Civil Law Commons^™

Restrictions For The Modern-Day Child: Act 456, No. 162, Implementing Social Media Restrictions For Minors Under 18 In Louisiana, Elizabeth Kelone

Journal of Civil Law Studies

Student Note

The Continuum Of Contractual Commitment, David Snyder

Scholarly Articles in Law Reviews & Journals

Contracts frequently call for one or more differentiated levels of contractual commitment. Although contractual liability in the common law is said to be strict liability, and a claim that a good attempt was made is said to be no defense, often a party promises only to try. Contract theory in the United States struggles with departures from the paradigm of strict liability, and it has failed to fully consider the continuum of contractual commitment. To encompass the range of assent-based commitment and its consequent liability, U.S. contract theory needs to distinguish more clearly between (1) promises to try, which do …

Roman–Dutch Law, Scottish Civil Procedure And Fusing Of The Common And Civil Jurisprudence, Zia Akhtar

Notre Dame Journal of International & Comparative Law

The range and breadth of Roman law have extended and been assimilated into the distant corners of Europe based on the concept of Jus Commune. Law of Scotland is one of the countries which has adopted Roman legal principles in its substantive law. The Scots law is a non-codified Civil law in which legal principles have been drawn from both the civilian (i.e. Roman law) and common law traditions. It also owes its evolution to the jurists who developed the causes of action in the civil courts of the country. These Roman law foundations still persist in Scottish law and …

A Bicentennial Approach To An Exegetical School Of Private Law In Louisiana, Agustín Parise

Journal of Civil Law Studies

This paper is an expansion of the 44th Tucker Lecture on Civil Law. It deals with sources of law, codification, and the place of the civil code in the State of Louisiana. It explores to what extent it is possible to speak of the presence of an exegetical school of private law in Louisiana throughout the life of the Louisiana Civil Code. This paper is divided into five parts. First, it deals with foundational aspects of codification and of the Louisiana Civil Code. Second, it offers a conceptualization of exegesis. Third, it presents a periodization to help analyze the degree …

Small Claims Mediation In Maine: An Empirical Assessment, Craig A. Mcewen, Richard J. Maiman

Maine Law Review

In recent years considerable attention has been paid in the United States to the development of informal "alternatives to court" as part of a world-wide access to justice movement. Of these alternatives to courts, mediation contrasts most sharply with adjudication and, in theory, promises much by way of decreasing the alienation of citizens when it is made an adjunct to the formal judicial process. The contrast and promise stem largely from the participatory and consensual character of the mediation process. A third party to the dispute—the mediator—encourages the parties to find a mutually agreeable settlement by helping them to sharpen …

Civil Juries In Maine: Are The Benefits Worth The Costs?, Donald Alexander

Maine Law Review

Throughout this century, legal scholars have vigorously criticized civil juries with little apparent effect. Despite the civil jury's long history of successful resistance to change, new considerations make it imperative that we conduct a fundamental review of the functioning of the civil jury as an instrument of justice for the twenty-first century. That review has begun in Maine. Under the direction of the Maine Supreme Judicial Court, a comprehensive jury management study has just been completed. Proposals for changes in jury management and efficiency are now being developed. As part of this process, we can simply perpetuate the past or …

In Defense Of Civil Juries, Peter W. Culley

Maine Law Review

Criticism of the civil jury system is nothing new. In fact, virtually since its inception the civil jury has been embroiled in controversy. Typically critics argue that: the jury cannot handle the complex or technical case; there is great expense and delay attendant to trial by jury; jury adjudication is of low quality; verdicts rendered by different juries in cases involving similar facts often appear inconsistent. Recently, Justice Donald Alexander of the Maine Superior Court stated that "[t]he civil jury system has outlived its usefulness." In support of his basic premise that the civil jury system is merely an historical …

The Vitality Of The Doctrine Of Punitive Damages In Maine, Kevin F. Gordon

Maine Law Review

On four separate occasions between December 1981 and February 1982, the Maine Supreme Judicial Court called into question the continued vitality of the common law doctrine of punitive damages. The substantive propriety of punitive damages was not challenged by any of the defendants in those four cases. As a result, the Law Court assumed for the purposes of each opinion that punitive damages could be awarded by a court "in some instances without explicit statutory authorization." Nevertheless, in a footnote to Braley v. Berkshire Mutual Insurance Co., the court challenged this assumption. Noting that the doctrine of punitive damages initially …

Maine Civil Remedies By Andrew M. Horton & Peggy L. Mcgehee, Eric R. Herlan

Maine Law Review

If there is any ongoing dispute within the legal community that one could properly characterize as a Great Debate, that dispute concerns the nature and sources of judicial power. Most recently that debate has manifested itself in nuanced and subtle disagreements about how a court ought to interpret enacted law, whether found in statutes or written constitutions. That argument about judicial interpretation, and more precisely about the philosophical possibility of correct textual interpretations, is itself simply a more scholarly manifestation of an earlier dispute over whether judges should "legislate" when they resolve difficult legal issues, or should instead constrain themselves …

Born In The U.S.A.: Analyzing The Domesticity Of Judgments In The Civil Rico Context, Alex Reid

University of Cincinnati Law Review

No abstract provided.

