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Civil Law Commons

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1999

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Institution
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Articles 1 - 29 of 29

Full-Text Articles in Civil Law

Confidentiality, Privilege And Rule 408: The Protection Of Mediation Proceedings In Federal Court, Charles W. Ehrhardt Nov 1999

Confidentiality, Privilege And Rule 408: The Protection Of Mediation Proceedings In Federal Court, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


Globalizing The Rule Of Law: Some Thoughts At And On The Periphery, Maxwell O. Chibundu Oct 1999

Globalizing The Rule Of Law: Some Thoughts At And On The Periphery, Maxwell O. Chibundu

Indiana Journal of Global Legal Studies

No abstract provided.


Globalization And Civil Society-Continuities, Ambiguities, And Realities In Latin America, Lucy Taylor Oct 1999

Globalization And Civil Society-Continuities, Ambiguities, And Realities In Latin America, Lucy Taylor

Indiana Journal of Global Legal Studies

No abstract provided.


Civil Liability Under The Fdcpa For Unauthorized Practice Of Law, Stephen J. Maggio, Michael A. Maggio Oct 1999

Civil Liability Under The Fdcpa For Unauthorized Practice Of Law, Stephen J. Maggio, Michael A. Maggio

University of Arkansas at Little Rock Law Review

No abstract provided.


Legal Beagle: Ece's Best Friend May Be The Civil Law, Gerard V. Bradley Oct 1999

Legal Beagle: Ece's Best Friend May Be The Civil Law, Gerard V. Bradley

Journal Articles

The Everson no-aid principle is still the law, though barely so. We are within sight, meaning that we are within a single vote on the Supreme Court, of return to the tradition described by the bishops. Consummation of this development must loom large in any plan for legal action in light of ECE. Short of the tradition's second coming, the only potential civil law cost of implementing ECE is this: if a Catholic college is deemed to be "pervasively sectarian" then, but only then, "direct" public aid to the institution will be constitutionally suspect. But no court is likely to …


Engaging With The State About Domestic Violence: Continuing Dilemmas And Gender Equality, Elizabeth M. Schneider Jul 1999

Engaging With The State About Domestic Violence: Continuing Dilemmas And Gender Equality, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Music Theory As A Mode Of Law: The Case Of Heinrich Schenker, Esq., Wayne Alpern May 1999

Music Theory As A Mode Of Law: The Case Of Heinrich Schenker, Esq., Wayne Alpern

Cardozo Law Review

No abstract provided.


Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Michael A. Middleton Apr 1999

Panel Remarks Civil Rights Division Association Symposium: The Civil Rights Division At Forty, Michael A. Middleton

Faculty Publications

Welcome to all of you to the second of our Symposia. This is the fortieth year of the Civil Rights Division. Our focus this morning will be the Division's past and where it should be going in the future.


La Doctrine Et L'Interprétation Du Code Civil, Stéphane Beaulac Apr 1999

La Doctrine Et L'Interprétation Du Code Civil, Stéphane Beaulac

Dalhousie Law Journal

Les Éditions Thémis publiaient en 1997 un livre intitulé La doctrine et l'interprétation du Code civil, par Me Sylvie Parent. Cette étude constitue le fruit de ses recherches et de sa réflection effectuées dans le cadre de ses travaux de maîtrise en droit à l'Université de Montreal; son directeur de thèse était le professeur Pieffe-André Côté, éminent auteur dans le domaine de l'interprétation des lois. C'est à ce dernier qu'est revenu l'honneur de rédiger la préface de cet ouvrage. Il n'a point hésité, à juste titre d'ailleurs, d'ajouter le nom de Me Parent à la liste d'auteurs contemporains ayant contribué, …


Tort Law—Tortious Interference With Contract: The Arkansas Supreme Court Clarifies Who Has The Burden And What They Have To Prove. Mason V. Wal-Mart Stores, Inc., 333 Ark. 3, 969 S.W.2d 160 (1998)., Odette Woods Apr 1999

Tort Law—Tortious Interference With Contract: The Arkansas Supreme Court Clarifies Who Has The Burden And What They Have To Prove. Mason V. Wal-Mart Stores, Inc., 333 Ark. 3, 969 S.W.2d 160 (1998)., Odette Woods

University of Arkansas at Little Rock Law Review

No abstract provided.


