Finding Prejudice From Lost Esi: An Analysis Of Courts’ Standards Under Amended Federal Rule Of Civil Procedure 37(E),
2019
University of Oklahoma College of Law
Finding Prejudice From Lost Esi: An Analysis Of Courts’ Standards Under Amended Federal Rule Of Civil Procedure 37(E), Thomas J. Joyce
Oklahoma Law Review
No abstract provided.
Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy,
2019
FAMU College of Law
Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard
Journal Publications
Black women have made huge contributions to American society in movements, politics, and maintenance of the democracy. Black women have been relegated to footnotes, turned in memes, and largely ignored in politics and other areas of power. Notwithstanding the disrespect, disregard, and failures of the larger society to acknowledge that black own have made significant contributions, not only in the in entertainment industry, but in numerous other ways that have shaped out cultural and political landscape, black women's contributions to the larger society have been huge and impactful; yet there are so many blank spaces where their stories should reside. …
Accounting For Awards: An Examination Of Juror Reasoning Behind Pain And Suffering Damage Award Decisions,
2019
University of Texas at El Paso
Accounting For Awards: An Examination Of Juror Reasoning Behind Pain And Suffering Damage Award Decisions, Krystia Reed, Valerie P. Hans, Valerie F. Reyna
Cornell Law Faculty Publications
What do civil jurors think about when they are asked to make damage award decisions? Given the secrecy of the jury deliberation process, often we are unaware of jurors' thought processes. This Article presents the results from three studies in which mock jurors explained the reasoning behind their damage awards for pain and suffering. We highlight the most common explanations and distinguish between reasons justifying high and low pain and suffering awards. We conclude with a discussion for what this means for attorneys during trial.
Disclosing Prosecutorial Misconduct,
2019
Vanderbilt University Law School
Disclosing Prosecutorial Misconduct, Jason Kreag
Vanderbilt Law Review
Prosecutorial misconduct in the form of Brady violations continues to plague the criminal justice system. Brady misconduct represents a fundamental breakdown in the adversarial process, denying defendants a fair trial and undermining the legitimacy of the criminal justice system. Commentators have responded by proposing a range of reforms to increase Brady compliance. Yet these reforms largely ignore the need to remedy the harms from past Brady violations. Furthermore, these proposals focus almost entirely on the harms defendants face from prosecutors'Brady misconduct, ignoring the harms victims, jurors, witnesses, and others endure because of Brady misconduct. This Article proposes a new remedy …
Simplified Courts Can't Solve Inequality,
2019
Columbia Law School
Simplified Courts Can't Solve Inequality, Colleen F. Shanahan, Anna E. Carpenter
Faculty Scholarship
State civil courts struggle to handle the volume of cases before them. Litigants in these courts, most of whom are unrepresented, struggle to navigate the courts to solve their problems. This access-to-justice crisis has led to a range of reform efforts and solutions. One type of reform, court simplification, strives to reduce the complexity of procedures and information used by courts to help unrepresented litigants navigate the judicial system. These reforms mitigate but do not solve the symptoms of the larger underlying problem: state civil courts are struggling because they have been stuck with legal cases that arise from the …
Indonesia And Its Reluctance To Ratify The United Nations Convention On Contracts For The International Sale Of Goods (Cisg),
2018
Maastricht University, the Netherlands
Indonesia And Its Reluctance To Ratify The United Nations Convention On Contracts For The International Sale Of Goods (Cisg), Surya Oktaviandra
Indonesia Law Review
There is still a huge debate on business policy in Indonesia pertaining the fact that the Government of Indonesia is still reluctance to ratify one of the important conventions for the business world namely CISG (Convention on Contracts for the International Sale of Goods). This paper attempts to discuss the issues which will deliver inter-disciplinary areas such as law, economics, and public policy. By analyzing this matter with a comprehensive measure, it will ensure an appropriate understanding and thus create more precise analysis to serve a contribution in suggesting solve-problem. Despite having its particular point of view, the author based …
Introductory Essay To The Translation Of The Discourso Preliminar Of Pérez Y López’S Teatro,
2018
Louisiana State University Law Center
Introductory Essay To The Translation Of The Discourso Preliminar Of Pérez Y López’S Teatro, John W. Cairns
Journal of Civil Law Studies
No abstract provided.
