Civil Law Commons^™

Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files

St. Mary's Journal on Legal Malpractice & Ethics

Following the 2017 exposure of Harvey Weinstein, the #MeToo movement spread rapidly across social media platforms calling for increased awareness of the prevalence of sexual harassment and assault and demanding change. The widespread use of the hashtag brought attention to the issue and successfully facilitated a much-needed discussion in today’s society. However, this is not the first incident prompting a demand for change.

Efforts to bring awareness and exact change in regards to sexual harassment in the legal profession date back to the 1990s. This demonstrates that the legal profession is not immune from these issues. In fact, at least …

Central America - A First Approach To Tort Liability In The Central American Civil Codes, Claudia María Castro Valle

Journal of Civil Law Studies

No abstract provided.

Complete V.11 No.1

Journal of Civil Law Studies

No abstract provided.

Early 20th Century Perceptions Of Civil Law-Common Law Difference: F.L. Joannini’S Spanish-English Civil Code Translations In Context, Seth S. Brostoff

Journal of Civil Law Studies

The proper method for translating Spanish and Portuguese civil law concepts into English was a topic of debate among civil law scholars and comparatists at the turn of the last century. This article examines the translation approaches of three Americans (Clifford Walton, F.L. Joannini, and Joseph Wheless) who independently translated the Spanish, Colombian, Argentine, and Brazilian Civil Codes during the period 1899-1920. Specifically, Walton’s (1899) Spanish Civil Code translation’s use of common law English is con-trasted with Joannini’s Colombian (1905) and Argentine (1917) Civil Codes translations’ preference for a “civilian” legal lexicon, including substantial borrowing from the special civil law …

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Canada’S Legal Traditions: Sources Of Unification, Diversification, Or Inspiration?, Rosalie Jukier

Journal of Civil Law Studies

Quebec, the only province within Canada to follow the civil law tradition, is an ideal microcosm for the study of unity and diversity within legal orders. The question of whether Quebec’s civilian legal tradition should be interpreted and applied so as to be in unity with the common law or, rather, adhere to its own distinct legal culture has pervaded doctrine and jurisprudence for over a century. Inter-estingly, the pendulum has swung widely. Quebec has seen moments when the philosophy of the Supreme Court of Canada was one of unification and harmonization of Quebec law with the common law tradition, …

The Impact Of Harmonized European Private Law And The Acquis Communautaire On Spanish Law, Luz M. Martínez Velencoso

Journal of Civil Law Studies

Globalisation has seen the development of a body of autono-mous legal rules of international trade that bridge the gap between the two main legal families (common law and civil law). These new rules focus on the function rather than on the dogmatic origin or legal tradition behind a particular norm or principle. In Europe, there are various texts that harmonize private law and which con-form to this model, such as the PECL, the DCFR or the CESL. Within the European Union, this process of informal and decentral-ized rulemaking has not yet resulted in the enactment of a European Civil Code …

Germany - 2017: An Eventful Year In German Family Law, Saskia Lettmaier

Journal of Civil Law Studies

No abstract provided.

Dan E. Stigall, The Santillana Codes: The Civil Codes Of Tunisia, Morocco, And Mauritania, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

The Organization Of American States’ Model Law On Simplified Corporations, Francisco Reyes Villamizar

Journal of Civil Law Studies

Colombian Law 1258 of 2008 introduced the Simplified Corpo-ration (Sociedad por Acciones Simplificada or SAS). This type of business entity included modern corporate law features such as sim-plified incorporation proceedings, full-fledged limited liability for its shareholders, and broad freedom of contract for the definition of housekeeping and governance rules. It also reduced old-fashioned prohibitions pertaining to shareholders and managers activities and reduced transaction costs. The SAS’s “opt-in” approach also has allowed for private parties to draft the most suitable agreements. The enabling provisions of Law 1258 have been the starting point for the preparation of at least three Model Law …

Charity Disparity: The Challenge Of Applying Religious Law On Zakāt In The United States, Ahmed E. Taha, Sohaib I. Khan

Northwestern Journal of Law & Social Policy

No abstract provided.

If An Interpreter Mistranslates In A Courtroom And There Is No Recording, Does Anyone Care?: The Case For Protecting Lep Defendants’ Constitutional Rights, Lisa Santaniello

Northwestern Journal of Law & Social Policy

No abstract provided.

42 U.S.C. § 1981’S Equal Benefit Clause: Debating The Application To Private Actor Discrimination, Lauren Pope

Northwestern Journal of Law & Social Policy

No abstract provided.

Long-Term Preservation Of Public Art: From Cultural Heritage To The Confederacy, Maliha Ikram

Northwestern Journal of Law & Social Policy

No abstract provided.

Law School News: Rwu Law Student Receives Skadden Fellowship To Pursue Public-Interest Law 11/26/2018, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

Mcgowen V. Second Jud. Dist. Ct., 134 Nev. Adv. Op. 89 (Nov. 21, 2018) (En Banc), Darcy Bower

Nevada Supreme Court Summaries

The Court determined that Nevada caselaw and NRCP 4(c) give conflicting opinions on whether an attorney or their employee can serve someone for their client. Moreover, the Court clarified that the purpose of the 2004 amendment to NRCP 4(c) was to mirror FRCP 4(c)(2) to interpret the exclusion of counsel as a “party.”

11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law

Marine Affairs Institute Conferences, Lectures, and Events

No abstract provided.

Study Group On Immigrant Representation: The First Decade, Robert A. Katzmann

Fordham Law Review

All of us here have a common goal: ensuring adequate legal representation of the immigrant poor. A courtroom has multiple players with different roles, but all would agree that adequate legal representation of the parties is essential to the fair and effective administration of justice. Deficient representation frustrates the work of courts and ill serves litigants. All too often, and throughout the country, courts that address immigration matters must contend with such a breakdown in legal representation, a crisis of massive proportions with severe, tragic costs to immigrants and their families. For our nation’s immigrants, the urgent need for competent …

A Dollar For Your Thoughts: Determining Whether Nominal Damages Prevent An Otherwise Moot Case From Being An Advisory Opinion, Maura B. Grealish

Fordham Law Review

This Note examines whether nominal damages should sustain an otherwise moot constitutional claim. A majority of circuit courts have held that a lone claim for nominal damages is sufficient. A minority of circuit courts have determined that nominal damages are insufficient because there is no practical effect in determining such a case. The courts in the minority analogize nominal damages to declaratory judgments and justify their rulings on the basis of judicial economy. This Note proposes that the minority rule is impermissible under current precedent from the U.S. Supreme Court. However, this Note also proposes that the majority rule be …

Universal Representation, Lindsay Nash

Fordham Law Review

In an era in which there is little good news for immigrant communities and even holding the line has become an ambitious goal, one progressive project has continued to gain steam: the movement to provide universal representation for noncitizens in removal proceedings. This effort, initially born out of a pilot project in New York City, has generated a host of replication projects throughout the nation and holds the promise of even broader expansion. But as it grows, this effort must confront challenges from within: the sort-of supporters who want to limit this representation system’s coverage in a number of ways, …