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Articles 31 - 60 of 207
Full-Text Articles in Civil Law
Kim Davis Denied Him A Marriage License. He’S Running To Replace Her., Niraj Chokshi
Kim Davis Denied Him A Marriage License. He’S Running To Replace Her., Niraj Chokshi
Media Collection
No abstract provided.
Gay Man Denied Marriage License Hopes To Unseat County Clerk, Adam Beam
Gay Man Denied Marriage License Hopes To Unseat County Clerk, Adam Beam
Media Collection
No abstract provided.
Kim Davis Denied His Right To Marry Another Man. Now David Ermold Is Going To Run Against Her., Eli Rosenberg
Kim Davis Denied His Right To Marry Another Man. Now David Ermold Is Going To Run Against Her., Eli Rosenberg
Media Collection
No abstract provided.
Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan
Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan
Maine Law Review
In 1993, the Supreme Court of the United States stated that with the federal adoption of statutory rules of evidence in 1975, the common law rule for determining admissibility of scientific testimony was superseded, and that thenceforth admissibility of scientific testimony was to be determined solely by Federal Rule of Evidence 702 (Rule 702). The Frye standard had been adopted in one form or another by most of the federal circuits and by many of the state courts during the 70 years preceding Daubert. Referred to as the “general acceptance” standard, the Frye standard--although adopted in a variety of forms--had …
Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions, Sigmond D. Schutz
Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions, Sigmond D. Schutz
Maine Law Review
Many states, including the State of Maine, take the position that they have, essentially, an infinite time within which to bring a civil action. The basis for the State's claim of immunity from statutes of limitations is the old English common law doctrine, “nullum tempus occurrit regi”-- literally, no time runs against the King--which purports to exempt the State from statutes of limitations of general applicability unless statutes expressly provide otherwise. There has not been a Maine Supreme Judicial Court (Law Court) opinion mentioning the nullum tempusdoctrine since 1955, but the doctrine continues to be actively asserted by the State …
No.42 - December 2017, Center Of Civil Law Studies
No.42 - December 2017, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
How Town Of Chester V. Laroe Estates, Inc. Turned The One-Good-Plaintiff Rule Into The One-Good-Remedy Rule, Jesse D.H. Snyder
How Town Of Chester V. Laroe Estates, Inc. Turned The One-Good-Plaintiff Rule Into The One-Good-Remedy Rule, Jesse D.H. Snyder
San Diego Law Review
This Article argues that Town of Chester reframes the one-good-plaintiff rule, turning an inquiry focused on at least one plaintiff with standing for each asserted claim into one in which courts must assay standing for the entire field of damages seekers. In three parts, the Article reviews Article III standing juxtaposed with the advent of the one-good-plaintiff rule, discusses Town of Chester, and explores how Town of Chester affects the future of the one-good-plaintiff rule. Although Town of Chester did not address existing plaintiffs or how their extant damages theories can anchor other parties, the Court’s rationale is a salvo …
Decrypting Democracy: Incentivizing Blockchain Voting Technology For An Improved Election System, Jane Susskind
Decrypting Democracy: Incentivizing Blockchain Voting Technology For An Improved Election System, Jane Susskind
San Diego Law Review
[B]lockchain technology provides a cryptographically secure and transparent method for transferring “digital assets.” Although blockchain technology is most commonly recognized as the technology that underpins virtual currencies, such as Bitcoin, it may also hold the key to facilitating secure online elections in America. To preface the need for blockchain voting, Part II addresses the current problems with voting in the United States. Part III provides an elementary explanation of blockchain. Parts IV and V outline current election laws and explain how implementing blockchain voting would very likely comply with these laws. Transitioning to a new voting system, however, does not …
Contemplating The Use Of Classified Or State Secret Information Obtained Ex Parte On The Merits In Civil Litigation: Bl(A)Ck Tea Society V. City Of Boston, Brian M. Tomney
Maine Law Review
In Bl(a)ck Tea Society v. City of Boston, the First Circuit Court of Appeals affirmed, without dissent, a district court's ruling denying protesters at the 2004 Democratic National Convention a preliminary injunction designed to force the City of Boston to modify its designated demonstration zone (DZ) and remove some of the draconian security measures surrounding the zone. The injunction was denied by Judge Woodlock after he personally inspected the DZ and determined that, given “constraints of time, geography, and safety,” there were no viable alternatives—to site location or construction of the DZ itself—that could reasonably occur before the convention started. …
Satisfaction Of Civil Judgments Against Public Juridic Persons In The United States In Light Of Canons 22 And 1291: Aliud Iure Canonico Caveatur?, Mark T. Reeves
The Catholic Lawyer
No abstract provided.
Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka
Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka
Maine Law Review
In fiscal year 2004, Wal-Mart added 139 new discount stores, supercenters, and “neighborhood markets” to its already significant chain of stores across the United States. Wal-Mart developers submit their proposals to governing town bodies all over the country with the promise that the $20 million construction of a 200,000 square foot store will create 500 new jobs for the local economy, will have a payroll of over $12 million, will increase the tax base of the area, and will provide convenient, affordable shopping for consumers. For these reasons, the big box stores are a hard offer for town planners to …
Candidates Flock To Courthouse To File For 2018 Election, Brad Stacy
Candidates Flock To Courthouse To File For 2018 Election, Brad Stacy
Media Collection
No abstract provided.
American Civil Liberties Union Of New Jersey V. Schundler: Established Endorsement In Need Of "Supreme" Intervention, Gabriel Acri
American Civil Liberties Union Of New Jersey V. Schundler: Established Endorsement In Need Of "Supreme" Intervention, Gabriel Acri
The Catholic Lawyer
No abstract provided.
The Definition Of Slave Labor For Criminal Enforcement And The Experience Of Adjudication: The Case Of Brazil, Carlos H. B. Haddad
The Definition Of Slave Labor For Criminal Enforcement And The Experience Of Adjudication: The Case Of Brazil, Carlos H. B. Haddad
Michigan Journal of International Law
The paper examines the intersections and differences between “slave labor” as used in the Brazilian domestic sphere and “slave labor” as applied to international law. The former shows an approach centered on criminal law, as opposed to human rights law. This paper explains why degrading working conditions and debilitating workdays should continue to be prohibited and punished. It also compares the sanctions of the Brazilian Criminal Code with those of similar crimes in other jurisdictions. It concludes with a discussion of the current bill proposed by Senator José Sarney, which would replace the current definition with one that more closely …
Private Life Safety Provision In Digital Age, Olga Anatolyevna Kuznetsova, Natalia Bondarenko
Private Life Safety Provision In Digital Age, Olga Anatolyevna Kuznetsova, Natalia Bondarenko
Journal of Digital Forensics, Security and Law
Digital technology nowadays covers all the spheres of life of an individual and society’s activities. With this, it is not a secret that it can be used both for the benefit and to the detriment of the person. In digital age, private life is becoming most vulnerable to arbitrary interference. This article considers various violations of the rights to privacy, communication safety and inviolability of privacy security brought in by the digital revolution. The article concludes that the most important task in the sphere of private life safety is to find a balance of interests of the state, the society …
Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Civil Practice And Procedure, Christopher S. Dadak
Civil Practice And Procedure, Christopher S. Dadak
University of Richmond Law Review
No abstract provided.
Hidden Law: Taking The Comments More Seriously, Melissa T. Lonegrass
Hidden Law: Taking The Comments More Seriously, Melissa T. Lonegrass
Journal Articles
No abstract provided.
Reevaluating The Computer Fraud And Abuse Act: Amending The Statute To Explicitly Address The Cloud, Amanda B. Gottlieb
Reevaluating The Computer Fraud And Abuse Act: Amending The Statute To Explicitly Address The Cloud, Amanda B. Gottlieb
Fordham Law Review
Under the current interpretations of authorization, instances where an individual harmlessly accesses the cloud data of another user could be classified as hacking and a violation of this federal statute. As such, this Note demonstrates that all of the current interpretations of the CFAA are too broad because they could result in this nonsensical outcome. This Note accordingly proposes an amendment to the CFAA specifically addressing user access to data on the cloud. Such an amendment would eliminate the unusual result of innocuous cloud-computing users being deemed hackers under federal law.
Clark Cty. Sch. Dist. V. Payo, 133 Nev. Adv. Op. 79 (Oct. 26, 2017), Alma Orozco
Clark Cty. Sch. Dist. V. Payo, 133 Nev. Adv. Op. 79 (Oct. 26, 2017), Alma Orozco
Nevada Supreme Court Summaries
Implied assumption of the risk does not apply when a student is required to participate in a physical education class because the doctrine’s “voluntariness” element is not satisfied. Discretionary-function immunity does not apply when cases allege inadequate supervision or instruction because such decisions, while discretionary, are not policy-based, as the discretionary-immunity test requires. Decisions are not entitled to discretionary-function immunity unless they entail governmental planning or policy formulation, which involves economic, social, and political considerations.
Diocesan Asset Management Strategies: The Civil Law Perspective, William F. Mccarthy
Diocesan Asset Management Strategies: The Civil Law Perspective, William F. Mccarthy
The Catholic Lawyer
No abstract provided.
