Civil Law Commons^™

Les Unions En France : L’Embarras Du Choix ?, Dominique Garreau

Journal of Civil Law Studies

French law regulates two types of unions, marriage and civil union (Civil Solidarity Pact or PACS), and tolerates free union, which is regarded as a de facto situation. Originally, marriage was the only option. Social evolution has led the French legislature to create the PACS (1999), but this did not fully satisfy homosexual couples who, in 2013, obtained full access to marriage. Why then keeping two institutions? While similarities exist as to the formation of both forms of union, marriage remains more formalistic because rooted in tradition. Effects are not similar: while both marriage and civil union oblige to community …

Il Matrimonio Per Tutti ? Le Droit Et La Société Italiens Face Aux Unions Entre Personnes De Même Sexe, Enrica Bracchi, Carolina Simoncini

Journal of Civil Law Studies

Unlike many other European Union countries, in Italy a legislation governing same-sex couples marriages still lacks. This legal vacuum is mainly due to the strong influence of the Catholic Church on Italian politics. A progressive gap between the demand of the civil society asking for equal treatment between heterosexual and homosexual couples, and the backwardness of the internal positions of the Italian Parliament appears. However, several isolated attempts have been and are still being made to fill that gap: various judgments of the Italian Court of Cassation affirmed the equal treatment of all "social formations", some municipalities have set up …

L’Évolution Historique Du Mariage En Espagne : De La Seconde République Au Franquisme, Ana Conde

Journal of Civil Law Studies

Until the late fifteenth century, the Iberian Peninsula was characterized by a diversity of matrimonial regimes. However, the Spanish society underwent profound changes after the Reconquista, particularly due to the introduction of religious unification processes and to the new political configuration of the Iberian Peninsula. The Council of Trent promoted the religious ceremony in order to fight illegal unions, so that between 1564 and 1870, only the canonical marriage was recognized in Spain.

Under the First Republic, the civil marriage was established and became mandatory, so as to become the only recognized form of marriage. Then, in 1875, with the …

Les Unions Entre Gens De Même Sexe Ou De Sexe Différent En Droit Chinois : Perspective Historique, Yuan Fang

Journal of Civil Law Studies

While putting emphasis on the legalization of unions between same-sex individuals, the present paper has to address heterosexual unions as they are the norm in China. The evolution of matrimonial law is explored following a chronological order, without omitting the longstanding existence of cohabitation in Chinese history, the evolution of the social status of women, as well as the legal issues related to the idea of marriage in its current definition. The situation of same-sex couples is then studied, with a focus on its social recognition throughout history, as well as on the present situation, and on the legal expectations …

An Analysis In Empathy: Why Compassion Need Not Be Exiled From The Province Of Judging Same-Gender Marriage Cases, Kacie Gray

Journal of Civil Law Studies

No abstract provided.

Haruff V. King, Leona Scoular

Journal of Civil Law Studies

No abstract provided.

Chile : Recent Evolution Of The Civil Law In Chile: The Rise Of Doctrine, Carlos Felipe Amunátegui Perelló

Journal of Civil Law Studies

No abstract provided.

Poland : Developments In Personal Injury Law In Poland: Shaping The Compensatory Function Of Tort Law, Ewa Bagińska

Journal of Civil Law Studies

No abstract provided.

An Introduction To Comparative Law Theory And Method, Jacques Vanderlinden

Journal of Civil Law Studies

No abstract provided.

The Scope And Structure Of Civil Codes, Jimena Andino Dorato

Journal of Civil Law Studies

No abstract provided.

Complete V.8 No.1

Journal of Civil Law Studies

No abstract provided.

Louisiana Civil Code - Code Civil De Louisiane Book Iii, Title 6, Center Of Civil Law Studies

Journal of Civil Law Studies

No abstract provided.

A Legal Guide For University Admissions Offices: How To Stay Out Of Court, Marrissa Bryant, Christian Montgomery, Hillary Smith

Parameters of Law in Student Affairs and Higher Education (CNS 670)

No abstract provided.

The Admissibility Of Hearsay Evidence In New York State Sex Offender Civil Commitment Hearings After State V. Floyd Y.: Finding A Balance Between Promoting The General Welfare Of Sexual Assault Victims And Providing Due Process Of Law, Brittany K. Dryer

Fordham Law Review

    In twenty states throughout the country, the government may petition for the civil commitment of detained sex offenders after they are released from prison. Although processes differ among the states, the government must generally show at a court proceeding that a detained sex offender both suffers from a mental abnormality and is dangerous and that this combination makes a detained sex offender likely to reoffend. At such court proceedings, both the government and the respondent will present evidence to either the court or the jury on these issues. As in most court proceedings, hearsay evidence is inadmissible at sex offender …

An Empirical Look At Compensation In Consumer Class Actions, Brian T. Fitzpatrick, Robert C. Gilbert

Vanderbilt Law School Faculty Publications

Consumer class actions are under broad attack for providing little in compensation to class members. One response to this charge is the argument that one of us has made elsewhere: consumer class actions should not be measured by their compensatory value, but by their deterrence value. But here we take up this critique of consumer class actions on its own terms: can they serve a meaningful compensatory role? Scholars have taken up this question before, but they have been stymied by the lack of available data. In this Article, we present original data on the distribution of class action settlements …

Newsroom: Yelnosky On Franchisor Liability, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Fairness, Trust And Security In Online Dispute Resolution, Noam Ebner, John Zeleznikow

Journal of Public Law and Policy

No abstract provided.

From The Stocks, To Handcuffs, To Hollywood: An Analysis Of Public Humiliation In Judge Judy’S Syndi-Court, Martin Mckown

Journal of Public Law and Policy

No abstract provided.

April Miller Et Al. Vs. Kim Davis (Date Filled September 2, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, ET AL., Plaintiffs, v. KIM DAVIS, ET AL., Defendants

DISTRICT JUDGE DAVID L. BUNNING KIM DAVIS, Third-Party Plaintiff, v. STEVEN L. BESHEAR, in his official capacity as Governor of Kentucky, and WAYNE ONKST, in his official capacity as State Librarian and Commissioner, Kentucky Department for Libraries and Archives, Third-Party Defendants.

April Miller Et Al. Vs. Kim Davis (Date Filled September 1, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, et al., Plaintiffs, v. KIM DAVIS, et al., Defendants.

PLAINTIFFS’ MOTION TO HOLD DEFENDANT KIM DAVIS IN CONTEMPT OF COURT