Civil Law Commons^™

Does The Presumption Of Validity Matter? An Experimental Assessment, Jeremy W. Brock

University of Richmond Law Review

No abstract provided.

Disparate Impact And Pregnancy: Title Vii's Other Accommodation Requirement, Camille Hébert

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Le Code Civil De Louisiane En Francais: Traduction Et Retraduction, Olivier Moreteau

Journal Articles

No abstract provided.

Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson

Brooklyn Journal of International Law

The following article examines the interactions between the right of peoples to unilateral non-colonial (“UNC”) secession and the criteria for statehood in international law. In this respect a three-point thesis is developed. First, it is argued that the law of self-determination has resulted in a less strict application of the criteria for statehood based on effectiveness, particularly the effective government criterion. This means that a state created by UNC secession pursuant to the law of self-determination will not have its statehood called into question if lacks an effective government. Second, it is argued that the declaratory approach to recognition is …

Ordre Public And The First Amendment, Marshall J. Breger

Scholarly Articles

Ordre Public is a civil law concept according to which courts refuse to enforce the judgments of the courts of foreign countries because the judgments violate the enforcing state's core notions of public morals and public order. The concept is most often used in private international law. In some sense, it is a misnomer to talk about ordre public in American law as the terms is little used by American commentators or in American cases. Rather, the term that captures ordre public in the American context is "the public policy exception." While there may be subtle differences, for the most …

Sans Foi, Ni Loi. Appearances Of Conjugality And Lawless Love, Régine Tremblay

All Faculty Publications

This chapter deals with paradigm shifts in the legal regulation of adult intimate relationships. It includes the shifts from a unique conjugality to the multiplication of conjugalities, from marriage until death do us part to multiple subsequent unions, and from mimicking marriage by necessity to mimicking marriage by choice. Such changes open the floor for questions about the relevance of regulating adult intimate relationships today, or at the very least, about the compulsion to conceive of this kind of relationship as the cornerstone of Canadian family law. As such, it questions shifts in latent elements of the regulation of conjugality …

Uncivil Obedience, Jessica Bulman-Pozen, David E. Pozen

Faculty Scholarship

Scholars and activists have long been interested in conscientious law-breaking as a means of dissent. The civil disobedient violates the law in a bid to highlight its illegitimacy and motivate reform. A less heralded form of social action, however, involves nearly the opposite approach. As a wide range of examples attest, dissenters may also seek to disrupt legal regimes through hyperbolic, literalistic, or otherwise unanticipated adherence to their formal rules.

This Article asks how to make sense of these more paradoxical protests, involving not explicit law-breaking but rather extreme law following. We seek to identify, elucidate, and call attention to …

Expanding The Civil Rights Dialogue In An Increasingly Diverse America: A Review Of Frank Wu’S Yellow: Race In America Beyond Black And White, Harvey Gee

Touro Law Review

No abstract provided.

First Amendment Decisions - 2002 Term, Joel Gora

Touro Law Review

No abstract provided.

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.

Discrimination Cases Of The 2002 Term, Eileen Kaufman

Touro Law Review

No abstract provided.

Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum

Touro Law Review

No abstract provided.

Guidelines And Best Practices For Large And Mass Tort Mdls (First Edition), Duke Law School Center For Judicial Studies

Bolch Judicial Institute Publications

Mass-tort MDLs dominate the federal civil docket, yet they present enormous challenges to transferee judges assigned to manage them. There is little official guidance and no rules specific to the management of mass-tort MDLs, often requiring the transferee judge to develop procedures out of whole cloth.

Beginning in 2013, the Bolch Judicial Institute (then the Center for Judicial Studies) sought to address this issue through a series of annual bench-bar conferences. From these conferences came the Guidelines and Best Practices for Large and Mass-Tort MDLs document, which is designed to help judges and legal practitioners understand and efficiently navigate complex …

The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues

Georgia Journal of International & Comparative Law

No abstract provided.

Newsroom: Yelnosky On State Pension Dispute, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

No.31 - December 2014, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Property Rights In Eastern Germany: An Overview Of The Amended Property Law, A. Bradley Shingleton, Volker Ahrens, Peter Ries

Georgia Journal of International & Comparative Law

No abstract provided.

Civil Practice And Procedure, Andrew P. Sherrod, Jaime B. Wisegarver

University of Richmond Law Review

This article surveys recent significant developments in Virginia civil practice and procedure. Part I of this article discusses opinions of the Supreme Court of Virginia from June 2013 through June 2014 addressing noteworthy civil procedure topics. Part II addresses amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period. PartIII discusses legislation enacted by the Virginia General Assembly during its 2014 session that relates to civil practice.

The Recognition And Enforcement Of Punitive Damage Awards In Germany: Recent Developments, Andre R. Fiebig

Georgia Journal of International & Comparative Law

No abstract provided.

Mixed Jurisdiction And The Scottish Legal Tradition: Reconsidering The Concept Of Mixture, Stephen Thomson

Journal of Civil Law Studies

Scotland is typically regarded as a mixed jurisdiction based on an assessment of its combination of civilian and common law traditions. If this narrow definition of “mixture” is opened up, one will find several other traditions which are constituent parts of the Scottish legal tradition. Those range from the seemingly remote Celtic and udal law, through feudal and canon law, to the law of the European Union and the European Convention on Human Rights. An holistic approach to the question of mixture requires that each of these traditions is accounted for, especially because of the difficulties in assessing the legacy …