Religion And The Public Defender, Sadiq Reza Apr 1999

Religion And The Public Defender, Sadiq Reza

Faculty Scholarship

This Essay will argue that the public defender, or any other attorney appointed by the court to defend adults or juveniles charged with criminal offenses, should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional imperatives, except in the rare case of imminent death or serious bodily harm to another. This argument rests on the following four premises: (1) the public defender occupies a unique position in our legal system, and options that may be available to lawyers who serve private …


Rock Of Ages Corp. V. Secretary Of Labor, 170 F. 3d 148 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56 Mar 1999

Rock Of Ages Corp. V. Secretary Of Labor, 170 F. 3d 148 - Court Of Appeals, 2nd Circuit 1999, Roger J. Miner '56

Circuit Court Opinions

No abstract provided.


Bastardy And The Statute Of Wills: Interpreting A Sixteenth-Century Statute With Cases And Readings, M C. Mirow Jan 1999

Bastardy And The Statute Of Wills: Interpreting A Sixteenth-Century Statute With Cases And Readings, M C. Mirow

Faculty Publications

The Statute of Wills of 1540 created a tax loophole for transfers of property to illegitimate children. Assessments for wardships that would normally be imposed on certain transfers of land to children could be effectively avoided by establishing that the donee was illegitimate, and therefore a stranger to the donor for the purposes of the statute. English lawyers in the sixteenth and seventeenth centuries educated their colleagues about this newly available loophole. In the inns of court, lawyers discussed the statutory provisions and recent revenue cases from the Court of Wards. This article sets out the loophole, examines how the …


Federal Circuit's Forgotten Lessons: Annealing New Forms Of Intellectual Property Through Consolidated Appellate Jurisdiction, 32 J. Marshall L. Rev. 581 (1999), Chris J. Katopis Jan 1999

Federal Circuit's Forgotten Lessons: Annealing New Forms Of Intellectual Property Through Consolidated Appellate Jurisdiction, 32 J. Marshall L. Rev. 581 (1999), Chris J. Katopis

UIC Law Review

No abstract provided.


Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith Jan 1999

Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith

UIC Law Review

No abstract provided.


Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron Jan 1999

Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron

UIC Law Review

No abstract provided.


Bajakajian: New Hope For Escaping Excessive Fines Under The Civil False Claims Act, Melissa Ballengee Alexander Jan 1999

Bajakajian: New Hope For Escaping Excessive Fines Under The Civil False Claims Act, Melissa Ballengee Alexander

Faculty Articles

No abstract provided.


Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose Jan 1999

Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose

UIC Law Review

No abstract provided.


Local Government Land Use Restrictions And Selected First Amendment Issues, Barbara Jo Nelson Jan 1999

Local Government Land Use Restrictions And Selected First Amendment Issues, Barbara Jo Nelson

LLM Theses and Essays

A local government's power to enact zoning regulations falls within the general power to provide for the health, safety, and welfare of its citizenry. This thesis addresses a few selected First Amendment issues as they apply to zoning and land use restrictions in Georgia. Free speech review of zoning ordinances applies to zoning for adult sex businesses, such as adult book stores and cinemas. The First Amendment balancing test that is applicable to adult entertainment ordinances is discussed in Chapter One. The free speech impact of restrictions on signs and billboards is discussed in Chapter Two. Finally, in Chapter Three, …


Funny Thing Happened On The Way To The Courtroom: Spoilation Of Evidence In Illinois, 32 J. Marshall L. Rev. 325 (1999), Kristin Adamski Jan 1999

Funny Thing Happened On The Way To The Courtroom: Spoilation Of Evidence In Illinois, 32 J. Marshall L. Rev. 325 (1999), Kristin Adamski

UIC Law Review

No abstract provided.


Judge Versus Jury On The Scales Of Justice: 35 U.S.C. 112, 6 Equivalents In The Balance, 32 J. Marshall L. Rev. 833 (1999), Robert N. Young Jan 1999

Judge Versus Jury On The Scales Of Justice: 35 U.S.C. 112, 6 Equivalents In The Balance, 32 J. Marshall L. Rev. 833 (1999), Robert N. Young

UIC Law Review

No abstract provided.