Anglo-Saxon Res Judicata Culture For Civil Law Systems, Cesare Cavallini

Northwestern Journal of International Law & Business

One traditional aspect distinguishing the common law system from the civil law one lies in the perceived disparities in the inspiration of the law-making process. The Anglo-Saxon system typically grounds its rules in explicit and discernible policies spanning social, anthropological, and economic realms directly relevant to the circumstances. In contrast, the civil law tradition frequently necessitates a fixed conceptual framework, sometimes detached from the practical needs of society. Or, at least, this dynamic persisted until recent changes prompted by the “doing business” model, which has timidly ascended to the forefront of the State agenda, particularly across Europe, notably in Italy. …

The Influence Of The Spanish Legal System And Socialist Legal Systems On Cuban Civil Law, María Elena Cobas Cobiella

FIU Law Review

The essay “The influence of the Spanish legal system and socialist legal systems on Cuban civil law” fulfills an old desire to analyze how the current Cuban civil law has been shaped. The work addresses the influence of the law of the former socialist countries and Spanish law in the configuration of current Cuban civil law.

John Coxe's Exchequer Reports, William Hamilton Bryson

Law Faculty Publications

John Coxe was born circa 1695. He was the eldest son of Charles Coxe (c. 1661-1728), a bencher and treasurer of Lincoln's Inn and member of Parliament. John Coxe matriculated at Magdalen College, Oxford, on 23 January 1712, and he was admitted as a student at Lincoln's Inn on 27 January 1712; he was called to the bar in 1718, and made a bencher in 1743. On the death of his father in 1728, he inherited Nether Lypiatt, in Gloucestershire, an imposing manor house that his father had built in 1717. He was the Clerk of the Letters Patent from …

Creating A People-First Court Data Framework, Lauren Sudeall, Charlotte S. Alexander

Vanderbilt Law School Faculty Publications

Most court data are maintained--and most empirical court research is conducted--from the institutional vantage point of the courts. Using the case as the common unit of measurement, data-driven court research typically focuses on metrics such as the size of court dockets, the speed of case processing, judicial decision-making within cases, and the frequency of case events occurring within or resulting from the court system.

This Article sets forth a methodological framework for reconceptualizing and restructuring court data as "people-first"-centered not on the perspective of courts as institutions but on the people who interact with the court system. We reorganize case-level …

Codification Of Civil Law In Azerbaijan: History, Current Situation And Development Perspectives, Natig Khalilov

Journal of Civil Law Studies

The Civil Code is the second most important legal act in the country after the Constitution, and the first in terms of volume. Due to its important role in the lives of citizens, the Civil Code is sometimes informally referred to as the “Economic Constitution.” At the same time, the Civil Code is the main document setting the rules for a market economy. This article is devoted to the processes of codification of civil law in Azerbaijan over the past 100 years. During the twentieth century, through the codification of civil law, Azerbaijan has adopted three Civil Codes, far more …

Star–Crossed Copyrights: The Story Of How Mexico Defied Civil Law Traditions By Infusing Common Law Ideologies Into Its Audiovisual And Motion Picture Copyright Regulations, Camila Chediak

University of Miami Inter-American Law Review

This Note was inspired by the out–of–the–ordinary, yet practical approach that Mexico chose to implement when it waived certain longstanding copyright moral rights principles in favor of the U.S. common law work–made–for–hire approach for its audiovisual and motion picture regulations. Since the inception of its copyright law, Mexico has strictly adhered to the civil law ideologies that are generally standard to civil law countries, particularly in its loyalty to the original creators of creative works through the moral rights doctrine. The United States, on the other hand, favors utilitarian ideologies that emphasize the societal importance of fostering innovation through the …

What We Are Owed: The Possibilities Of A Civil Law Response To Sexual Injuries, Nathalie Marx

Scripps Senior Theses

Drawing from philosophical, feminist, and legal frameworks, this thesis aims to reconceptualize our understanding of sexual violations. I suggest that rape and other sexual violations produce injuries unique from other forms of physical violence that must be addressed as an extension of a culture which objectifies, restricts the agency of, and shames women. It is argued that through the ability for survivors to bring a civil claim of negligence against their perpetrators following a sexual injury, pathways for restorative healing and cultural transformation are opened, and a more responsive legal standard for fault is created. This paper responds to theories …

Proceed With Caution: Readjusting The Procedural Requirements For Prenuptial Agreements Post-Acurio V. Acurio, Emily Hickman

Louisiana Law Review

The article discusses the need to amend the procedural requirements for prenuptial agreements under the Louisiana Civil Code following the Supreme Court's decision in Acurio v. Acurio which held that acknowledgment of an act under private signature must take place before the marriage.

