Open Access. Powered by Scholars. Published by Universities.®

Civil Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2019

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 61 - 90 of 138

Full-Text Articles in Civil Law

Supreme Court Queens County Jul 2019

Supreme Court Queens County

Touro Law Review

No abstract provided.


Double Jeopardy Jul 2019

Double Jeopardy

Touro Law Review

No abstract provided.


Double Jeopardy Supreme Court Appellate Division Second Department Jul 2019

Double Jeopardy Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


21st Annual Open Government Summit: Office Of The Attorney General, Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island Jul 2019

21st Annual Open Government Summit: Office Of The Attorney General, Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


On Individual Participation Within Mass Litigation: The Case Of The Fairness Hearing, Nourit Zimerman Jul 2019

On Individual Participation Within Mass Litigation: The Case Of The Fairness Hearing, Nourit Zimerman

Akron Law Review

What can we learn from including class members’ voices in the process of approving settled class actions? How does the opportunity provided to class members to participate in a public hearing relate to the inherent tension between individualism and the goals of aggregate litigation? Employing a unique methodology for analyzing court transcripts and using original data, this paper provides a renewed and rich depiction of the fairness hearing—a public hearing mandated by the Federal Rules of Civil Procedure—which is held before the court can approve a settlement in a class action. Situated both within socio-legal studies and mass litigation scholarship, …


Abortion-Related Disclosures And How The Maryland General Assembly Can Institute A Novel And Innovative Pregnancy Disclosure, Mary L. Scott Jul 2019

Abortion-Related Disclosures And How The Maryland General Assembly Can Institute A Novel And Innovative Pregnancy Disclosure, Mary L. Scott

Maryland Law Review Online

No abstract provided.


No.47 - July 2019, Center Of Civil Law Studies Jul 2019

No.47 - July 2019, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


Why Don’T Judges Case Manage?, Hon. Jennifer D. Bailey Jun 2019

Why Don’T Judges Case Manage?, Hon. Jennifer D. Bailey

University of Miami Law Review

The problems of cost and delay experienced by parties seeking civil justice have been the subject of complaints for nearly one hundred years, going back to the days of Roscoe Pound. In the past few years, court leadership across the country has emphasized judicial case management as a significant tool for delivery of cost-effective, fair, and timely civil justice. The declining civil caseload has brought new urgency to these problems as evidence grows that litigants are deserting the civil justice system. Calls for case management to contain cost and delay have come from the Chief Justice of the United States, …


Custom As A Source Of Law In Louisiana, Gail S. Stephenson Jun 2019

Custom As A Source Of Law In Louisiana, Gail S. Stephenson

Louisiana Law Review

The article discusses the Louisiana Civil Code to examine the intent of the state legislature when it established custom as a main source of law in the 1987 amendment, as well as the historical basis of consuetudinary law and the relationship of custom and jurisprudence.


Traditional Public Utility Law And The Demise Of A Merchant Transmission Developer, Meredith Hurley Jun 2019

Traditional Public Utility Law And The Demise Of A Merchant Transmission Developer, Meredith Hurley

Northwestern Journal of Law & Social Policy

No abstract provided.


Machine Learning With Multi-Class Regression And Neural Networks: Analysis And Visualization Of Crime Data In Seattle, Erkin David George Jun 2019

Machine Learning With Multi-Class Regression And Neural Networks: Analysis And Visualization Of Crime Data In Seattle, Erkin David George

Honors Projects

This article examines the implications of machine learning algorithms and models, and the significance of their construction when investigating criminal data. It uses machine learning models and tools to store, clean and analyze data that is fed into a machine learning model. This model is then compared to another model to test for accuracy, biases and patterns that are detected in between the experiments. The data was collected from data.seattle.gov and was published by the City of Seattle Data Portal and was accessed on September 17, 2018. This research will be looking into how machine learning models can be used …


The Just And The Unjust: Ernest Hemingway And Protest Literature In Response To Civil Disobedience In The Context Of The Two World Wars, Trang Hoang May 2019

The Just And The Unjust: Ernest Hemingway And Protest Literature In Response To Civil Disobedience In The Context Of The Two World Wars, Trang Hoang

Celebration of Learning

By obeying unjust laws, human beings give up their own opportunity to live in a humane world. Henceforth, the two World Wars stand remarkably as situations that conscience of morality has to be placed on top of obedience to ensure the essence of human existence, and a failure to do so led to not only the deaths and exhaustions worldwide but also the collapse of human love and human responsibility to love. Protest literature, especially Ernest Hemingway's novels allow people to reflect on this philosophy through an artistically credible lens.