A Civil Litigation At Antioch In The Third Century "The Unlikely Case Of The Church Building", Monsignor Thomas J. Harrington
A Civil Litigation At Antioch In The Third Century "The Unlikely Case Of The Church Building", Monsignor Thomas J. Harrington
The Catholic Lawyer
No abstract provided.
Rewriting Hockey's Unwritten Rules: Moore V. Bertuzzi, Patrick K. Thornton
Rewriting Hockey's Unwritten Rules: Moore V. Bertuzzi, Patrick K. Thornton
Maine Law Review
The word “enforcer” or “hockey goon” does not appear in the 2007–2008 National Hockey League (NHL) rulebook. However, every player and coach knows the meaning of those words. Hockey has always had its share of enforcers or “goons” that have protected star players. Steve Moore, former Harvard captain, and his parents have sued NHL tough-man Todd Bertuzzi, the Vancouver Canucks, and the partnership that owned the Canucks for an on-ice incident that occurred between Moore and Bertuzzi on March 8, 2004. Dedicated hockey fans have followed the lawsuit, but with the “incident” now over four years old many have forgotten …
The Unappreciated Importance, For Small Business Defendants, Of The Duty To Settle, Robert Heidt
The Unappreciated Importance, For Small Business Defendants, Of The Duty To Settle, Robert Heidt
Maine Law Review
This paper suggests how the duty to settle, which requires liability insurers to pay damages awarded against their insured in excess of the policy limits when the insurers reject a reasonable settlement offer within the limits, may have indirectly led certain of their insureds--small business recreational vendors like horse riding stables or some motels offering swimming pools with diving boards--to sanitize the recreational activities they offer. More generally, the duty to settle's effect on the lawsuits injured customers brought against small business recreational vendors may have led a wide variety of such vendors to sanitize activities the vendors previously offered …
Critical Analysis Of Division Of Legal Entities Into Types, N. Imomov
Critical Analysis Of Division Of Legal Entities Into Types, N. Imomov
Review of law sciences
The criteria for classifying legal entities is analysed by the purpose of the activity; the form of ownership is classified in this article. The author sanctified the essence and significance of public entities by exploring the concept of organizational and legal unity of the classification of legal entities.
Ensuring The Claim Is An Important Condition For The Full Realization Of The Enforcement Of Judicial Acts, Z. Esanova
Ensuring The Claim Is An Important Condition For The Full Realization Of The Enforcement Of Judicial Acts, Z. Esanova
Review of law sciences
In the article the basics and measures on securing of claim and their mean on ensure of realization of judicial acts (on the example of civil cases) are described. As well as it is analyzed the measures on securing claim, consideration of an application for interim relief, consequences of appeal a complaint or appeal against a ruling on securing the claim, research of theoretical, practical and scientific aspects of this institution.
The Role Of Prosecutor In Collecting Payable And Receivable Debts Of The Insolvent Debtor, B. Xudaybergenov
The Role Of Prosecutor In Collecting Payable And Receivable Debts Of The Insolvent Debtor, B. Xudaybergenov
Review of law sciences
In this article, auther studies and analyzes the legislation on the participation of the prosecutor in collecting receivables and payables of the insolvent debtor. In addition to, recommendations related to the improvement of the prosecution activity in the bankruptcy case are developed
The World Is Round: Why We Must Assure Equal Access To Civil Justice, Jon D. Levy
The World Is Round: Why We Must Assure Equal Access To Civil Justice, Jon D. Levy
Maine Law Review
In 1972, the astronauts of Apollo 17, NASA’s final manned-mission to the Moon, took a photograph of the entire hemisphere of Earth. The photograph shows the continents of Africa and Antarctica in hues of red and brown, surrounded by the vibrant blue oceans and topped by swirling white clouds. It has become an iconic image. Studying the Earth from afar, Eugene Cernan, Apollo 17’s commander, reported to the Houston command center with just a touch of irony: “We’re not the first to discover this, but we’d like to confirm, from the crew of Apollo 17, that the world is round.” …
Rowan Clerk In Romania To Discuss Same-Sex Marriage, The Morehead News
Rowan Clerk In Romania To Discuss Same-Sex Marriage, The Morehead News
Media Collection
No abstract provided.
Fredianelli V. Price, 133 Nev. Adv. Op. 74. (Oct. 5, 2017) (En Banc), Tamara Cannella
Fredianelli V. Price, 133 Nev. Adv. Op. 74. (Oct. 5, 2017) (En Banc), Tamara Cannella
Nevada Supreme Court Summaries
Under NRS 18.015, attorneys are permitted to obtain attorney fees through the enforcement of a retaining lien. If the attorney satisfies all elements of NRS 18.015, then properly moves the district court to enforce the lien, the district court can actively enforce the retaining lien and award the attorney a monetary judgment.