Law Commons^™

Electoral Due Process, Sarah Milkovich

Duke Law Journal

Elections and their aftermath are matters left to the states by the U.S. Constitution. But the Supreme Court has made clear that the right to vote is federally protected, and fiercely so. When an election failure takes place and deprives citizens of their votes, challengers must resort to state law remedies. Many states have procedural requirements for election challenges that are stringent to the point of being prohibitive.

This Note argues that the due process concerns raised by these burdensome state procedures are amplified by their voting rights context. Where a voter must take to the courts to vindicate her …

The Ad Hoc Federal Crime Of Terrorism: Why Congress Needs To Amend The Statute To Adequately Address Domestic Extremism, Nathan Carpenter

St. John's Law Review

(Excerpt)

This Note argues that Congress should add such crimes to the list specified in the federal crime of terrorism statute and amend the statute’s intent requirement. This will allow the Department of Justice to more adequately use its resources to address the growing prevalence of hate groups, increase investigatory capabilities, and emphasize the threat posed by such groups. Part I explores the current federal crime of terrorism and analyzes how various terrorism-related cases are adjudicated. Part II introduces the prevailing threat of political extremists operating within the United States and shows that they should no longer be placed in …

Evaluating New York's Notice Of Claim Requirements: Why Naming Individual Municipal Employees Is Not Essential, Daniel Randazzo

St. John's Law Review

(Excerpt)

This Note argues that the approach adopted by the Fourth Department in Goodwin—that General Municipal Law § 50-e does not require the naming of individual municipal employees— is the correct approach in terms of the text of the statute and the purpose behind the statute, as well as policy and practical implications. This Note is comprised of four parts. Part I illustrates the importance of the notice of claim requirement and introduces the text of New York General Municipal Law § 50- e(2). Part II provides a synopsis of the case law on both sides of this issue, …

If It Is Broken, You Should Not Fix It: The Threat Fair Repair Legislation Poses To The Manufacturer And The Consumer, Marissa Macaneney

St. John's Law Review

(Excerpt)

This Note argues that fair repair legislation is not fair for manufacturers, and suggests that legislators look to a solution that has proved workable in an analogous context in the automobile repair industry. Part I outlines the history of the electronic device repair market and discusses the proposed state legislation. It concludes that federal copyright law is insufficient, current state proposals are flawed, and that a different solution is necessary. Part II will discuss alternate solutions in the automobile industry, legislation tailored to the agriculture industry, and recent concessions by a well-known manufacturer. Part III will propose a standardized …

Business And Commercial Litigation In Federal Courts (4th Ed.) Edited By Robert L. Haig, James M. Wicks

St. John's Law Review

(Excerpt)

Four years ago, I reviewed Business and Commercial Litigation in Federal Courts (3d ed.), concluding then that notwithstanding the dwindling “brick-and-mortar,” traditional law libraries, this multi-volume treatise is a worthy tool in the arsenal of the business litigator. Well, now nineteen years after its inception, the treatise, Business and Commercial Litigation in Federal Courts (4th ed.) (“BCL”), is in its Fourth Edition, having added twenty-five new chapters leading to three more volumes. Is it still worth the shelf space? Unquestionably, this landmark treatise remains an essential guide for commercial litigators and in-house counsel alike. The addition of the new …

Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond

St. John's Law Review

(Excerpt)

This Article suggests that we would benefit if we would protect privacy by sometimes requiring tactful inattention by potential users rather than total secrecy by the target. That is, some legal privacy protections should stop emphasizing secrecy and instead emphasize the appropriate uses of personally identifiable and often sensitive information by gelling tactful inattention into legal standards. Culturally, such an expansion may be difficult, as we tend to a “finders-keepers” attitude towards data. However, given technology’s ability to dissolve routine barriers, if we require others to leave some information out of some equations, we may be able to retain …

The Crazy Maze Of Food Labeling And Food Claims Laws, Patrick Meyer

St. John's Law Review

(Excerpt)

This Article critiques the role of the FDA in providing consumers with accurate and relevant food label information, identifies impediments in the pursuit of its mission, and offers solutions to those impediments.

