyder v. Phelps in 2011. This Article argues, contrary to the scholarly consensus, that Snyder was a categorical departure from the methodology adopted by New York Times Co. v. Sullivan, the landmark 1964 case that first applied the First …

A Historical Examination Of The Constitutionality Of The Federal Estate Tax, Henry Lowenstein, Kathryn Kisska-Schulze

William & Mary Bill of Rights Journal

No abstract provided.

The Religious Freedom Restoration Act At 25: A Quantitative Analysis Of The Interpretive Case Law, Lucien J. Dhooge

William & Mary Bill of Rights Journal

No abstract provided.

Dear Colleague: Due Process Is Not Under Attack At Colleges And Universities, As Shown Through A Comparative Analysis Of College Disciplinary Committees And American Juries, Mara Emory Shingleton

William & Mary Bill of Rights Journal

No abstract provided.

The Common Law Endures In The Fourth Amendment, George C. Thomas Iii

William & Mary Bill of Rights Journal

The text of the Fourth Amendment provides no guidance about what makes a search unreasonable or when warrants are required to make a search reasonable. The Supreme Court has had to craft a doctrine based on intuition, policy goals, and halfhearted stabs at history. This Article argues that the Court’s Fourth Amendment doctrine is stable when it roughly tracks the eighteenth-century common law protection of property, privacy, and liberty. When the Court has sought to provide more protection than the common law provided, the result has been an erratic doctrine that has gradually receded almost back to the common law …

Adapting Bartnicki V. Vopper To A Changing Tech Landscape: Rebalancing Free Speech And Privacy In The Smartphone Age, Andrew E. Levitt

William & Mary Bill of Rights Journal

No abstract provided.

Week Of October 15, 2018 - October 19, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Cardozo Business Law Society
• Cardozo FAME Center
• Cardozo Intellectual Property and Information Law Program
• Cardozo International Comparative, Policy & Ethics Law Review
• Cardozo International Law Society
• Cardozo Journal of Equal Rights and Social Justice
• Cardozo Minority Law Student Association (MLSA)
• Cardozo Office of Student Services & Advising
• Cardozo Women's Law Initiative (WLI)
• Heyman Center on Corporate Law and Governance
• Latin American Law Student Association (LALSA)
• Philosophy and Law Society (PALS)

Using Renewable Portfolio Standards To Accelerate Development Of Negative Emissions Technologies, Anthony E. Chavez

William & Mary Environmental Law and Policy Review

As society continues to emit greenhouse gases, the likelihood of dangerous climate change occurring increases. Indeed, most analyses project that we must utilize negative emission technologies (“NETs”) to avoid dangerous warming. Even the Paris Agreement anticipates the implementation of such carbon dioxide (“CO₂”) removal technologies. Unfortunately, NETs are not ready for large-scale deployment. In many instances, their technologies remain uncertain; in others, their ability to operate at the scale required is unknown. Other uncertainties, including their costs, effectiveness, and environmental impacts have yet to be determined.

A means to accelerate the development and implementation of NETs is a …