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Civil Law Commons

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2016

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Institution
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Articles 31 - 60 of 161

Full-Text Articles in Civil Law

Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo Nov 2016

Why Kim Davis Is Being Sued To Pay Gay, Straight Couples' Legal Fees, David Laconangelo

Media Collection

No abstract provided.


No.37 - November 2016, Center Of Civil Law Studies Nov 2016

No.37 - November 2016, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


No Quick Fix: The Failure Of Criminal Law And The Promise Of Civil Law Remedies For Domestic Child Sex Trafficking, Charisa Smith Nov 2016

No Quick Fix: The Failure Of Criminal Law And The Promise Of Civil Law Remedies For Domestic Child Sex Trafficking, Charisa Smith

University of Miami Law Review

Pimps and johns who sexually exploit children garner instant public and scholarly outrage for their lust for a destructive “quick fix.” In actuality, many justifiably concerned scholars, policymakers, and members of the public continue to react over-simplistically and reflexively to the issue of child sex trafficking in the United States—also known as commercial sexual exploitation of children (CSEC)—in a manner intellectually akin to immediate gratification. Further, research reveals that the average john is an employed, married male of any given race or ethnicity, suggesting that over-simplification and knee-jerk thinking on CSEC are conspicuous. This Article raises provocative questions that too …


Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016, Linda Tappa Nov 2016

Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016, Linda Tappa

Law School Blogs

No abstract provided.


Cover, Masthead & Contents Oct 2016

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


A Space In-Between—Legal Translation As A ‘Third Space’, Anne Wagner Oct 2016

A Space In-Between—Legal Translation As A ‘Third Space’, Anne Wagner

Journal of Civil Law Studies

No abstract provided.


The Concordancias Of Saint-Joseph: A Nineteenth-Centuryspanish Translation Of The Louisiana Civil Code, Agustín Parise Oct 2016

The Concordancias Of Saint-Joseph: A Nineteenth-Centuryspanish Translation Of The Louisiana Civil Code, Agustín Parise

Journal of Civil Law Studies

No abstract provided.


The Constitution As Code: Teaching Justinian’S Corpus,Scalia’S Constitution, And François Gény, Louisiana Andbeyond—Par La Constitution, Mais Au-Delà De La Constitution, Paul R. Baier Oct 2016

The Constitution As Code: Teaching Justinian’S Corpus,Scalia’S Constitution, And François Gény, Louisiana Andbeyond—Par La Constitution, Mais Au-Delà De La Constitution, Paul R. Baier

Journal of Civil Law Studies

No abstract provided.


Postscript To The Constitution As Code By Paul R. Baier, Nicholas Kasirer Oct 2016

Postscript To The Constitution As Code By Paul R. Baier, Nicholas Kasirer

Journal of Civil Law Studies

No abstract provided.


The Duty Of Good Faith Taken To A New Level:An Analysis Of Disloyal Behavior, Thiago Luís Sombra Oct 2016

The Duty Of Good Faith Taken To A New Level:An Analysis Of Disloyal Behavior, Thiago Luís Sombra

Journal of Civil Law Studies

By focusing on improving the role of certain mechanisms for controlling private autonomy under a crisis of liberal values, contract law has reached an objective and straight dimension. The prohibition of disloyal or inconsistent behavior, also known as venire contra factum proprium in Roman Law, constitutes one of the concepts that is renowned for protecting the trust relationship. The prohibition of disloyal behavior lies in avoiding contradictory behaviors regarding previous manifestations of will that are based on good faith and that can cause damages. This article aims to challenge the main reason why disloyal behavior should be limited by good …


International Trade V. Intellectual Property Lawyers:Globalization And The Brazilian Legal Profession, Vitor Martins Dias Oct 2016

International Trade V. Intellectual Property Lawyers:Globalization And The Brazilian Legal Profession, Vitor Martins Dias

Journal of Civil Law Studies

In the context of globalization, this work analyzes a distinctive characteristic of the Brazilian legal profession. Namely, intellectual property (IP) lawyers, who played important roles in opening the Brazilian economy and who were key players in cross-border transactions, are now losing ground to their peers with respect to expertise in international trade. The thesis of this article is that the manner in which Brazilian lawyers are being educated is problematic. Generally, Brazilian legal education has become degraded and provincial. Yet, Brazilian international trade lawyers, unlike Brazilian IP lawyers, have overcome their deficient legal training by seeking legal education abroad. By …


Traduction Ou Trahison, Vivian Grosswald Curran Oct 2016

Traduction Ou Trahison, Vivian Grosswald Curran

Journal of Civil Law Studies

No abstract provided.


Langages Du Droit Et Styles En Traduction :Common Law Vs. Droit Civil : An Odd Couple ?, Jean-Claude Gémar Oct 2016

Langages Du Droit Et Styles En Traduction :Common Law Vs. Droit Civil : An Odd Couple ?, Jean-Claude Gémar

Journal of Civil Law Studies

No abstract provided.


Pourquoi Traduire Un Code, Hier Et Aujourd’Hui ?, Sylvie Monjean-Decaudin Oct 2016

Pourquoi Traduire Un Code, Hier Et Aujourd’Hui ?, Sylvie Monjean-Decaudin

Journal of Civil Law Studies

No abstract provided.


The Louisiana Civil Code Translation Project:A Libertarian View On The Possible Destinyof A Trilingual “Footnote”, François-Xavier Licari Oct 2016

The Louisiana Civil Code Translation Project:A Libertarian View On The Possible Destinyof A Trilingual “Footnote”, François-Xavier Licari

Journal of Civil Law Studies

No abstract provided.