Part I of this Article traces the history of U.S. food labeling and health claims laws. Current food laws and their regulation have developed over time. The first federal legislation was passed in the early 1900s. The food laws of today have certainly been influenced by past food laws, which were largely a reaction to societal events. A brief summary of the historical development of our nation’s …

Resolving The Conflict Between The Temporarily Unavailable Juror And New York's Mandatory 24-Hour Limit On The Separation Of Jurors During Deliberations, Michael Pasinkoff

St. John's Law Review

(Excerpt)

Allowing defendants to move for and obtain mistrials based upon a delay in resuming jury deliberations does nothing to render the process fairer or to protect any right of a defendant. Granting these applications in the absence of prejudice to a defendant wastes scarce and valuable judicial resources, requires the state to unnecessarily retry a case, and makes witnesses again take time from their lives to testify in court. Indeed, in many cases, a defendant is afforded a tactical advantage by forcing the state to retry the case. There are of course occasions when the law accepts conferring a …

Dickinson Law: Students Studying Over The Years, Pamela G. Smith

Perspectives on Law School History

No abstract provided.

Central America - A First Approach To Tort Liability In The Central American Civil Codes, Claudia María Castro Valle

Journal of Civil Law Studies

No abstract provided.

Complete V.11 No.1

Journal of Civil Law Studies

No abstract provided.

Early 20th Century Perceptions Of Civil Law-Common Law Difference: F.L. Joannini’S Spanish-English Civil Code Translations In Context, Seth S. Brostoff

Journal of Civil Law Studies

The proper method for translating Spanish and Portuguese civil law concepts into English was a topic of debate among civil law scholars and comparatists at the turn of the last century. This article examines the translation approaches of three Americans (Clifford Walton, F.L. Joannini, and Joseph Wheless) who independently translated the Spanish, Colombian, Argentine, and Brazilian Civil Codes during the period 1899-1920. Specifically, Walton’s (1899) Spanish Civil Code translation’s use of common law English is con-trasted with Joannini’s Colombian (1905) and Argentine (1917) Civil Codes translations’ preference for a “civilian” legal lexicon, including substantial borrowing from the special civil law …

Arms And The Man: Strategic Trade Control Challenges Of 3d Printing, Arjun Banerjee

International Journal of Nuclear Security

3D printing is on the verge of confronting Customs and other security agencies with a whole new set of mind-boggling problems. With the tremendous reach of the Internet worldwide, virtual blueprints to weapon parts, components and accessories of drones, narcotic drugs and psychoactive substances, all strategic trade items, as well as other restricted items such as pornographic material, can be proliferated and printed out swiftly by any individual or organization with access to a 3D printer. Intellectual Property Rights are also endangered by these machines. Technology is forever outpacing fast antiquating legal institutions, and security systems, which require revamping to …

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Canada’S Legal Traditions: Sources Of Unification, Diversification, Or Inspiration?, Rosalie Jukier

Journal of Civil Law Studies

Quebec, the only province within Canada to follow the civil law tradition, is an ideal microcosm for the study of unity and diversity within legal orders. The question of whether Quebec’s civilian legal tradition should be interpreted and applied so as to be in unity with the common law or, rather, adhere to its own distinct legal culture has pervaded doctrine and jurisprudence for over a century. Inter-estingly, the pendulum has swung widely. Quebec has seen moments when the philosophy of the Supreme Court of Canada was one of unification and harmonization of Quebec law with the common law tradition, …

The Impact Of Harmonized European Private Law And The Acquis Communautaire On Spanish Law, Luz M. Martínez Velencoso

Journal of Civil Law Studies

Globalisation has seen the development of a body of autono-mous legal rules of international trade that bridge the gap between the two main legal families (common law and civil law). These new rules focus on the function rather than on the dogmatic origin or legal tradition behind a particular norm or principle. In Europe, there are various texts that harmonize private law and which con-form to this model, such as the PECL, the DCFR or the CESL. Within the European Union, this process of informal and decentral-ized rulemaking has not yet resulted in the enactment of a European Civil Code …

Germany - 2017: An Eventful Year In German Family Law, Saskia Lettmaier

Journal of Civil Law Studies

No abstract provided.

Dan E. Stigall, The Santillana Codes: The Civil Codes Of Tunisia, Morocco, And Mauritania, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

The Organization Of American States’ Model Law On Simplified Corporations, Francisco Reyes Villamizar

Journal of Civil Law Studies

Colombian Law 1258 of 2008 introduced the Simplified Corpo-ration (Sociedad por Acciones Simplificada or SAS). This type of business entity included modern corporate law features such as sim-plified incorporation proceedings, full-fledged limited liability for its shareholders, and broad freedom of contract for the definition of housekeeping and governance rules. It also reduced old-fashioned prohibitions pertaining to shareholders and managers activities and reduced transaction costs. The SAS’s “opt-in” approach also has allowed for private parties to draft the most suitable agreements. The enabling provisions of Law 1258 have been the starting point for the preparation of at least three Model Law …

#Metoo & Tax, Margaret Ryznar

Washington and Lee Law Review Online

Recently, legislative efforts have taken aim at sexual harassment in the workplace. Among these may be a surprising but effective approach—disallowing tax deductions for sexual harassment settlements subject to non-disclosure agreements. This Essay analyzes such a 2017 tax reform provision.

