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Civil Law Commons

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2012

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Institution
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Articles 1 - 30 of 93

Full-Text Articles in Civil Law

No.24 - December 2012, Center Of Civil Law Studies Dec 2012

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 Dec 2012

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 Nov 2012

Legal Framework For Soviet Privatization, Olga Floroff, Susan Tiefenbrun

Pepperdine Law Review

No abstract provided.


Tort Arbitrage, Robert J. Rhee Nov 2012

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 Nov 2012

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 Nov 2012

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 Nov 2012

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 Oct 2012

Speech, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.


Fugitives In Immigration: A Call For Legislative Guidelines On Disentitlement, Kiran H. Griffith Oct 2012

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 Oct 2012

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 Oct 2012

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 Oct 2012

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 Oct 2012

Udomeh V. Joseph, Taylor Gay

Journal of Civil Law Studies

No abstract provided.


Avant-Propos, Olivier Moréteau Oct 2012

Avant-Propos, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.


Louisiana Civil Code Précis Series, Susan Gualtier Oct 2012

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 Oct 2012

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 Oct 2012

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 Oct 2012

Hogg V. Chevron Usa, Inc., Mark Assad

Journal of Civil Law Studies

No abstract provided.


Columbia Gulf Transmissions Co. V. Bridges, Brian Flanagan Oct 2012

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 Oct 2012

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.


Cover, Masthead & Contents Oct 2012

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


Louisiana Civil Code – Code Civil De Louisiane: Preliminary Title; Book Iii, Titles 3, 4 And 5 Oct 2012

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 Oct 2012

Neeb V. Lastrapes, William Gaskins

Journal of Civil Law Studies

No abstract provided.


Department Of Social Services Ex Rel. P.B. V. Reed, Sarena Gaylor Oct 2012

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 Oct 2012

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 Oct 2012

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 Oct 2012

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 Oct 2012

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 Oct 2012

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 Oct 2012

Mci Communications Services, Inc. V. Hagan, Bill Hudson

Journal of Civil Law Studies

No abstract provided.