Civil Law Commons^™

The Future Of Oral Arguments, Jay Tidmarsh

Journal Articles

The civil-justice literature is replete with discussions of two phenomena: case management and the vanishing trial. These two phenomena are not unrelated. One commonly state goal of case management is to find ways, other than trial, to resolve civil disputes that find their way into court. Some observers find the movements toward case management and away from trial to be salutary; others find them disquieting. Regardless of the merits of this debate, the delivery of civil justice is undeniably evolving.

This evolution affects and changes many of the traditional attributes of American-style civil justice. The Essay examines one of these …

Justice And Accountability: Activist Judging In The Light Of Democratic Constitutionalism And Democratic Experimentalism, William H. Simon

Faculty Scholarship

This essay examines the charge that activist judging is inconsistent with democracy in the light of two recent perspectives in legal scholarship. The perspectives – Democratic Constitutionalism and Democratic Experimentalism – suggest in convergent and complementary ways that the charge ignores or oversimplifies relevant features of both judging and democracy. In particular, the charge exaggerates the pre-emptive effect of activist judging, and it implausibly conflates democracy with electoral processes. In addition, it understands consensus as a basis for judicial legitimacy solely in terms of pre-existing agreement and ignores the contingent legitimacy that can arise from the potential for subsequent agreement.

Harmonizing European Tort Law And The Comparative Method A Review Of Basic Questions Of Tort Law From A Comparative Perspective (Helmut Koziol Ed., Sramek 2015), Michael Wells

Scholarly Works

This is a book review of Basic Questions of Tort Law from a Comparative Perspective, edited by Professor Helmut Koziol. This book is the second of two volumes on “basic questions of tort law.” In the first volume, Professor Helmut Koziol examined German, Austrian, and Swiss tort law. In this volume Professor Koziol has assembled essays by distinguished scholars from several European legal systems as well as the United States and Japan, each of whom follows the structure of Koziol’s earlier book and explains how those basic questions are handled in their own systems.

This review focuses on Professor Koziol’s …

Complete V.8 No.2

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Invitation Au Voyage, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

One Into Three: Spreading The Word, Three Into One: Creating A Civil Law System, Esin Örücü

Journal of Civil Law Studies

No abstract provided.

Transatlantic Intercultural Legal Communication In The 19th Century: K.J.A. Mittermaier And The Schmidt Brothers, Carl And Gustavus, Kjell A. Modéer

Journal of Civil Law Studies

No abstract provided.

“Against Interpretation”? On Global (Non-)Law, The Breaking-Up Of Homo Juridicus, And The Disappearance Of The Jurist, Luca Siliquini-Cinelli

Journal of Civil Law Studies

This paper investigates the nullification of homo juridicus and the vanishing of the jurist in relation to the liberal global-order project and the emergence and spread of soft-networked channels of post-national governance. By inquiring into the shift from the individual’s active will to the sterile behavioural schemes prompted by the universalisation of liberalism and economic analysis of social interactions, it will be argued that the jurist and the (rule of) law are no longer needed in a post-national system of rational and mechanic causations. Through an analysis of Susan Sontag’s and Josef Esser’s accounts for and against the interpretative task, …

Louisiana Civil Code - Code Civil De Louisiane : Book Ii – Livre Ii, Center Of Civil Law Studies

Journal of Civil Law Studies

No abstract provided.

Secundum Civilis: The Constitution As An Enlightenment Code, Derek Warden

Journal of Civil Law Studies

The American Constitution has been the subject of heated debate since its formation. This article simply introduces a new argument. It suggests that there exists a “form”1 of an Enlightenment era code, which is met by the Constitution, and that the requirements of this form can be derived from inspection of the three great codes of the time: the Prussian, the Austrian, and the French. It further notes that these requirements are (1) Roman law influence; (2) natural law influence; and (3) that they perform the same functions—they abrogate the prior laws on their respective subjects and they are “complete” …

South Africa - Trusts And The Patrimonial Consequences Of Divorce: Recent Developments In South Africa, François Du Toit

Journal of Civil Law Studies

No abstract provided.

Louisiana Property Law—The Civil Code, Cases And Commentary, Yaëll Emerich

Journal of Civil Law Studies

No abstract provided.

Dictionary Of The Civil Code, Jean-Claude Gémar

Journal of Civil Law Studies

No abstract provided.

Scott V. First Jud. Dist. Ct., 131 Nev. Adv. Op. 101 (Dec. 31, 2015), Adrian Viesca

Nevada Supreme Court Summaries

The Court determined that Carson City Municipal Code (“CCMC”) 8.04.050(1) is (1) unconstitutionally overbroad because it “is not narrowly tailored to prohibit only disorderly conduct or fighting words” and (2) vague because it lacked sufficient guidelines and gave the police too much discretion in its enforcement.

Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law

Life of the Law School (1993- )

Also available @ http://law.rwu.edu/story/logan-2015s-record-settlements

Newsroom: Logan On Volkswagen Emissions, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

State, Emp’T. Sec. Div. V. Murphy, 132 Nev. Adv. Op. 18 (Dec. 17, 2015), Michael Coggeshall

Nevada Supreme Court Summaries

The Court determined that employees who are terminated from employment for absence due to incarceration, and are later convicted of a crime, are not eligible for unemployment benefits. These employees are contrasted with those who are incarcerated, but remained incarcerated due to indigence, or were not convicted due to unsupported charges. The latter group may be eligible for unemployment benefits.

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Family Law In The Republic Of Ireland, William Binchy

Georgia Journal of International & Comparative Law

No abstract provided.