The View From The Bottomless Pit: Truth, Myth, And Irony In A Civil Action, Jerome P. Facher Jan 1999

The View From The Bottomless Pit: Truth, Myth, And Irony In A Civil Action, Jerome P. Facher

Seattle University Law Review

This Article offers the observations, analysis, and commentary of Beatrice's chief trial counsel about some of the important issues and rulings in Anderson, the accuracy of the events reported in A Civil Action, and the misimpressions created by the book's undoubted tilt in the plaintiffs' direction. Wherever possible, this Article's effort to balance the scales relies on court records, trial and hearing transcripts, and on other actual trial materials in Anderson to present the relevant facts and events in the context in which they arose. Contrary to the erroneous impression of justice gone astray created by the book …


Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis "Goes Too Far", Andrew S. Gold Jan 1999

Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis "Goes Too Far", Andrew S. Gold

American University Law Review

No abstract provided.


Annual Survey Of Virginia Law: Civil Practice And Procedure, John L. Marshall Jr. Jan 1999

Annual Survey Of Virginia Law: Civil Practice And Procedure, John L. Marshall Jr.

University of Richmond Law Review

This article focuses on some of the recent developments in civil litigation from June 1, 1998 to May 30, 1999, that have been effected by the Virginia General Assembly and the Supreme Court of Virginia. Each numbered discussion section is organized by topic in alphabetical order. This article highlights legislation of general interest to civil practitioners and does not purport to be all inclusive. This article does not address criminal procedure.


A Comparison Of New Zealand Taxpayers' Rights With Selected Civil Law And Common Law Countries, Adrian J. Sawyer Jan 1999

A Comparison Of New Zealand Taxpayers' Rights With Selected Civil Law And Common Law Countries, Adrian J. Sawyer

Vanderbilt Journal of Transnational Law

This article seeks to ascertain the breadth of rights that taxpayers enjoy in New Zealand in comparison with their counterparts in a number of common law and civil law jurisdictions. Such a comparison enables the wealth of experience that codification of rights in civil law countries can provide in comparison to the traditionally lower reliance on statutory protection in common law jurisdictions. From this comparative analysis common themes are distilled, as well as differences between New Zealand and various civil law and common law nations with respect to the legal position and state of taxpayers' rights. The author mounts a …


University Of Richmond Law Review Jan 1999

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


The Civil Law Trust, Maurizio Lupoi Jan 1999

The Civil Law Trust, Maurizio Lupoi

Vanderbilt Journal of Transnational Law

It is generally held that trusts are incompatible with the basic assumptions of civil law systems. In order to discuss this statement one would have to inquire, first, what is meant by the term "trusts"; second, what assumed common characteristics of the civil law systems are being envisaged and declared to bein compatible with trusts; and third, why those characteristics should be incompatible with trusts. It is also commonly held that the Hague Convention of 1984 on the law applicable to and the recognition of trusts concerns only those trusts that are foreign to the jurisdiction in which the rules …


International Recognition And Adaptation Of Trusts: The Influence Of The Hague Convention, Adair Dyere Jan 1999

International Recognition And Adaptation Of Trusts: The Influence Of The Hague Convention, Adair Dyere

Vanderbilt Journal of Transnational Law

The process of bringing English-style trusts into systems that do not have a similar device is fraught with difficulties. This is especially true with respect to efforts directed towards the creation of a domestic trust law within such a system, but it is also true about the adaptation of legal institutions that is necessary in order to recognize trusts created under foreign law, in accordance with Article 11 of the Hague Trusts Convention. Thus far, it can be said that no country that did not have trusts before the Hague Trusts Convention has reacted to the Convention by adopting a …


The Woburn Case: Is There A Better Way?, Michael B. Keating Jan 1999

The Woburn Case: Is There A Better Way?, Michael B. Keating

Seattle University Law Review

This essay suggests that the intense public interest in the best selling novel, A Civil Action, and the subsequent film should be directed less to Academy Awards nominations and more toward ways to improve the methods that our legal system employs to resolve complex and important disputes.