Peña V. Simeon,
2013
Louisiana State University Law Center
Short V. Short,
2013
Louisiana State University Law Center
Short V. Short, Taheera S. Randolph
Journal of Civil Law Studies
No abstract provided.
Semantics And Legal Interpretation: A Comparative Study Of The Value Of Embryonic Life Under Argentine And U.S. Constitutional Law,
2013
Louisiana State University Law Center
Semantics And Legal Interpretation: A Comparative Study Of The Value Of Embryonic Life Under Argentine And U.S. Constitutional Law, María Del Pilar Zambrano, Estela B. Sacristán
Journal of Civil Law Studies
No abstract provided.
Transfer Of Immovable And Systems Of Publicity In The Western World: An Economical Approach,
2013
Louisiana State University Law Center
Transfer Of Immovable And Systems Of Publicity In The Western World: An Economical Approach, Luz M. Martínez Velencoso
Journal of Civil Law Studies
This paper aims to analyse the norms pertaining to the transfer and publicity of property rights from an economic perspective. It is a characteristic of this analysis that it puts the rules that regulate these rights in relation with their associated negotiation costs. This offers a new approach to the examination of the definition, content, and transfer of these rights. Legal norms that minimize the problem of conflicts of ownership increase the value of property in the hands of its owners. One of the instruments oriented to reduce uncertainties of this type is the Land Register, which promotes the exchange …
Anything But Common: The Role Of Louisiana’S Civilian Tradition In The Development Of Federal Civil Rights Jurisprudence Under The Fourteenth Amendment,
2013
Louisiana State University Law Center
Anything But Common: The Role Of Louisiana’S Civilian Tradition In The Development Of Federal Civil Rights Jurisprudence Under The Fourteenth Amendment, Jared Bianchi
Journal of Civil Law Studies
The famed Slaughterhouse Cases were the first cases to interpret the Fourteenth Amendment. Those cases arose from a Louisiana controversy. This essay suggests that Fourteenth Amendment jurisprudence, including Substantive Due Process, is rooted in the civilian private law tradition as received in Louisiana and as argued by the butchers in the Slaughterhouse Cases. The essay explores the civil law roots of the Privileges and Immunities Clause, beginning with the Twelve Tables and the Code of Justinian. The essay explores how those early codes were appreciated by subsequent Louisiana jurists, and how the civil law approach became an integral part …
Horton V. Browne,
2013
Louisiana State University Law Center
Closing The Door On The Public Policy Exception To At-
Will Employment: How The Washington State Supreme
Court Erroneously Foreclosed Wrongful Discharge
Claims For Whistleblowers In Cudney V. Alsco, Inc.,
2013
Seattle University School of Law
Closing The Door On The Public Policy Exception To At- Will Employment: How The Washington State Supreme Court Erroneously Foreclosed Wrongful Discharge Claims For Whistleblowers In Cudney V. Alsco, Inc., Laura A. Turczanski
Seattle University Law Review
In 2008, Matthew Cudney was terminated from his employment with ALSCO, Inc. a few weeks after reporting to his supervisor and human resources manager that he observed the branch general manager appearing intoxicated at work and driving away in a company vehicle. Cudney brought an action for wrongful discharge in violation of public policy, claiming that he was terminated in retaliation for reporting the manager’s drinking and driving. In a 5–4 decision, the Washington Supreme Court held that Cudney’s tort claim of wrongful discharge in violation of public policy could not proceed. This Note contends that the Cudney court erred …
Costing A Pretty Penny: Online Penny Auctions Revive
The Pestilence Of Unregulated Lotteries,
2013
Seattle University School of Law
Costing A Pretty Penny: Online Penny Auctions Revive The Pestilence Of Unregulated Lotteries, David R. Konkel
Seattle University Law Review
Penny auctions, an online phenomenon imported from Europe, operate by the hundreds in the United States without meaningful oversight from consumer protection agencies. In a penny auction, consumers compete for items one penny at a time. To date, no significant inquiry, either academic or practical, into the legitimacy of the penny auction has occurred. Although marketed as auctions, online penny auctions may actually qualify as lotteries. Unlike the multifarious and confusing definitions of gambling, the long-accepted definition of a lottery consists of three elements: prize, consideration, and chance. If a penny auction satisfies this definition then, under well-established case law …
Statutes Of Ill Repose And Threshold Canons Of
Construction: A Unified Approach To Ambiguity
After San Carlos Apache Tribe V. United States,
2013
Seattle University School of Law
Statutes Of Ill Repose And Threshold Canons Of Construction: A Unified Approach To Ambiguity After San Carlos Apache Tribe V. United States, Daniel Lee
Seattle University Law Review
Historically, the San Carlos Apache Tribe depended on the Gila River to irrigate crops and sustain a population of around 14,000 tribe members. The river is also sacred to the Tribe and central to the Tribe’s culture and spirituality. Initially, the federal government had recognized the Tribe’s dependence on the Gila River by reserving, under the Winters doctrine, water rights necessary to support the San Carlos Apache Reservation. Acting as the Tribe’s trustee, the United States entered into the Globe Equity Decree (the Decree), which prevented the San Carlos Apache Tribe from claiming water rights under the Winters doctrine and …
The Gay Accent, Gender, And Title Vii Employment
Discrimination,
2013
Seattle University School of Law
The Gay Accent, Gender, And Title Vii Employment Discrimination, Ryan Castle
Seattle University Law Review
While race, religion, ethnicity, and sex will always remain salient social issues in our nation, sexual orientation is currently at the forefront of our national debate and will likely not abate in the foreseeable future. Federal courts, for example, struggle in differentiating sex, gender, and sexuality when adjudicating Title VII employment discrimination claims. Because Title VII does not protect employees from sexual orientation-based discrimination, plaintiffs who are or are perceived to be of a sexual minority have difficulty proving a valid sex-based discrimination claim in federal court. This difficulty arises because one cannot perceive sex, gender, and sexuality without muddling …
