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Articles 1 - 30 of 93
Full-Text Articles in Civil Law
No.24 - December 2012, Center Of Civil Law Studies
No.24 - December 2012, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren D. Sudeall
Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren D. Sudeall
Vanderbilt Law School Faculty Publications
Advocates seeking indigent defense reform have often relied on civil litigation to prospectively enforce the Sixth Amendment right to counsel and to attack structural deficiencies of indigent defense systems-such as under- funding-that are likely to lead to system-wide ineffective assistance. Although the United States Supreme Court has addressed myriad aspects of postconviction ineffective assistance of counsel claims made in the criminal context, particularly in the last decade or so,' many of these cases have had little direct bearing on the way in which advocates have attempted to enforce the Sixth Amendment in the civil context. The Supreme Court has never …
Legal Framework For Soviet Privatization, Olga Floroff, Susan Tiefenbrun
Legal Framework For Soviet Privatization, Olga Floroff, Susan Tiefenbrun
Pepperdine Law Review
No abstract provided.
Tort Arbitrage, Robert J. Rhee
Tort Arbitrage, Robert J. Rhee
Florida Law Review
The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the empirical world. This Article models the interaction of settlement dynamics and the economic theory of negligence. It shows that tort claims are systematically devalued during settlement relative to the legal standard. Central to this thesis is a proper conception and accounting of cost. Cost is typically viewed as the transaction cost of litigation processing. Cost, however, encompasses more than this. Each dispute has a cost of resolution, defined as the discounting effect of risk on legal valuation. A spread between the …
No.23 - November 2012, Center Of Civil Law Studies
No.23 - November 2012, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
Civil Practice And Procedure, Andrew P. Sherrod
Civil Practice And Procedure, Andrew P. Sherrod
University of Richmond Law Review
This article surveys recent and significant developments in Virginia civil practice and procedure. Specifically, the article discusses selected opinions of the Supreme Court of Virginia from September 2011 through June 2012, addressing new or meaningful civil procedure topics; significant amendments to the Rules of the Supreme Court ofVirginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during the 2012 session that relates to civil practice.
The Litigation Finance Contract, Maya Steinitz
The Litigation Finance Contract, Maya Steinitz
Faculty Scholarship
Litigation funding-for-profit, nonrecourse funding of a litigation by a nonparty-is a new and rapidly developing industry. It has been described as one of the "biggest and most influential trends in civil justice" today by RAND, the New York Times, and others. Despite the importance and growth of the industry, there is a complete absence of information about or discussion of litigation finance contracting, even though all the promises and pitfalls of litigation funding stem from the relationships those contracts establish and organize. Further, the literature and case law pertaining to litigation funding have evolved from an analogy between litigation funding …
Speech, Kenneth W. Starr
Fugitives In Immigration: A Call For Legislative Guidelines On Disentitlement, Kiran H. Griffith
Fugitives In Immigration: A Call For Legislative Guidelines On Disentitlement, Kiran H. Griffith
Seattle University Law Review
In light of Supreme Court jurisprudence regarding the fugitive disentitlement doctrine, the circuit courts of appeal have readily expanded the doctrine’s use to civil matters, as well as immigration. But the Supreme Court’s nuanced treatment of the rationales underlying this doctrine, specifically in Ortega-Rodriguez v. United States and Degen v. United States, has led to inconsistent application across the circuits. Specifically, a split has arisen among the Second, Fifth, Seventh, and Ninth Circuits as to whether these rationales support invocation of the fugitive disentitlement doctrine to find fugitivity and dismiss an alien’s petition for review when an alien fails to …
The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks
The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks
Seattle University Law Review
While the states are fairly consistent in protecting the rights of living individuals, the level of protection for deceased celebrities varies among the states. Some states allow the right to extend beyond death, while others refuse to recognize a postmortem right of publicity. Even among states that do recognize a postmortem right of publicity, the right is protected to varying degrees, with some states providing explicit statutory protections and others providing only common law protections. Given the inconsistencies among the states, the continuing right to publicity after death has been the subject of much litigation over the last few years, …
Wede V. Niche Marketing, Joseph Stanier Manning
Wede V. Niche Marketing, Joseph Stanier Manning
Journal of Civil Law Studies
No abstract provided.