Revision And Translation: The Louisiana Experience, Alexandru-Daniel On Oct 2016

Revision And Translation: The Louisiana Experience, Alexandru-Daniel On

Journal of Civil Law Studies

No abstract provided.


The Louisiana Civil Code In French:Translation And Retranslation, Olivier Moréteau Oct 2016

The Louisiana Civil Code In French:Translation And Retranslation, Olivier Moréteau

Journal of Civil Law Studies

The first codes of Louisiana (1808 and 1825) were written in French and translated into English. When the Civil Code was revised in 1870, it was written in English only. Recent revisions, all in English, aim at promoting a civilian vocabulary that differs from that of the common law. This article discusses the translation of the Louisiana Civil Code from English to French in the context of the steep decline and limited revival of the French language usage in Louisiana. It explores the purpose and the implementation process of the translation project, detailing every step, and identifying linguistic and legal …


Québec, Canada - Loyalty In Québec Private Law, Caroline Le Breton-Prévost Oct 2016

Québec, Canada - Loyalty In Québec Private Law, Caroline Le Breton-Prévost

Journal of Civil Law Studies

This paper provides an overview of the duty of loyalty in Québec private law. It dispels uncertainty regarding the duty’s nature and then analyzes the duty of loyalty in the Civil Code of Québec. In doing so, this paper takes into account the mixed origins of the duty by establishing certain parallels with the common law. Ultimately, this paper suggests that the duty of loyalty arises when a legal actor has the power to act within the legal sphere of another


The Struggle For European Private Law:A Critique Of Codification, Agustín Parise Oct 2016

The Struggle For European Private Law:A Critique Of Codification, Agustín Parise

Journal of Civil Law Studies

No abstract provided.


Complete V.9 No.1 Oct 2016

Complete V.9 No.1

Journal of Civil Law Studies

No abstract provided.


Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky Oct 2016

Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky

Law School Blogs

No abstract provided.


Insider Trading Law That Works: Using Newman And Salman To Update Dirks'S Personal Benefit Standard, Mark Hayden Adams Oct 2016

Insider Trading Law That Works: Using Newman And Salman To Update Dirks'S Personal Benefit Standard, Mark Hayden Adams

Loyola of Los Angeles Law Review

No abstract provided.


The Failed Superiority Experiment, Christine P. Bartholomew Oct 2016

The Failed Superiority Experiment, Christine P. Bartholomew

Vanderbilt Law Review

Federal law requires a class action be "supcrior to alternative methods for fairly and efficiently adjudicating the controversy." This superiority requirement has gone unstudied, despite existing for half a century. Thia Article undertakes a comprehensive review of the superiority case law. It reveals a jurisprudence riddled with inconsistency as courts adopt diametrically opposed interpretations of the requirement. Originally crafted to encourage predictable, consistent class action decisions, superiority has mutated over the years into a dangerous wild card-subjectively used to stymie aggregate litigation. The solution is not adding a new requirement to the already onerous rules for class certification. Instead, judges …


Mona V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 72 (Sept. 29, 2016), William Nobriga Sep 2016

Mona V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 72 (Sept. 29, 2016), William Nobriga

Nevada Supreme Court Summaries

The Court concluded that an individual’s personal assets are not subject to discovery or execution merely because the individual also serves as the managing agent of a judgment debtor in a representative capacity.


Davidson V. Davidson, 132 Nev. Adv. Op. 71 (Sept. 29, 2016), Hunter Davidson Sep 2016

Davidson V. Davidson, 132 Nev. Adv. Op. 71 (Sept. 29, 2016), Hunter Davidson

Nevada Supreme Court Summaries

The Court determined that: (1) the six-year statute of limitations in NRS 11.190(1)(a) applies to claims for enforcement of a property distribution provision in a divorce decree; and (2) the statute of limitations period in an action on a divorce decree commences “from the last transaction or the last item charged or last credit given.”


The 5th Annual Professor Anthony J. Santoro Business Law Lecture: Enforcing Insider Trading Laws: The Changing Landscape, Stephen L. Cohen, Roger Williams University School Of Law Sep 2016

The 5th Annual Professor Anthony J. Santoro Business Law Lecture: Enforcing Insider Trading Laws: The Changing Landscape, Stephen L. Cohen, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Newsroom: A Changing Landscape: Insider Trading Law 09/20/2016, Roger Williams University School Of Law Sep 2016

Newsroom: A Changing Landscape: Insider Trading Law 09/20/2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Grace Of God In The Law Of Moses: A Second Look At Israel’S Written Code, Jeffrey S. Krause Sep 2016

The Grace Of God In The Law Of Moses: A Second Look At Israel’S Written Code, Jeffrey S. Krause

Fidei et Veritatis: The Liberty University Journal of Graduate Research

For centuries, the Mosaic Code (“MC”) has been viewed as Israel’s prescriptive legislation, whereby Jewish leaders were to judge infractions by the “letter of the law.” This view is one which permeates both pulpit and pew alike, even in this modern era. However, recent developments in scholarship are challenging this understanding of MC, concluding instead that this “law code” was not utilized in Israelite jurisprudence, but rather as a covenant contract that worked not prescriptively in the lives of the Jews, but rather descriptively, in that it relayed the heart of YHWH to its reader. Accordingly, MC was to be …


Study On The Legal Issues Concerning The Mortgage Of Ships Under Construction, Ziyi Ge Aug 2016

Study On The Legal Issues Concerning The Mortgage Of Ships Under Construction, Ziyi Ge

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.


Research On Standard Of Reasonable General Average Act, Yanfeng Li Aug 2016

Research On Standard Of Reasonable General Average Act, Yanfeng Li

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.