France: French Tort Law In The Light Of European Harmonization,
2013
Louisiana State University Law Center
France: French Tort Law In The Light Of European Harmonization, Olivier Moréteau
Journal of Civil Law Studies
No abstract provided.
Italy: Trust And The Italian Legal System: Why Menu Matters,
2013
Louisiana State University Law Center
Italy: Trust And The Italian Legal System: Why Menu Matters, Laura Franciosi
Journal of Civil Law Studies
No abstract provided.
Complete V.6 No.2,
2013
Louisiana State University Law Center
Reed V. St. Romain,
2013
Louisiana State University Law Center
Reed V. St. Romain, Alexandru-Daniel On
Journal of Civil Law Studies
No abstract provided.
Execution Of Fiduciary Guarantee Under Law No. 42 Of 1999 On Fiduciary Guarantee (A Socio-Juridical Analysis To Anticipate Its Effectiveness),
2013
Faculty of Law Universitas Indonesia
Execution Of Fiduciary Guarantee Under Law No. 42 Of 1999 On Fiduciary Guarantee (A Socio-Juridical Analysis To Anticipate Its Effectiveness), Arie S. Hutagalung
Indonesia Law Review
Fiduciary Guarantee (Fiduciary Law) which approved by the House of Representatives of the Republic of Indonesia (DPR RI) on September 9, 1999 has accommodate the public needs to help business activities and to provide legal certainty to the interested parties. With the increase in the development activities and the needs for funding, a majority of funds are needed to meet the lending and borrowing activities that require protection for the lender and the borrower through a guarantee institution that can provide legal certainty and protection to the lender or the borrower. Viewed from the current lending practices, there is a …
Inflation In Enrichment Claims: Reflections On The Brazilian Civil Code,
2013
Louisiana State University Law Center
Inflation In Enrichment Claims: Reflections On The Brazilian Civil Code, Aimite Jorge
Journal of Civil Law Studies
Inflation can be one of the risks assumed by the parties to a contract. Notwithstanding, contractual terms may provide for monetary corrections to offset that risk in cases of foreseeable inflation. The same may not hold true, however, for claims based on unjustified enrichment. They may find themselves in the position of innocents because the events that brought about the decline of purchasing power of the currency were unconnected to them. This paper analyses the approach recently favoured in the new Brazilian Civil Code on inflation in enrichment claims. Its focus is on article 884 (headed “enriquecimento sem justa causa”), …
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh,
2013
Asia Research Institute, National University of Singapore
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener
Indonesia Law Review
This study of the contemporary Islamic legal system in Aceh, Indonesia argues for new attention to be paid to the ways in which contemporary Muslim agendas for the implementation of Islamic law can be read as projects for future oriented social transformation—rather than as a series of reactive measures to perceived ‘crises of modernity’ and/or the political machinations of rival elites in contesting control of state power. In doing so it highlights the ways in which the ideals of, and institutional formations developed by, proponents of Islamic law are configured in relation to a broad range of non-Muslim modernist projects, …
No.27 - December 2013,
2013
Louisiana State University Law Center
No.27 - December 2013, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?,
2013
Seattle University School of Law
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim
Seattle University Law Review
Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …
A Mild Winter: The Status Of Environmental Preliminary Injunctions,
2013
Seattle University School of Law
A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath
Seattle University Law Review
Since the enactment of environmental legislation in the 1970s, the preliminary injunction standard articulated by the Supreme Court for environmental claims has evolved from general principles to enumerated factors. In Winter v. Natural Resource Defense Council, Inc., the Court’s most recent refinement, the Court endorsed but failed to explain the application of a common four-factor test when it held that the alleged injury to marine mammals was outweighed by the public interest of a well-trained and prepared Navy. While a number of commentators have speculated about Winter’s impact on future environmental preliminary injunctions, this article seeks to more precisely determine …
Character, Liberalism, And The Protean Culture Of Evidence Law,
2013
Seattle University School of Law
Character, Liberalism, And The Protean Culture Of Evidence Law, Daniel D. Blinka
Seattle University Law Review
It is time to rethink character evidence. Long notorious as the most frequently litigated evidence issue, character doctrine plagues courts, trial lawyers, and law students with its infamously “grotesque” array of nonsensical rules, whimsical distinctions, and arcane procedures. Character is a calculation of social worth and value; it is the sum total of what others think of us, whether expressed as their own opinion or the collective opinions of many (reputation). Once we grasp that character is a social construct, we are in a better position to address some of the problems that plague evidence law. To provide needed clarity …
Nonsuit In Virginia Civil Trials,
2013
Holland & Knight L.L.P,, McLean, Virginia
Nonsuit In Virginia Civil Trials, Richard G. Moore
University of Richmond Law Review
No abstract provided.
Civil Practice And Procedure,
2013
Hirschler Fleischer, P.C., Richmond, Virginia.
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. The article discusses opinions of theSupreme Court of Virginia from June 2012 through June 2013 addressing civil procedure topics, significant amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period, and legislation enacted by the Virginia General Assembly during its 2013 session that relates to civil practice.
Qualitative Legal Research: Issues Pertaining To Student Use Of Personal Handheld Technology,
2013
Liberty University
Qualitative Legal Research: Issues Pertaining To Student Use Of Personal Handheld Technology, Corie Franklin
Doctoral Dissertations and Projects
In an effort to support school leaders in policy development, this research is an evaluation of jurisprudence related to student use of personal handheld devices. The qualitative legal analyses of 15 recent court cases representing both federal and state jurisdictions were analyzed to determine patterns and trends within the decisions of the courts. The researcher sought to identify the following: The way the U.S. courts addressed the balance between students' civil liberties and the interest of school officials in maintaining and operating safe, orderly, efficient, and effective learning environments. The identifiable trends within the legal cases related to student use …
Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Constitutional Constraints On Retroactive Civil Legislation: The Hollow Promises Of The Federal Constitution And Unrealized Potential Of State Constitutions, Jeffrey Omar Usman
Nevada Law Journal
No abstract provided.
No.26 - September 2013,
2013
Louisiana State University Law Center
No.26 - September 2013, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
Filling The Gaps: The Value Of The Common Law Approach To Gross Negligence And Punitive Damages,
2013
Louisiana State University Law Center
Filling The Gaps: The Value Of The Common Law Approach To Gross Negligence And Punitive Damages, Justin Ward
Journal of Civil Law Studies
No abstract provided.
Cyprus As A Mixed Legal System,
2013
Louisiana State University Law Center
Cyprus As A Mixed Legal System, Nikitas E. Hatzimihail
Journal of Civil Law Studies
Cyprus presents us with its own kind of a mixed legal system: its private law is mostly common law, long codified in statutes. Its public law derives from the continental tradition. Procedural law is purely common law—a major factor in the mutation of the “continental” elements of the legal system. The state of play is affected by the split in the legal profession between continental- and English-educated lawyers (a split acquiring generational and subject-matter dimensions). The bulk of legislation and legal institutions have a distinctively colonial and/or post-colonial flavor. However, the country and the legal elites identify with, and are …
Delaney V. Mccoy,
2013
Louisiana State University Law Center
Complete V.6 No.1,
2013
Louisiana State University Law Center