The Attorney Signature Block On A Brief: A Jumping - Off Point For Discussing Ethics With Students, Heidi K. Brown
The Attorney Signature Block On A Brief: A Jumping - Off Point For Discussing Ethics With Students, Heidi K. Brown
Other Publications
No abstract provided.
Udomeh V. Joseph, Taylor Gay
Avant-Propos, Olivier Moréteau
Louisiana Civil Code Précis Series, Susan Gualtier
Louisiana Civil Code Précis Series, Susan Gualtier
Journal of Civil Law Studies
No abstract provided.
Clashes And Continuities: Brief Reflections On The “New Louisiana Legal History”, Seán Patrick Donlan
Clashes And Continuities: Brief Reflections On The “New Louisiana Legal History”, Seán Patrick Donlan
Journal of Civil Law Studies
No abstract provided.
The Louisiana Civil Code Translation Project: An Introduction , Olivier Moréteau
The Louisiana Civil Code Translation Project: An Introduction , Olivier Moréteau
Journal of Civil Law Studies
No abstract provided.
Hogg V. Chevron Usa, Inc., Mark Assad
Hogg V. Chevron Usa, Inc., Mark Assad
Journal of Civil Law Studies
No abstract provided.
Columbia Gulf Transmissions Co. V. Bridges, Brian Flanagan
Columbia Gulf Transmissions Co. V. Bridges, Brian Flanagan
Journal of Civil Law Studies
No abstract provided.
The Case For An Action In Tort To Restrict The Excessive Pumping Of Groundwater In Louisiana, John B. Tarlton
The Case For An Action In Tort To Restrict The Excessive Pumping Of Groundwater In Louisiana, John B. Tarlton
Journal of Civil Law Studies
No abstract provided.
Louisiana Civil Code – Code Civil De Louisiane: Preliminary Title; Book Iii, Titles 3, 4 And 5
Louisiana Civil Code – Code Civil De Louisiane: Preliminary Title; Book Iii, Titles 3, 4 And 5
Journal of Civil Law Studies
No abstract provided.
Neeb V. Lastrapes, William Gaskins
Department Of Social Services Ex Rel. P.B. V. Reed, Sarena Gaylor
Department Of Social Services Ex Rel. P.B. V. Reed, Sarena Gaylor
Journal of Civil Law Studies
No abstract provided.
Judicial Review In Louisiana: A Bicentennial Exegesis, Paul R. Baier, Georgia D. Chadwick
Judicial Review In Louisiana: A Bicentennial Exegesis, Paul R. Baier, Georgia D. Chadwick
Journal of Civil Law Studies
No abstract provided.
Making French Doctrine Accessible To The English-Speaking World: The Louisiana Translation Series, Alexandru-Daniel On
Making French Doctrine Accessible To The English-Speaking World: The Louisiana Translation Series, Alexandru-Daniel On
Journal of Civil Law Studies
No abstract provided.
De Revolutionibus: The Place Of The Civil Code In Louisiana And In The Legal Universe, Olivier Moréteau
De Revolutionibus: The Place Of The Civil Code In Louisiana And In The Legal Universe, Olivier Moréteau
Journal of Civil Law Studies
No abstract provided.
Louisiana Civil Law Treatise Series, Phillip Gragg
Louisiana Civil Law Treatise Series, Phillip Gragg
Journal of Civil Law Studies
No abstract provided.
History Of The Laws Of Louisiana And Of The Civil Law, Thomas J. Semmes
History Of The Laws Of Louisiana And Of The Civil Law, Thomas J. Semmes
Journal of Civil Law Studies
No abstract provided.
Mci Communications Services, Inc. V. Hagan, Bill Hudson
Mci Communications Services, Inc. V. Hagan, Bill Hudson
Journal of Civil Law Studies
No abstract provided.