Civil Law Commons^™

… And From The Associate, Myriam E. Gilles

Articles

No abstract provided.

Resolving The Paradox Between Legal Theory And Legal Fact: The Judicial Rejection Of The Theory Of Efficient Breach, Craig S. Warkol

Cardozo Law Review

No abstract provided.

Torts—Dramshop Liability In Arkansas—Illegal Sales Of Liquor To Minors May Expose Alcohol Vendors To Expensive Liability. Shannon V. Wilson, 329 Ark. 143, 947 S.W.2d 349 (1997)., Dustin Blake Mcdaniel

University of Arkansas at Little Rock Law Review

No abstract provided.

Endangered Species Act: Standing To Sue. Bennett V. Spear, 117 S. Ct. 1154 (1997)., R. Margaret Dobson

University of Arkansas at Little Rock Law Review

No abstract provided.

An Essay On Uncertainty And Fact-Finding In Civil Litigation, With Special Reference To Contract Cases, Alex Stein

Faculty Scholarship

No abstract provided.

Vigilantism Revisited: An Economic Analysis Of The Law Of Extra-Judicial Self-Help Or Why Can't Dick Shoot Henry For Stealing Jane's Truck? , Kelly D. Hine

American University Law Review

No abstract provided.

Insurance Contracts And Judicial Discord Over Whether Liability Insurers Must Defend Insureds' Allegedly Intentional And Immoral Conduct: A Historical And Empirical Review Of Federal And State Courts' Declaratory Judgments--1900-1997 , Willy E. Rice

American University Law Review

No abstract provided.

Attributing Too Much: The Fifth Circuit Perverts The Scope Of Diversity Jurisdiction, Richard A. Simon

Cardozo Law Review

No abstract provided.

Calling Off The Bounty Hunters: Discrediting The Use Of Alleged Anti-Kickback Violations To Support Civil False Claims Actions, Lisa M. Phelps

Vanderbilt Law Review

As skyrocketing health care costs threaten the survival of federally funded health care programs, government prosecutors and private parties are frequently turning to the Civil False Claims Act' as their weapon of choice in waging the "war" on health care fraud and abuse. The False Claims Act is a powerful federal statute that creates liability for the submission of false claims to the federal government. In the health care industry, a typical false claims plaintiff asserts that a health care provider submitted a Medicare or Medicaid claim to the federal government which was "false" because the provider mischarged or overcharged …

Lifting The Veil Of Ignorance: Personalizing The Marriage Contract, Eric Rasmusen, Jeffrey E. Stake

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Opportunities For And Limitations Of Private Ordering In Family Law (Symposium Roundtable), Jeffrey E. Stake, Michael Grossberg, Martha Fineman, Akhil Reed Amar, Regina Austin, Thomas S. Ulen

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Toward Contractual Choice In Marriage, J. Mark Ramseyer

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University Law School - Bloomington Apr. 4, 1997

Joint Custody: Bonding And Monitoring Theories, Margaret F. Brinig, F. H. Buckley

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Joint Custody And Strategic Behavior, Saul Levmore

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Choice, Dependence, And The Reinvigoration Of The Traditional Family, Kathyn Abrams

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University Law School Apr. 4, 2011

Bonding After Divorce: Comments On Joint Custody: Bonding And Monitoring Theories, Ann Laquer Estin

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Deliberative Democracy, Overlapping Consensus, And Same-Sex Marriage, Linda C. Mcclain

Faculty Scholarship

A pressing concern in political and constitutional theory is how to construct a model of justification in law and politics that offers methods for securing agreement and social cooperation in the face of moral pluralism. A common goal of this work is to elaborate the requirements of deliberative democracy, that is, a model of democratic self-government that "asks citizens and officials to justify public policy by giving reasons that can be accepted by those who are bound by it."' Two fundamental questions are: (1) are there any limits to the grounds to which citizens may appeal or the reasons that …

Ex Corde Ecclesiae And The Civil Law, Gerard V. Bradley

Journal Articles

Most parties to the debate over Ex Corde Ecclesiae agree that Canon 812 is at the heart of the matter. Canon 812 says: "It is necessary that those who teach theological disciplines in any institute of higher studies have a mandate from the competent ecclesiastical authority." Essentially, the canon requires the consent of some Church authority (likely the local ordinary) to the appointment of theology professors.

