Civil Law Commons^™

Active Model Of The Notary: A New Type Of Notarial Acts, G. Axmedova

Review of law sciences

The article considers the issues concerning the introduced new type of notarial act, related to the decision of certification of the meeting of juridical bodies.

Property Rights Of Children Deprived Of Parental Care, D. Babadjanova

Review of law sciences

The article analyzes the right of ownership, property rights, also presented the opinions of scientists of civilizations and the normative legal acts with regard to juvenile left without parental care. The author suggests the dividing into groups the right of ownership of juvenile left without parental care.

Electron Documents As Evidence Source Of Civil Procedural And Economic Procedural Law, O Pirmatov

Review of law sciences

This article studies the distinguishing pecularities of electronic documents from simple written evidences, the problems of evaluating electronic documents in pursuiting the civil and economic cases. The improvement of electronic documents is considered in the acting legislative acts.

Property Rights Of Children Deprived Of Parental Care, D. Babadjanova

Review of law sciences

The article analyzes the right of ownership, property rights, also presented the opinions of scientists of civilizations and the normative legal acts with regard to juvenile left without parental care. The author suggests the dividing into groups the right of ownership of juvenile left without parental care.

Active Model Of The Notary: A New Type Of Notarial Acts, G. Axmedova

Review of law sciences

The article considers the issues concerning the introduced new type of notarial act, related to the decision of certification of the meeting of juridical bodies.

Electron Documents As Evidence Source Of Civil Procedural And Economic Procedural Law, O Pirmatov

Review of law sciences

This article studies the distinguishing pecularities of electronic documents from simple written evidences, the problems of evaluating electronic documents in pursuiting the civil and economic cases. The improvement of electronic documents is considered in the acting legislative acts.

Baiguen V. Harrah’S Las Vegas, Llc, 134 Nev., Adv. Op. 71 (Sept. 13, 2018) (En Banc), Scott Whitworth

Nevada Supreme Court Summaries

The Court determined that (1) an employee’s injuries that originate before entering the workplace but are aggravated due to an employer’s failure to provide timely medical assistance arise out of and in the course of employment; and (2) that employees’ recovery against their employers for such injuries are confined to the exclusive remedies for workers’ compensation under the Nevada Industrial Insurance Act (NIIA).

The (Dunkin') Donut Hole: Fixing The Llc Loophole In State Campaign Finance Laws—A New Hampshire Exemplar, Brendan O'Neill

Seattle University Law Review

The campaign finance laws of New Hampshire (and other states) permit direct contributions to gubernatorial candidates from individuals or corporations of up to $7,000 per campaign cycle. However, no state campaign finance statutes discuss, define, or even mention LLCs. Each LLC is its own individual donor for the purpose of direct campaign contributions, regardless of who controls it. Thus, a wealthy individual can max out the $7,000 direct contribution to his or her preferred candidate through every LLC under his or her control, limited only by imagination and the ability to set up as many LLCs as legally feasible. A …

"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman

Seattle University Law Review

The Constitution gives Congress the power “[t]o promote the Progress of Science and useful Arts,” resulting in our modern regime of patent, trademark, and copyright law. Over time, however, this artistic tradition of copying has collided with more modern concepts of intellectual property rights, especially copyright protections. The advent of the internet as well as state-of-the-art recording and mixing software has vastly increased opportunities to copy, remix, sample, parody, and otherwise alter the work of other artists, particularly musicians. More than twenty years after Campbell v. Acuff-Rose Music, transformative fair use has become the predominant test courts have used to …

A Prescription For Biopharmaceutical Patents: A Cure For Inter Partes Review Ailments, Alex A. Jurisch

Seattle University Law Review

The patent system in the United States was forever changed with the introduction of the Leahy-Smith America Invents Act (AIA) in September of 2011. The AIA brought sweeping changes to American patent law in order to align the U.S. with much of the rest of the world by changing the invention priority from a “first to invent” to a “first to file” system. The first section of this note will provide a brief overview of the substance of inter partes reviews and some of the most critical negatives that have become apparent since 2013. The second section of this Note …

Guidelines And Best Practices For Large And Mass-Tort Mdls (Second Edition), Bolch Judicial Institute

Bolch Judicial Institute Publications

Mass-tort MDLs dominate the federal civil docket, yet they present enormous challenges to transferee judges assigned to manage them. There is little official guidance and no rules specific to the management of mass-tort MDLs, often requiring the transferee judge to develop procedures out of whole cloth.

Beginning in 2013, the Bolch Judicial Institute (then the Center for Judicial Studies) sought to address this issue through a series of annual bench-bar conferences. From these conferences came the Guidelines and Best Practices for Large and Mass-Tort MDLs document — now in its Second Edition — which is designed to help judges and …

Guidelines And Best Practices For Implementing The 2015 Discovery Amendments Concerning Proportionality (Second Edition), Bolch Judicial Institute

Bolch Judicial Institute Publications

In November 2014, the Duke Law Judicial Studies Center, which became the Bolch Judicial Institute in 2018, held a conference on the discovery proportionality amendments with more than 70 practitioners and 15 federal judges. Drafting teams were subsequently formed, consisting of 32 practitioners, who worked for nine months on an initial draft set of GUIDELINES AND PRACTICES prepared by Judge Lee Rosenthal and Prof. Steven Gensler. The team’s work product, the GUIDELINES AND PRACTICES FOR IMPLEMENTING THE 2015 DISCOVERY AMENDMENTS TO ACHIEVE PROPORTIONALITY, was published in 99 Judicature, no. 3, Winter 2015, along with several related articles.

Most of …

A Fox In The Henhouse: Applying California's Delayed Discovery Rule In Federal Court, Samuel Donohue

Loyola of Los Angeles Law Review

No abstract provided.

No.44 - September 2018, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

One Rule To Compensate Them All, Noam Sher

West Virginia Law Review

The article claims that there is a unique compensation criterion that should be applied in all civil wrongs, inter alia, in tort, intellectual property and property law. Where an individual wrongfully infringes the right of another, the taker should be obliged to repay the victim her damages plus half the additional attributed net profits derived from the taking. This article names this criterion the Golden Rule. The suggested criterion contains three main components. First, for example, a firm increased manufacturing with profits of $1,000, acted wrongfully, and, as a result, someone suffered damages of $600-the taker should pay the victim …

The Plot To Overthrow Genocide: State Laws Mandating Education About The Foulest Crime Of All

Marquette Law Review

This Article shines a light on a little noticed phenomenon in American law: the promulgation of ten state statutes and one state regulation, each requiring education about genocide in elementary and/or secondary schools. The mandates, adopted from 1989 through 2018, appear to be only the beginning inasmuch as in 2017 another nineteen states publicly pledged to pass such mandates as well.

The Article describes each of the existing mandates and compares them to each other, including an analysis of the laws’ respective strong and weak points. This exposition, of interest in itself, also sets the stage for proposals to improve …

... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution

Marquette Law Review

None.

The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

The Legal Foundations Of White Supremacy, Erika Wilson

DePaul Journal for Social Justice

No abstract provided.

Rwu First Amendment Blog: David A. Logan's Blog: Infowars Goes To War With The First Amendment 08-15-2018, David A. Logan

Law School Blogs

No abstract provided.