Problems Of Full-Fledged Introduction Of Land Into Civil Circulation In The Republic Of Uzbekistan, O Oqyulov May 2019

Problems Of Full-Fledged Introduction Of Land Into Civil Circulation In The Republic Of Uzbekistan, O Oqyulov

Review of law sciences

No abstract provided.


Erie'S Unintended Consequence: Federal Courts Creating State Law, Laura E. Little May 2019

Erie'S Unintended Consequence: Federal Courts Creating State Law, Laura E. Little

Akron Law Review

This paper explores the permission that the Erie decision granted to federal courts to inject themselves into the dynamics of state law change. Following Erie’s mandate, a federal court can sometimes clearly discern the content of state law from a state statute or a recent state Supreme Court decision. Other times, state court precedent is either nonexistent or old and contrary to trends elsewhere in United States law. In these latter circumstances, federal courts are forced to decipher the current content of state law. In these circumstances, federal courts must sometimes use weak or nonexistent evidence to guide their analysis …


A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler May 2019

A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler

Undergraduate Theses

This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.


Clinical Decision Making: A Case Study Of The Effects Of Evidence Based Medicine And Past Empirical Experience In The Emergency Department, Olivia Zeman-Renner May 2019

Clinical Decision Making: A Case Study Of The Effects Of Evidence Based Medicine And Past Empirical Experience In The Emergency Department, Olivia Zeman-Renner

Theses/Capstones/Creative Projects

With a growing number of medical malpractice suits and the passage of policy that focuses on patient advocacy, an emphasis has been placed on research regarding the decision-making processes of physicians in everyday practices. Over the past decades, scholars have looked to specific clinical decision-making philosophies, how they can be implemented into practice, and the effects of such implementation, but little research has been done into the culmination of decision-making philosophies on a day-to-day basis. By focusing on single-case study of a Midwestern Emergency Department and asking Attending physicians to self-report their decision-making philosophies, this study serves as a transition …


The Nationalization Of The Dutch Owned Plantations In North Sumatra: To Whom The Communal Land Belong?, Edy Ikhsan Apr 2019

The Nationalization Of The Dutch Owned Plantations In North Sumatra: To Whom The Communal Land Belong?, Edy Ikhsan

Indonesia Law Review

This article has been developed through an analysis of primary and secondary sources concerning the nationalization’s policy of the Dutch enterprises in Indonesia as had been conducted by Soekarno’s regime back in 1958. The impact of this said policy has been so much felt very strongly to these days, most especially on the ex-concessionary lands of the Dutch enterprises in North Sumatera. The flaws made by the Indonesian government in interpreting the terminology of Concession to the Cultivation Rights on Lands, in the said nationalization policy, have created various endless conflicts among central and regional governments, state-owned enterprises, the Sultanates …


Defining Unreasonable Radius Clauses For American Music Festivals, Trevor Lane Apr 2019

Defining Unreasonable Radius Clauses For American Music Festivals, Trevor Lane

Seattle University Law Review

Since 1969, the music festival remains a staple of American musical culture, and in order to meet consumer demands, today’s music festival promoters rely on radius clauses ancillary to the performance agreements that they use with artists. These radius clauses limit artists’ ability to perform at other music festivals and concerts within a specified temporal and geographic radius of the contracted music festival. Beginning in 2010, legal challenges have alleged that broadly defined radius clauses used by music festival promoters violate Section 1 of the Sherman Antitrust Act. This Note contends that radius clauses which limit artists from performing beyond …


