Civil Law Commons^™

Civil Law Pulsations Along The Latin American Periphery, Ángel R. Oquendo

University of Miami Inter-American Law Review

The civil law system shows its true face as it travels from the Continental European core to the Latin American periphery. Many of the principal institutions have found a home and thrived in the new and radically different environment. One can best study them there by contemplating how they have preserved some of their most basic features despite having transformed themselves into something else.

The notion of the civil law tradition and that of codification have themselves undergone this dialectic of transformation and preservation. So have the traditional approach to contractual interpretation and to third-party agreements and the common proscriptions …

Court Transparency And The First Amendment, David S. Ardia

Cardozo Law Review

"Publicity is the very soul of justice," legal philosopher Jeremy Bentham once warned.1 Regrettably, lady justice is at risk of losing her soul. In courts across the country, secrecy is increasingly the norm. Indeed, the extent of secrecy in American courts is astonishing, especially given the assumption by many that the First Amendment guarantees a right of public access to the courts. In reality, the United States Supreme Court has explicitly held only that there is a First Amendment right of public access to criminal trials and pre-trial proceedings. The Court has never addressed the question of whether there is …

2017 Mlk Keynote Emory Douglas Program, Center For Social Equity & Inclusion, Emory Douglas

Martin Luther King, Jr. Series

Program for the 2017 MLK Keynote Address: Emory Douglas. An artist, educator and human rights activist, Emory Douglas served as the Minister of Culture for the Black Panther Party from 1967-80. Best known for his political drawings and cartoons in the Black Panther Newspaper, he articulated the injustices experienced by African Americans living in the inner city, the growing militancy and organization among urban black youth in the face of police violence and the need for community-based social programs. 2017 MLK Keynote, Emory Douglas discusses the process, meaning and impact of his artwork then and now.

2017 Mlk Keynote Emory Douglas Educational Foldout, Center For Social Equity & Inclusion, Emory Douglas

Martin Luther King, Jr. Series

Educational foldout for the 2017 MLK Keynote Address: Emory Douglas. An artist, educator and human rights activist, Emory Douglas served as the Minister of Culture for the Black Panther Party from 1967-80. Best known for his political drawings and cartoons in the Black Panther Newspaper, he articulated the injustices experienced by African Americans living in the inner city, the growing militancy and organization among urban black youth in the face of police violence and the need for community-based social programs. 2017 MLK Keynote, Emory Douglas discusses the process, meaning and impact of his artwork then and now.

2017 Mlk Keynote Emory Douglas Educational Foldout, Center For Social Equity & Inclusion, Emory Douglas

Martin Luther King, Jr. Series

Educational foldout for the 2017 MLK Keynote Address: Emory Douglas. An artist, educator and human rights activist, Emory Douglas served as the Minister of Culture for the Black Panther Party from 1967-80. Best known for his political drawings and cartoons in the Black Panther Newspaper, he articulated the injustices experienced by African Americans living in the inner city, the growing militancy and organization among urban black youth in the face of police violence and the need for community-based social programs. 2017 MLK Keynote, Emory Douglas discusses the process, meaning and impact of his artwork then and now.

2017 Mlk Keynote Emory Douglas Program, Center For Social Equity & Inclusion, Emory Douglas

Martin Luther King, Jr. Series

Program for the 2017 MLK Keynote Address: Emory Douglas. An artist, educator and human rights activist, Emory Douglas served as the Minister of Culture for the Black Panther Party from 1967-80. Best known for his political drawings and cartoons in the Black Panther Newspaper, he articulated the injustices experienced by African Americans living in the inner city, the growing militancy and organization among urban black youth in the face of police violence and the need for community-based social programs. 2017 MLK Keynote, Emory Douglas discusses the process, meaning and impact of his artwork then and now.

Changing Soviet Attitudes Toward International Law: An Incorporative Approach, R. Judson Mitchell, Alan T. Leonhard

Georgia Journal of International & Comparative Law

No abstract provided.

Trending @ Rwu Law: David Logan's Post: Reliving The Civil Rights Movement With Rep. John Lewis 1-17-2017, David Logan

Law School Blogs

No abstract provided.