The Concept Of “Return” In Contracts

UAEU Law Journal

In the common law ofEnglandandUnited States, agreement is enforceable if it is shown that it is made for valuable “return”: that is a profit provided by a party seeking enforcement of the agreement. Thus, the presence of a profit is a precondition for the validity of all contracts unless they are under seal. Profits can be looked at as a price paid by the other party. It takes the form of some rights, profits or benefits accruing to the one party or some detriment or loss suffered by the other.

In Civil law system, a lawful cause is a precondition …

Analysis Of New Approaches To Civil Legal Security For Loan Obligations, Nurillo Imomov

Review of law sciences

The article analyzes the need and specific features of “security transactions” as ways to ensure the fulfillment of obligations not specified in the Civil Code. It also explores new approaches to ensuring the fulfillment of obligations and proposes judgments in this area.

The Unmet Legal Needs Of The Poor In Maine: Is Mandatory Pro Bono The Answer?, Wendy F. Rau

Maine Law Review

In 1989, the Maine Commission on Legal Needs was formed to study the civil legal needs of Maine's poor population and to develop a plan for meeting those needs. Similar projects have been undertaken in a number of other states and by the American Bar Association in recent years. Each study has revealed a significant unmet need among the poor for assistance with legal problems. There seems little doubt that the situation is serious and widespread. The difficulty lies in finding a solution. One proposal that has been advanced is mandatory pro bono, a program that would require attorneys to …

Digital Civil Turnover: A Targeted And Conceptual Scientific And Theoretical Approach, Sh. Ruzinazarov

Review of law sciences

This article examines the role and importance of civilian science and a new trend in fundamental research in their priority areas. In it, based on the scientific direction of the digital economy, the conclusions and proposals on current problems of civil law are justified.

Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang

St. Mary's Law Journal

As China develops its modern jurisprudence it faces a choice between emulating the legal frameworks of civil law countries or common law countries. Thus far, the civil law path has allowed for a rapid expansion of Chinese tort law, but jurists have found difficulty in applying such generalized statutory schemes with the absence of supporting judicial interpretation. Cognizant of the differences between the public policy of common law countries and China, Vincent Johnson’s Mastering Torts (Měiguó Qīnquán Fǎ) provides this guidance through the lens of American tort law. The hornbook takes care to simplify the role of judicial …

Developing The Civil Law Of Incorporeal Things, Ricardo Bethencourt, Aniceto Masferrer

Journal of Civil Law Studies

This article offers the legal profession a method to effectuate on behalf of authors, designers, or inventors who are residents of Louisiana (or for Louisiana transactions) the rights recognized by federal law on intellectual property (IP) and unfair competition by activating the civil law on incorporeal things. Additionally, it offers a way to enhance the civil law practitioners’ stock of solutions with the regular notions of property, contracts, and torts in IP and unfair competition law for fascinating results. Also, it enables civil law academia to teach IP and unfair competition law through regular courses such as property, contracts, and …

Star Financial Services, Inc. V. Cardtronics Usa, Inc., Nancy A. Maurice

Journal of Civil Law Studies

No abstract provided.

French Jurisdictional Complexity On The Fringe— Acadia 1667-1710, Jacques Vanderlinden

Journal of Civil Law Studies

During the second half of the 17th century of French formally institutionalized colonial power in Acadia, the province was in an interesting state of jurisdictional complexity insofar as French colonists were concerned. While native Amerindians, mostly Malecites and Micmawqs, carried their precolonial political order and jurisdictional organisation without almost any interference of the colonial power, imported normative systems derived from feudalism, the Catholic Church, French colonial order, French provincial customs and family organisation were juxtaposed and interacted, each of them were a well-known part of the Western legal tradition. Yet—and this is the most interesting—the state power, which was prevalent …

Hazing Laws In Louisiana: Criminal Penalty Masquerading Under The Guise Of Punitive Damages, Brittney Esie

Journal of Civil Law Studies

No abstract provided.

Establishment Of Religion Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.

Double Jeopardy

Touro Law Review

No abstract provided.