A Controversial Transplant? Debate Over The Adaptation Of The Napoleonic Code On The Polish Territories In The Early 19th Century,
2018
Louisiana State University Law Center
A Controversial Transplant? Debate Over The Adaptation Of The Napoleonic Code On The Polish Territories In The Early 19th Century, Michał Gałędek, Anna Klimaszewska
Journal of Civil Law Studies
This article focuses on the attitude of the Polish legal elite regarding the adaptation of French civil law introduced on the Polish territories in the Duchy of Warsaw, established by Napoleon in 1807. While addressing the Polish example, it underscores the universal nature of problems engendered by legal transfer and by the social reactions to foreign solutions. It sheds light on the state of mind of Polish enlightened elites, on their approach toward new legal instruments and on the challenges of adapting them to the socioeconomic conditions of a semi-peripheral country. The Polish situation in the early 19th century provides …
Cover, Masthead & Contents,
2018
Louisiana State University Law Center
Alchemistic Metaphors In Comparative Law: Mixed Legal Systems, Reception Of Laws And Legal Transplants,
2018
Louisiana State University Law Center
Alchemistic Metaphors In Comparative Law: Mixed Legal Systems, Reception Of Laws And Legal Transplants, Andreas Rahmatian
Journal of Civil Law Studies
The terms “mixed legal systems” and “legal transplants” are used frequently in comparative law. What they denote exactly, is difficult to ascertain: what does the mixité consist of, what are its ingredients or building blocks; which types of mixité exist, how are legal transplants transformed in the receiving legal system? Comparative lawyers often resort to metaphors when they try to describe and explain these complex phenomena: metaphors from cooking, music, horticulture or biology. Whenever there are mixtures, trans-formations, or transmutations, metaphors from the philosophical concepts of alchemy are at least equally illuminating. This article discusses the different problems of conceptualising …
Economic Analysis Of The Interaction Between National Legal Systems: A Contribution To The Understanding Of Legal Diversity And Legal Unity,
2018
Louisiana State University Law Center
Economic Analysis Of The Interaction Between National Legal Systems: A Contribution To The Understanding Of Legal Diversity And Legal Unity, Hugues Bouthinon-Dumas
Journal of Civil Law Studies
Scholars increasingly use expressions such as “regulatory com-petition” or even “law market” to illustrate the new global legal system and the rivalry between national laws. This paper scrutinizes the legitimacy of the application of such economic concepts to legal systems’ interactions. An economic analysis could allow us to, more precisely, delimit the factors of convergence (leading to unity) and divergence (leading to diversity) between national legal systems due to competitive strategies (namely differentiation and alignment) and the consequences for the regulation of legal systems’ interactions.
Italy - The New Italian Regime For Healthcare Liability And The Role Of Clinical Practice Guidelines: A Dialogue Among Legal Formants,
2018
Louisiana State University Law Center
Italy - The New Italian Regime For Healthcare Liability And The Role Of Clinical Practice Guidelines: A Dialogue Among Legal Formants, Laura Maria Franciosi
Journal of Civil Law Studies
No abstract provided.
Mcgraw V. City Of New Orleans,
2018
Louisiana State University Law Center
Mcgraw V. City Of New Orleans, Marcus D. Sandifer
Journal of Civil Law Studies
No abstract provided.
Data Ownership—A Property Rights Approach From A European Perspective,
2018
Louisiana State University Law Center
Data Ownership—A Property Rights Approach From A European Perspective, Andreas Boerding, Nicolai Culik, Christian Doepke, Thomas Hoeren, Tim Juelicher, Charlotte Roettgen, Max V. Schoenfeld
Journal of Civil Law Studies
Data has become one of the most important resources in post-modern information society. However, European civil law does not reflect this development adequately. In fact, so far, European civil law seems to struggle with handling data as a legal entity. Against this background, the article provides a transnational overview and a comprehensive analysis of the legal situation in Europe. It discusses why data ownership is widely perceived as a problem on this side of the Atlantic and how this perception can be overcome by a fundamental property law approach. Taking into account economic realities, we argue that European property law …
The State Of Louisiana And The Vermilion Parish School Board V. Louisiana Land And Exploration Company,
2018
Louisiana State University Law Center
The State Of Louisiana And The Vermilion Parish School Board V. Louisiana Land And Exploration Company, Kadence Haskett
Journal of Civil Law Studies
No abstract provided.
Translation Of The Preliminary Discourse To The Teatro De La Legislación Universal De España E Indias,
2018
Louisiana State University Law Center
Translation Of The Preliminary Discourse To The Teatro De La Legislación Universal De España E Indias, H. Barlow Holley
Journal of Civil Law Studies
No abstract provided.
Complete V.11 No.2,
2018
Louisiana State University Law Center
Perbedaan Penerapan Derivative Action Di Indonesia Sebagai Negara Civil Law Dibandingkan Dengan Negara-Negara Penganut Sistem Hukum Common Law (Studi Putusan Perdata Nomor 02/Pdt.G/2010/Pn.Jkt.Sel),
2018
Faculty of Law Universitas Indonesia
Perbedaan Penerapan Derivative Action Di Indonesia Sebagai Negara Civil Law Dibandingkan Dengan Negara-Negara Penganut Sistem Hukum Common Law (Studi Putusan Perdata Nomor 02/Pdt.G/2010/Pn.Jkt.Sel), Shofia Shobah
Jurnal Hukum & Pembangunan
The protection of minority shareholders within the company is one importance thing given the likelihood of their rights being violated by the actions of the board of directors. In the concept of the company, shareholders are passive parties who do not participate in the management of the company, thus causing the shareholders vulnerable to deviations. The rights of the company's shareholders are very important for the concept of Corporate Governance. Shareholders are not corporate organs because the company's organs are General Meeting of Shareholders (GMS). The Board of Directors may decide to run the company as long as it does …
Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen
Nevada Supreme Court Summaries
No abstract provided.
Capanna, M.D. V. Orth, 134 Nev. Adv. Op. 108 (Dec. 27, 2018) (En Banc),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Capanna, M.D. V. Orth, 134 Nev. Adv. Op. 108 (Dec. 27, 2018) (En Banc), Pengxiang Tian
Nevada Supreme Court Summaries
The Court determined that Orth’s counsel violated the golden rule arguments, but opposing party’s substantial rights were not violated. Moreover, the district court’s ruling regarding plaintiff expert’s potential biases did not impose severe limitations on Capanna’s ability to fully cross-examine plaintiff’s expert. Further, the district court did not abuse its discretion when it allowed Orth to supplement expert witness list and the award of attorney fees and costs was within the discretion of the district court. Lastly, Orth lacks standing in challenging the district court’s decision.