Footprints: Privacy For Enterprises, Processors, And Custodians…Oh My!, Blair Witzel, Carrie Mount Apr 2019

Footprints: Privacy For Enterprises, Processors, And Custodians…Oh My!, Blair Witzel, Carrie Mount

Seattle University Law Review

Americans’ interest in privacy—as evidenced by increasing news coverage, online searches, and new legislation—has grown over the past decade. After the European Union enacted the General Data Protection Regulation (GDPR), technologists and legal professionals have focused on primary collectors of data—known under various legal regimes as the “controller” or “custodian.” Thanks to advances in computing, many of these data collectors offload the processing of data to third parties providing data-related cloud services like Amazon, Microsoft, and Google. In addition to the data they have already collected about the data subjects themselves, these companies now “hold” that data on behalf of …


Non-Autonomous Artificial Intelligence Programs And Products Liability: How New Ai Products Challenge Existing Liability Models And Pose New Financial Burdens, Greg Swanson Apr 2019

Non-Autonomous Artificial Intelligence Programs And Products Liability: How New Ai Products Challenge Existing Liability Models And Pose New Financial Burdens, Greg Swanson

Seattle University Law Review

This Comment argues that the unique relationship between manufacturers, consumers, and their reinforcement learning AI systems challenges existing products liability law models. These traditional models inform how to identify and apportion liability between manufacturers and consumers while exposing litigants to low-dollar tort remedies with inherently high-dollar litigation costs.11 Rather than waiting for AI autonomy, the political and legal communities should be proactive and generate a liability model that recognizes how new AI programs have already redefined the relationship between manufacturer, consumer, and product while challenging the legal and financial burden of prospective consumer-plaintiffs and manufacturer-defendants.


Gdpr Compliance—It Takes A Village, Susy Mendoza Apr 2019

Gdpr Compliance—It Takes A Village, Susy Mendoza

Seattle University Law Review

When the General Data Protection Regulation (GDPR) came into effect in May of 2018, many legal departments were confronted with the gravity of just how they were going to comply with such a wide-reaching law. If you have international customers (both direct to consumer or business to business), it is not hard to convince your general counsel that compliance with the GDPR is a must. You may even be able to get the chief technical officer (CTO) or chief operating officer (COO) onboard just by mentioning the steep fines—two to four percent of worldwide gross revenue. But how does the …


The Gdpr: It Came, We Saw, But Did It Conquer?, Leila Javanshir Apr 2019

The Gdpr: It Came, We Saw, But Did It Conquer?, Leila Javanshir

Seattle University Law Review

On February 1, 2019, the Seattle University Law Review held its annual symposium at the Seattle University School of Law. Each year, the Law Review hosts its symposium on a topic that is timely and meaningful. This year, privacy and data security professionals from around the globe gathered to discuss the current and future effects of the General Data Protection Regulation (GDPR) that was implemented on May 25, 2018. The articles and essays that follow this Foreword are the product of this year’s symposium.


Regulating The Gdpr: Perspectives From The United Kingdom, Hannah Mccausland Apr 2019

Regulating The Gdpr: Perspectives From The United Kingdom, Hannah Mccausland

Seattle University Law Review

Hannah McCausland leads the international group at the UK Information Commissioner’s Office (ICO). The ICO’s International Engagement functions as the gateway to other data protection and privacy authorities on international matters. She’s involved in the work of the EU European Data Protection Board advising the commissioner and the deputy commissioner on international positioning of the ICO, and she has played a key role over the past six years in the ICO’s strategy on navigating the EU’s data protection framework. Hannah has also played a major role at the global level and advancing the practical tools that data protection and privacy …


Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”, Alex Alben Apr 2019

Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”, Alex Alben

Seattle University Law Review

Can we live in a free society without personal privacy? The question is worth pondering, not only in light of the ongoing debate about government surveillance of private communications, but also because new technologies continue to erode the boundaries of our personal space. This Article examines our loss of freedom in a variety of disparate contexts, all connected by the thread of erosion of personal privacy. In the scenarios explored here, privacy reducing activities vary from government surveillance, personal stalking conducted by individuals, and profiling by data-driven corporations, to political actors manipulating social media platforms. In each case, new technologies …


