Law Commons^™

Liability Limitations Of Stock Exchange Maintenance Rules, Maine Law Review

Maine Law Review

The Securities Exchange Act of 1934 obligates individual exchanges and dealer associations to exercise a limited duty of self-regulation. The exchanges and associations have met their responsibility by promulgating rules governing the conduct of their members, including the exchange margin maintenance rules. For many years, enforcement of the rules was left to the exchanges and to the Securities Exchange Commission. Recently, however, courts and commentators have discussed and undertaken judicial enforcement of exchange rules by implying an investor's cause of action against a broker or dealer from the power of the federal courts to effectuate the purposes of the Securities …

Validity And Relevancy Analysis: An Approach To The Admissions Of Experimental Evidence, Maine Law Review

Maine Law Review

Rules of evidence in the common law system were developed to serve the fundamental purpose of minimizing erroneous factual conclusions by the jury. In pursuit of this goal, two guiding principles have been followed: first, that the jury should be provided with the most accurate and trustworthy information possible; second, that the flow of information to the jury should be controlled to exclude evidence which is irrelevant or otherwise misleading. Since the earliest cases in which the results of experiments were offered as evidence, American courts have treated experiments as a unique form of evidence but have found it difficult …

Federal Preemption In Airport Noise Abatement Regulation: Of Federal And State Power, Maine Law Review

Maine Law Review

The growth of air commerce in the United States has been characterized by the use of jet aircraft which has led to frequent litigation by local governments and their citizens attempting to abate the increased aircraft noise. Although from the inception of airflight there has been conflict between localities and the aviation industry over the noise produced by aircraft operations, the present conflict dates from the late 1950s when private air carriers first introduced pure-jet aircraft to the nation's civil airports. While the noise emitted from jet aircraft, measured in decibels, is not necessarily louder, it is of a higher …

Attorneys And Subornation Of Perjury, Maine Law Review

Maine Law Review

Federal law has made the crime of subornation of perjury depend on a showing that the suborned witness has made an intentional false statement under oath. For a prosecution to be successful, it must be shown first, that the witness gave false testimony under oath; second, that the witness knew the testimony to be false; third, that the defendant induced the false testimony; and fourth, that the defendant knew the induced testimony to be false. Thus, if the criminal intent of the witness cannot be proven, the defendant must be acquitted. The curious result is that the prosecution fails not …

Maine's Public Lots: The Emergence Of A Public Trust, Lee M. Schepps

Maine Law Review

Maine's public lots were originally reserved from conveyances of townships of public domain and were held by the state for the benefit of schools in the towns which would or could someday be created among the unorganized townships of the state. Many towns came into existence and inherited their public lots for the purposes for which the lots were reserved. Unlike many other states, however, almost half of the land area of Maine has never been incorporated into towns. Because of the great number of townships which have never been incorporated into towns, there are now approximately 400,000 acres of …

Changes In The Present Maine Law Created By The Maine State Consumer Credit Code, John A. Spanogle Jr.

Maine Law Review

The Maine Consumer Credit Code [M3C] was enacted by the Special Session of the 106th Legislature of the State of Maine, and will become effective on January 1, 1975. It will regulate almost all consumer credit transactions not secured by first mortgages on real estate. The statute also creates a new, self-financed Bureau of Consumer Protection under the Department of Business Regulation. This article will first discuss the legislative history of the M3C. Second, it will discuss the scope and jurisdiction of the M3C in comparison with the total scope of all the prior statutes. Third, the article will discuss …

Amazon: Breaking The Law And Placing Children At Risk?, Children's Advocacy Institute, University Of San Diego School Of Law

CAI Special Reports

No abstract provided.

Nowe Realia, Nowe Przepisy, Monika Namysłowska, Adrianna Michałowicz

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

From the lead editors.

Osoby Fizyczne W Obliczu Identyfikacji Biometrycznej – Analiza Art. 5 Rozporządzenia O Sztucznej Inteligencji Ze Szczególnym Uwzględnieniem Ochrony Konsumentów, Aleksander Kolasa, Maciej Panek, Zuzanna Gajewska

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

In view of the intensification of artificial intelligence development, the European Union has regulated its use in Regulation 2024/1689, the Artificial Intelligence Act. The regulation is based on an analysis of the risks posed by individual artificial intelligence systems, including in relation to fundamental rights. The authors analyze Article 5 of the Regulation covering prohibited practices related to biometric identification, focusing on their impact on the protection of fundamental rights of individuals, especially consumers. The purpose of the article is to assess whether the solutions adopted effectively fulfill the above premise, which underlies the Artificial Intelligence Act, and to propose …

Przegląd Wybranego Orzecznictwa W Sprawach Nieautoryzowanych Transakcji Płatniczych W Latach 2021–2024, Marta Fabiszewska, Julia Szulczyk

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

The article presents selected case law on unauthorized payment transactions. The authors analyzed judgments issued by common courts in the period from 2021 to 2024 (final and non-final rulings), as well as the Supreme Court’s judgment of September 15, 2023, ref. II CSKP 1013/22, and the judgment of the CJUE of July 11, 2024, case C-409/22 UA v. Eurobank Bulgaria AD, in terms of problems arising from the interpretation of the provisions on unauthorized payment transactions. The authors presented the current jurisprudence with regard to issues such as: the requirement of special care on the part of banks in ensuring …

Entire Issue Vol. 14 No. 1

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

Vol 14(1)

Cruising Over Controversy: Addressing Discrimination Gaps In The Montreal Convention's Framework, Catherine Mitri

Seattle Journal for Social Justice

No abstract provided.

