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Civil Law Commons

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2007

Discipline
Institution
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Publication
Publication Type

Articles 31 - 42 of 42

Full-Text Articles in Civil Law

Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine Jan 2007

Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine

Cardozo Journal of International and Comparative Law

Federal procedure has embraced the referral of civil cases outside the court system to alternative dispute resolution. This article argues that by utilizing courts to settle cases through civil procedure, courts realize their central role in ensuring the quality of settlements produced through the judicial administration of justice. The purpose of this article is to provide litigants with an optional procedure to expeditiously resolve federal personal injury cases. The system proposed in this article incorporates Scottish and Irish civil procedural reforms into a coherent method for judicial officers to declare the settlement value of a personal injury action without referring …


Foreword: Symposium: A Right To Counsel In Civil Cases: Civil Gideon In Maryland & Beyond, Leigh Goodmark Jan 2007

Foreword: Symposium: A Right To Counsel In Civil Cases: Civil Gideon In Maryland & Beyond, Leigh Goodmark

University of Baltimore Law Review

No abstract provided.


Keynote Address: Seeking A Right To Appointed Counsel In Civil Cases In Maryland, Stephen H. Sachs Jan 2007

Keynote Address: Seeking A Right To Appointed Counsel In Civil Cases In Maryland, Stephen H. Sachs

University of Baltimore Law Review

No abstract provided.


Faces Of Open Courts And The Civil Right To Counsel, Steven D. Schwinn Jan 2007

Faces Of Open Courts And The Civil Right To Counsel, Steven D. Schwinn

University of Baltimore Law Review

No abstract provided.


Justice Delayed Is, Once Again, Justice Denied: The Overdue Right To Counsel In Civil Cases, Debra Gardner Jan 2007

Justice Delayed Is, Once Again, Justice Denied: The Overdue Right To Counsel In Civil Cases, Debra Gardner

University of Baltimore Law Review

No abstract provided.


The Trial Of Zacarias Moussaoui, Douglas O. Linder Jan 2007

The Trial Of Zacarias Moussaoui, Douglas O. Linder

Faculty Works

On the horrific morning of September 11, 2001, when planes crashed into buildings and fell from the sky, Zacarias Moussaoui was sitting in a jail in Minnesota facing immigration charges. Even if he had not been arrested three weeks earlier, when he raised suspicion by paying large sums to a flight training school to learn to pilot a Boeing 747 despite his never having piloted a small plane, it seems unlikely that Moussaoui would have been the twentieth hijacker on one of the four doomed planes. Nonetheless, largely because of the convenient fact that he was alive and in custody, …


Legal Services: Meeting New Challenges With Delivery Systems That Promise Lasting Impact For Maryland's Poor, Hannah E. M. Lieberman Jan 2007

Legal Services: Meeting New Challenges With Delivery Systems That Promise Lasting Impact For Maryland's Poor, Hannah E. M. Lieberman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Setting An Agenda For The Future Delivery Of Legal Services To The Poor In Maryland, Michael A. Millemann Jan 2007

Setting An Agenda For The Future Delivery Of Legal Services To The Poor In Maryland, Michael A. Millemann

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


First Amendment Cases In The Supreme Court 2005 Term, Joel Gora Jan 2007

First Amendment Cases In The Supreme Court 2005 Term, Joel Gora

Faculty Scholarship

No abstract provided.


Multi-Tiered Marriage: Ideas And Influences From New York And Louisiana To The International Community, Joel A. Nichols Jan 2007

Multi-Tiered Marriage: Ideas And Influences From New York And Louisiana To The International Community, Joel A. Nichols

Vanderbilt Journal of Transnational Law

This Article contends that society in the United States needs to hold a genuine discussion about alternatives to current conceptions of marriage and family law jurisdiction. Specifically, the Article suggests that the civil government should consider ceding some of its jurisdictional authority over marriage and divorce law to religious communities that are competent and capable of adjudicating the marital rites and rights of their respective adherents. There is historical precedent and preliminary movement toward this end--both within and without the United States--which might serve as the framework for further discussions. Within the United States, the relatively new covenant marriage statutes …


Quantum Meruit And The Restatement (Third) Of Restitution And Unjust Enrichment, Candace Kovacic-Fleischer Jan 2007

Quantum Meruit And The Restatement (Third) Of Restitution And Unjust Enrichment, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Thirty years ago, Professor Graham Douthwaite said that restitution can "arise in a bedazzling variety of situations."' He also said that practitioners usually are not aware of "the restitutionary implications or potential" of their clients' problems. Over 50 years ago, Professor John Dawson said that "[i]t is doubtful even now whether most lawyers have an adequate conception of the range and resources of the remedy." About twenty years ago, I said of Professor Dawson's statement, "It is doubtful whether the situation has much improved in the last thirty years." Unfortunately, I can still repeat that concern.


Punitive Damages In The United States, Jack M. Beermann Jan 2007

Punitive Damages In The United States, Jack M. Beermann

Faculty Scholarship

his article is an attempt to acquaint the reader with contemporary legal issues surrounding punitive damages in the United States. Pursuant to U.S. federalism, most private law in the United States is state law and can vary significantly from state to state. Contract law, tort (injury) law, property law and criminal law are mainly state law. Many of these areas are governed largely by common law which means that there are no statutes, and courts make the law in the course of resolving individual legal controversies. It is the state common law of injury that allows punitive damages in the …