Newsroom: Logan On Trump And Libel Law 01-03-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Rwu First Amendment Blog: David Logan's Blog: Moguls And The Media 1-2-2017, David A. Logan, Roger Williams University

Law School Blogs

No abstract provided.

Who’S Wrong, Whose Liability, Singapore Management University

Research@SMU: Connecting the Dots

Determining who is legally answerable for a wrong in the civil context can be complicated, but research being done by Professor Lee Pey Woan is helping to clear the air.

See the papers:

• Accessory liability in tort and equity
• The enigma of veil-piercing
• The company and its directors as co-conspirators

Clarifying Uncertainty: Why We Need A Small Claims Copyright Court, John Zuercher

Marquette Intellectual Property Law Review

This article is concerned with the question of whether copyright law in the United States is currently equipped to achieve its original goal, set within the U.S. Constitution, to promote innovation and progress. This article suggests that copyright law is not equipped to achieve this goal because a paradox inherent in copyright law is hindering copyright litigation and causing uncertainty. The paradox is found in 17 U.S.C. § 106, which protects transformative works that are derivative, and 17 U.S.C. § 107, which protects transformative works as fair use. Ideally, the federal courts would solve this dilemma by interpreting the appropriate …

The Perfect Match: Civil Law Judges And Open-Ended Fair Use Provisions, Martin Senftleben

American University International Law Review

No abstract provided.

Lost & Found: Order In The Court -- The Party Game, Owen Gottlieb, Ian Schreiber

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens in our pluralist democracy.

The second game in the series, Lost & Found: Order in the Court …

Lost & Found, Owen Gottlieb, Ian Schreiber, Kelly Murdoch-Kitt

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens in our pluralist democracy.

The first game in the series is a strategy game called Lost & …

To Catch A Catfish: A Statutory Solution For Victims Of Online Impersonation, Colleen M. Koch

University of Colorado Law Review

Though popular MTV reality show Catfish makes online impersonation seem like a lighthearted and incredible harm, it is actually an undesirable cyber behavior that carries potentially serious consequences. Despite the seriousness of the problem, social networking sites have few incentives to stop the problem, largely due to the broad immunity they are granted by Section 230 of the Communications Decency Act, which holds them entirely immune for the content posted by users of their sites. Moreover, few state statutes currently exist to address the problem, and those that do are largely ineffective. While civil liability could be a solution to …

Failure To Protect: Our Civil System's Chronic Punishment Of Victims Of Domestic Violence, Kate Ballou

Notre Dame Journal of Law, Ethics & Public Policy

This Note examines the effectiveness and enforceability of civil restraining orders in domestic violence cases in the wake of Town of Castle Rock v. Gonzalez, which held that there is no constitutional right to the enforcement of a restraining order. This Note analyzes the impact of Gonzales and the effectiveness of various restraining order statutory schemes more broadly. This Note subsequently addresses that as a result of experiencing continued contact from their attackers, victim mothers are more likely to have their children removed by the state in child welfare proceedings, due to the established presumption in most family courts that …

Disgorgement Of Defendant's Gains From "Opportunistic" Breach Of Contract: Its Fit In Rhode Island, Kelsey A. Hayward

Roger Williams University Law Review

No abstract provided.

Highway To The Danger Drone: Reconciling First Amendment Rights Of Drone Owners And Privacy Rights Of Individuals In Creating A Comprehensive Statutory Scheme In Rhode Island, David M. Remillard

Roger Williams University Law Review

No abstract provided.

Mythbusting: Why The Critics Of Litigation Finance Are Wrong, Roni Elias

Florida A & M University Law Review

Critics of ALF contend that such financing methods create various problems: they violate well-established principles of common law about the relationship between litigants and third-parties; they are tantamount to usurious loans; and they threaten the integrity of the judicial system by making it easier for litigants with few resources to bring frivolous lawsuits.

This article discusses both sides of this debate and concludes that the most prevalent criticisms of ALF are based upon misconceptions and myths about the nature of ALF transactions and of the interests of the parties involved in those transactions. When ALF is carefully considered, it is …