Why is the matter so central? Because the stakes are very great. Behind the disagreement over Canon 812 lies a disagreement over what Catholic theology is, a disagreement that is substantially a product of …

Cclhp: Data As Microsoft Access File, Newton Key, Chris Waldrep, Michael Kroll, Mark Voss-Hubbard

Coles County Legal History

Table Cases Fields:

Case_Number

Incident_Date

File_Date

Settlement_Date

Location

Case_Type

Dollar_Amount

Issue

Outcome

Ancillary_Catters

Memo

Transcribed

Additional_Info

Marked

Last_Modified

Table Parties

Record_Number

Case_Number

L_Name

F_Name

Sex

Occupation

Literate

Location

Additional_Info

Marked

Modified_Date

Queries

Cchlp: Original Public Interface, Eastern Illinois University Department Of History

Coles County Legal History

The Coles County Legal History Project (CCLHP) was began as a grant-supported project in 1999. The database covers civil and criminal cases from 1830 to 1906. The records were originally in a postgres database with a two tables. The public interface was written in Perl. The interface and data were served by Solaris hardware. The Cases table contains 1602 records, the Parties table contains 4487 records. The Solaris system was retired in 2009 and the database was transferred to Booth Library.

Cclhp: Parties As Csv, Newton Key, Mark Voss-Hubbard, Michael Kroll, Chris Waldrep

Coles County Legal History

Fields included: Record Number case_number Actor (P D W or J) Last Name First Name Sex Occupation Literate Location Additional Information Marked Last Modified

Cclhp: Case Types As Csv, Newton Key, Mark Voss-Hubbard, Michael Kroll, Chris Waldrep

Coles County Legal History

Single column, controlled vocabulary for case types

Cclhp: Cases As Csv, Newton Key, Mark Voss-Hubbard, Chris Waldrep, Michael Kroll

Coles County Legal History

Fields included: case_number Incident Date File Date Settlement Date Location Case Type Dollar Amount Issue Outcome Ancillary Matters Memo Transcribed Additional Information Marked Last Modified

Requiring A Thumbprint For Notarized Transactions: The Battle Against Document Fraud, 31 J. Marshall L. Rev. 803 (1998), Vincent J. Gnoffo

UIC Law Review

No abstract provided.

Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan

UIC Law Review

No abstract provided.

An Historical Analysis Of The Binding Effect Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowle

Faculty Scholarship

No abstract provided.

Original Sin And The Transaction In Federal Civil Procedure, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Conflicts Consent And Allocation After Amchem Products – Or Why Attorneys Still Need Consent To Give Away Their Clients' Money, John C. Coffee Jr.

Faculty Scholarship

If it was the goal of Silver and Baker to write a provocative article, they have succeeded. They ask probing questions; they are appropriately scornful of superficial answers; and they seek to relate their view of legal ethics to what they perceive to be the prevailing standards in the legal marketplace. All this is good. They also usefully focus on an underappreciated dichotomy: the ethical rules governing aggregated settlements in consensual litigation versus the rules applicable in aggregated nonconsensual litigation (i.e., class actions). Essentially, they argue that the rules in both contexts should be the same or very similar, the …

Religious Law And Civil Law: Using Secular Law To Assure Observance Of Practices With Religious Significance, Kent Greenawalt

Faculty Scholarship

Civil law in the United States rarely helps to enforce religious standards or demands that people perform actions whose significance relates to religious obligations. Yet, some American states do have such involvement with certain observances of Orthodox and Conservative Judaism. Many states enforce kosher requirements, to which Orthodox and some Conservative Jews adhere. The laws, which penalize fraud in the labeling of products as kosher, serve the secular interest in preventing deception of consumers. However, the laws also force the state to decide when religious regulations have been violated.

Orthodox and Conservative Jewish divorces raise a second kind of involvement. …