Confiding In Con Men: U.S. Privacy Law, The Gdpr, And Information Fiduciaries, Lindsey Barrett Apr 2019

Confiding In Con Men: U.S. Privacy Law, The Gdpr, And Information Fiduciaries, Lindsey Barrett

Seattle University Law Review

In scope, ambition, and animating philosophy, U.S. privacy law and Europe’s General Data Protection Regulation are almost diametric opposites. The GDPR’s ambitious individual rights, significant prohibitions, substantive enforcement regime, and broad applicability contrast vividly with a scattershot U.S. regime that generally prioritizes facilitating commerce over protecting individuals, and which has created perverse incentives for industry through anemic enforcement of the few meaningful limitations that do exist. A privacy law that characterizes data collectors as information fiduciaries could coalesce with the commercial focus of U.S. law, while emulating the GDPR’s laudable normative objectives and fortifying U.S. consumer privacy law with a …


General Data Protection Regulation (Gdpr): Prioritizing Resources, Jennifer Dumas Apr 2019

General Data Protection Regulation (Gdpr): Prioritizing Resources, Jennifer Dumas

Seattle University Law Review

This Article will discuss and analyze the years of preparation for the GDPR and provide recommendations for dealing with the GDPR forevermore. It will assess whether the preparation and panic were worth it. In other words, was the time, expense, and distraction my peers and I expended and experienced over the past years proportionate to the requirements and impact of the GDPR? Further, was the high level of preparation and panic many legal departments in countless companies undertook and experienced appropriate now that we have had a chance to see the initial impact of the GDPR?


Privacy Statements Under The Gdpr, Mike Hintze Apr 2019

Privacy Statements Under The Gdpr, Mike Hintze

Seattle University Law Review

The need to include specific types of information in a privacy statement is a GDPR compliance obligation that does not get as much attention as some other GDPR requirements. Perhaps that is because privacy statements have been much maligned in recent years. They are too long and full of legalese. Nobody reads them. They are part of a notice and consent approach to privacy that puts an unrealistic burden on consumers to make informed choices. But despite these well-known criticisms, the GDPR doubles down on privacy statements. In fact, gauging by the roughly fourfold increase in privacy statement requirements compared …


Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet, Steven Tapia Apr 2019

Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet, Steven Tapia

Seattle University Law Review

The dream of a perpetual, limitless, non-dimensional space is an idea that has transfixed clergy, philosophers, and poets for ages. Whether it is called “heaven,” “the afterlife,” “nirvana,” or another linguistic stand-in, the dream of a dimension beyond the bounds of time, space, and the laws of nature seems as universal as any concept ever. From its initial development in the 1970s (as a military, academic, and governmental experiment in creating a wholly alternative means of communication capable of surviving catastrophic failures of any parts of the communications conduits) until essentially now, the Internet seemed to be the closest incarnate …


Fourth Annual Conference On The Fight Against Corruption, Florida International University College Of Law, Florida International University Global Legal Studies Initiative Apr 2019

Fourth Annual Conference On The Fight Against Corruption, Florida International University College Of Law, Florida International University Global Legal Studies Initiative

FIU Law Events

Fourth Annual Conference on the Fight Against Corruption: High-Risks, High-Rewards in the Global Fight against Corruption, (Thursday, April 25 from 1:00 pm to 5:45 pm, and Friday, April 26 from 8:40 am to 1:00 pm). This international conference represents an exciting forum for anti-corruption leaders from around the world, including asset recovery practitioners, government officials, and members of civil society, to discuss and analyze the anti-corruption movement’s recent successes, as well as the challenges that remain. The speakers include a Special Representative of the OAS Secretary General, the head of the Commission Against Impunity in Guatemala, Two attorney Generals, …


2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law Apr 2019

2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.