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. …
Indiana Civil Legal Needs Study And Legal Aid System Scan,
2019
Indana University Maurer School of Law
Indiana Civil Legal Needs Study And Legal Aid System Scan, Victor D. Quintanilla, Rachel Thelin
Books & Book Chapters by Maurer Faculty
In 2017, the Indiana Coalition for Court Access entered into a partnership with Indiana University to conduct a statewide legal needs study. The IU Center for Law, Society & Culture and the IU Public Policy Institute submit this final report to the CCA. We designed this comprehensive study of legal needs to provide a relevant, reliable source of information with which the CCA, policymakers, and legal aid providers can make strategic decisions about where, when, and how to allocate resources for the effective, efficient delivery of civil legal services. We also designed this project to generate data and information that …
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 …
Defining Law,
2019
Touro Law Center
Defining Law, Tal Kastner
Scholarly Works
Commenting on Chaim Saiman’s book, Halakhah: The Rabbinic Idea of Law, this essay views the difficulty of defining halakha as indicative of the universal challenge of defining the bounds of what constitutes “law.” Considering the dynamic of contingent norms, social context, history, and narrative that shapes the meaning of law, it focuses on a series of decisions by a federal district court judge in connection with the case of Bayless v. United States (1996) involving the sufficiency of reasonable suspicion to justify a police stop. Tracing the slippage in this case between holding and dicta, among other sources of authority …
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 …
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.
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 …
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.
Cover, Masthead & Contents,
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,
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 …
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.
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.
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.
Complete V.11 No.2,
2018
Louisiana State University Law Center
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 …
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 …
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.
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.
Procedural Compulsory Measures In Civil Cases,
2018
Tashkent state university of law, Tashkent, 100047, Uzbekistan
Procedural Compulsory Measures In Civil Cases, Z. Esanova
Review of law sciences
this article studeis procedural coercion in civil proceedings: the basics, procedures, innovations and their types.