Modalities, Anti-Modalities, And The Social Psychology Of Persuasive Constitutional Argument, Asma T. Uddin

Catholic University Law Review

Constitutional argumentation traditionally relies on modalities such as text, history, doctrine, and structure. However, the exclusion of certain “anti-modalities”—such as policy arguments, fundamentalist views, and emotional appeals—can create a “resonance gap” between legal reasoning and public understanding. This paper explores how social science insights, particularly from cultural cognition theory (CCT) and moral foundations theory (MFT), can help bridge this gap by guiding the strategic incorporation of pathos and moral intuitions into constitutional arguments. Techniques such as self-affirmation, expressive overdetermination, and aporetic reasoning can make opinions more persuasive and inclusive without compromising legal integrity. The paper examines how these strategies can …

Re-Evaluating Fulton V. City Of Philadelphia: A “Narrow” “Wisp” Of A Decision Or Free Exercise “Bedrock?”, Mark Rienzi

Catholic University Law Review

In Fulton v. City of Philadelphia (2021), a unanimous Supreme Court held that Philadelphia violated the Free Exercise Clause by excluding Catholic Social Services from participating in its foster program because CSS would not certify same-sex couples. Both supporters and critics of the Court’s decision publicly characterized the decision as “narrow” and noted that Philadelphia (and other governments) can easily sidestep Fulton and continue excluding religious providers from foster and adoption programs.

Four years later, the evidence shows that Fulton is anything but narrow. In Philadelphia and in other jurisdictions, Fulton has played a strong role in ending litigation against …

Prenatal Personhood, State Duties, And Congress’S Abortion Power Under The Fourteenth Amendment, David R. Upham

Catholic University Law Review

Many antiabortion jurists have contended that by its original meaning, the Fourteenth Amendment not only (1) recognizes the personhood of prenatal human beings, but also (2) requires states to have and enforce the antiabortion laws necessary to the equal protection of these prenatal persons, and even (3) empowers Congress to pass remedial antiabortion laws where the state fail to protect such persons.

In this essay, I will contend that the Amendment does indeed recognize the personhood of prenatal human beings, but largely leaves with the states the authority to determine the scope of the protection to be afforded such persons. …

The Final Frontier Of Federal Power: Understanding, Defining, And Enforcing “Necessary And Proper” To Enhance The General Welfare And Limit Federal Power, Thomas Ralph

Catholic University Law Review

This comment explores the long and inconsistent history of the Necessary and Proper Clause and its unique role as both a grant of power to Congress and a limit on the outer reach of the federal government. The federal government is in theory one of limited powers; however, this promise of the Constitution cannot be truly recognized without developing a robust framework for applying the Necessary and Proper Clause as a reliable source of federal power. After establishing the need for a framework, this comment provides five judicial decision rules that can be applied by trial and appellate courts to …

The Relevance Of Catholic Social Thought For Law, Russell Powell

Seattle Journal for Social Justice

No abstract provided.

The Transfer Of Personal Data From The European Union To The People’S Republic Of China – The Influence On Consumer Rights Of The Lack Of Transparency In Data Transfers, Wojciech Panek

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

This paper addresses the issue of personal data transfers from a territory within the European Union to the People’s Republic of China (hereinafter: China). The underling research was designed to assess the privacy policy provisions on data transfer to third countries, particularly China. The analysis covered the privacy policies of selected Chinese entrepreneurs operating in the territory of the European Union, namely Xiaomi, Aliexpress and WeChat. These entities belong to the most popular Chinese businesses present in the European market. The analysis corroborated that ‘contractual clauses’ were most commonly used out of the ‘appropriate safeguards’ covered by Article 46 GDPR. …

Sprawozdanie Z Konferencji Pn. „Greenwashing – Opportunities And Challenges Of The New Eu Rule”, Leuven, 14 Czerwca 2024 Roku, Ewa Gojniczek-Godlewska

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

14 June 2024

Sprawozdanie Z Ogólnopolskiej Konferencji Naukowej Pn. „Akt O Usługach Cyfrowych Okiem Autorów Komentarzy”, Łódź, 15 Marca 2024 Roku, Aleksandra Olbryk

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

Łódź, 15 March 2024

Appeal No. 1030: Williams Disposal, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order 2024-71