Ebola And War In The Democratic Republic Of Congo: Avoiding Failure And Thinking Ahead, Lawrence O. Gostin, Matthew M. Kavanagh, Elizabeth Cameron

Georgetown Law Faculty Publications and Other Works

The Ebola epidemic in the Democratic Republic of Congo (DRC) is exceptionally dangerous, occurring within active armed conflict and geopolitical volatility, including a million displaced persons. With 421 cases, 240 deaths, and the numbers increasing, this Ebola outbreak is the second deadliest in history. Recent spread to Butembo, home to 1.2 million people, raised concerns. The DRC, World Health Organization (WHO), and partners are leading a vigorous international response, yet despite deploying an experimental vaccine, cases doubled in October 2018 and many cases had unknown origin.

Uncontrolled Ebola outbreaks can expand quickly, as occurred in West Africa in 2014. Averting …

Charity Disparity: The Challenge Of Applying Religious Law On Zakāt In The United States, Ahmed E. Taha, Sohaib I. Khan

Northwestern Journal of Law & Social Policy

No abstract provided.

If An Interpreter Mistranslates In A Courtroom And There Is No Recording, Does Anyone Care?: The Case For Protecting Lep Defendants’ Constitutional Rights, Lisa Santaniello

Northwestern Journal of Law & Social Policy

No abstract provided.

42 U.S.C. § 1981’S Equal Benefit Clause: Debating The Application To Private Actor Discrimination, Lauren Pope

Northwestern Journal of Law & Social Policy

No abstract provided.

Long-Term Preservation Of Public Art: From Cultural Heritage To The Confederacy, Maliha Ikram

Northwestern Journal of Law & Social Policy

No abstract provided.

Utah Department Of Transportation, Appellant, V. Target Corporation, And Weingarten/Miller/American Fork, L.L.C., Appellees : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On writ of certiorari to the Utah Court of Appeals

Kevin E. Anderson, Attorneys for Respondent Target, Troy L. Booher, J. Frederic Voros, Jr., Dick J. Baldwin, Attorneys for Respondent Target, Jeffrey W. Appel, Matthew N. Evans, Robert P. Harrington, Attorneys for Respondent Miller

Barbara H. Ochoa, William H. Christensen, Sean D. Reyes, Attorneys for Petitioner Utah Department of Transportation

North Korea’S Nuclear Program And Negotiation: How Nuclear Negotiation During The Clinton Years Produced Lessons For Current International Relations, Brian Hilliker

Senior Honors Theses

North Korea’s road of survival began in the aftermath of World War II, when the United States and the Soviet Union sparred over rival ideologies. Ultimately, Korea split into a free south and an authoritarian north. Over seventy years later, North Korea remains a bastion of communism. Nuclear weaponry is a factor behind North Korea’s survival, and the history of their program can offer insight for American policy makers today. This paper offers a history of North Korea’s nuclear weapons program during the Clinton presidency, along with recommendations for present day policy makers. Without an understanding of history decision-makers tend …

Trends In Admissibility Of Hearsay Evidence In War Crime Trials: Is Fairness Really Preserved?, Michaela Halpern

Duke Journal of Comparative & International Law

In the course of war, who determines what is just and fair? Fairness and justice are and should be universal constants; however, the paths to fairness and justice must be malleable and adapt to different circumstances.

The Nuremberg trials were marked by a conscious effort to avoid “victor’s justice” and provide a fair trial to the defendants who committed acts of atrocity. This paper examines whether this goal was achieved in the Nuremberg, Tokyo, and International Criminal Tribunal for the former Yugoslavia trials, as well as briefly touching upon the Guantanamo military commission trials, by looking particularly at the use …

Remedies In Canadian Administrative Law: A Roadmap To A Parallel Legal Universe, Cristie Ford

All Faculty Publications

Administrative law in Canada, as in many other common law countries, centres around judicial review doctrine. Sometimes, one may even get the sense that administrative law and administrative law remedies begin at the point at which a party to an administrative action seeks judicial review of that action through the courts. Yet an overly tight focus on court action misses the hugely important first step in real-life administrative action: the varied and sometimes creative, purpose-built remedies that a tribunal itself may impose.

This chapter, which has been revised and updated for the third edition of this leading text on Canadian …

Copyright And The Single Work, Laura A. Heymann

Popular Media

No abstract provided.