The Achievement Gap And Disparate Impact
Discrimination In Washington Schools,
2013
Seattle University School of Law
The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson
Seattle University Law Review
In today’s public schools, students designated as “white” and “Asian” consistently outperform students from other ethnic groups in test scores and graduation rates. These disparities, commonly called “the achievement gap,” are a symptom of greater issues, or “opportunity gaps.” Washington State has recently taken a further step to address the achievement gap and racial discrimination in schools. In 2010, the Washington legislature passed the Equal Education Opportunity Law (EEOL), HB 3026, in response to the recommendations in commissioned achievement gap studies. The EEOL authorizes the Office of the Superintendent of Public Instruction (OSPI) to enforce this law through regulations. This …
Law And Lawyers In The Incident Command System,
2013
Seattle University School of Law
Law And Lawyers In The Incident Command System, Clifford J. Villa
Seattle University Law Review
Although the Incident Command System (ICS) has existed for some forty years, the use of ICS grew significantly in the past decade because the United States learned hard lessons from infamous failures of incident management after 9/11 and Hurricane Katrina. As such, ICS theory and practice must be understood by legal scholars and practitioners who seek to contribute to the growing fields of climate change adaptation and disaster response. Filling a gap in the legal literature, this article will provide lawyers and legal scholars with an introduction to the Incident Command System, outlining the origin, doctrines, and organizational framework of …
The Fixable Flaws Of America's Civil Justice System,
2013
University of Baltimore School of Law
The Fixable Flaws Of America's Civil Justice System, James Maxeiner
All Faculty Scholarship
No abstract provided.
Legal Perspectives On Magic In Ancient Roman, Greek, And Jewish Laws,
2013
Brigham Young University
Legal Perspectives On Magic In Ancient Roman, Greek, And Jewish Laws, Brock Mason, John Welch, Jd
Journal of Undergraduate Research
For my research project, I continued working with John W. Welch of the BYU Law School, investigating how Roman, Greek, and Jewish law accounted for magic. As part of my research, I traveled through Turkey and Greece searching for sources during the summer of 2012. During my trip, I discovered an important inscription which discusses city laws governing religious and other behavior (and a few more for other research projects I have about baptism for the dead). This inscription, piece 8187 at the epigraphical museum in Athens, is, as far as I know, currently unpublished. As of now, I am …
A Class Act? Social Class Affirmative Action And Higher Education,
2013
University of San Diego
A Class Act? Social Class Affirmative Action And Higher Education, Maimon Schwarzschild
San Diego Law Review
Comparing class preferences with racial preferences helps to point up some of the reasons for the allure of class preferences but also points up some of the problems. A crucial consideration is the question of who is to receive class preference. For example, what about immigrants and their children? In general, social class is difficult to define, and this very difficulty would confer great discretion and power on faculties and academic administrators who undertake to bestow class preferences: discretion that would be open to abuse for political, ideological, and other ends. Finally, there is the question of whether preferential treatment …
Gender Discrimination In The Workforce,
2013
California Polytechnic State University - San Luis Obispo
Gender Discrimination In The Workforce, Natalie Hays, Katherine Morrow
Social Sciences
No abstract provided.
Public Duties, Private Rights: Privacy
And Unsubstantiated Allegations
In Washington’S Public Records Act,
2013
Seattle University School of Law
Public Duties, Private Rights: Privacy And Unsubstantiated Allegations In Washington’S Public Records Act, Robert E. Miller
Seattle University Law Review
Open government laws allow private citizens to monitor public servants. But this vital function of access presents a clash of competing interests: the privacy of public employees versus the public’s right to know. Washington’s Public Records Act (PRA) seeks to balance these interests, and the Washington Supreme Court has fought to adhere to the PRA’s spirit of open government while creating bright-line rules for the ease of government agencies. The Bainbridge Island Police Guild court held that investigative reports of unsubstantiated allegations of sexual misconduct against public officials are highly offensive to a reasonable person and that the public has …
A Barrier To Child Welfare Reform: The
Supreme Court’S Flexible Approach To
Federal Rule Of Civil Procedure 60(B)(5)
And Granting Relief To States In
Institutional Reform Litigation,
2013
Seattle University School of Law
A Barrier To Child Welfare Reform: The Supreme Court’S Flexible Approach To Federal Rule Of Civil Procedure 60(B)(5) And Granting Relief To States In Institutional Reform Litigation, Rachel Dunnington
Seattle University Law Review
In a recent decision, Horne v. Flores, the Court demanded a broader and more flexible application of Federal Rule of Civil Procedure (Rule) 60(b)(5). In doing so, the Court opened the door for states to seek relief from court-enforced agreements like consent decrees. This decision undermines the use of institutional reform litigation as a means of fixing the child welfare system and thus deals a further blow to the nation’s most vulnerable citizens. This Note will discuss Horne’s impact on consent decrees stemming from institutional reform litigation in child welfare. Part II will explore the history of Rule 60 as …
The Birth Of A Real Right: An Overview And Analysis Of The Recent Revision Of Book Iii, Title X Of The Civil Code,
2013
Louisiana State University Law Center
The Birth Of A Real Right: An Overview And Analysis Of The Recent Revision Of Book Iii, Title X Of The Civil Code, Bradley Schwab
Louisiana Law Review
The article examines the revised articles in Title X, Book III, of the Louisiana Civil Code which is regarding rents of lands and annuities. It explains the revisions to Chapter 1 and Chapter 2 of Title X, Book III that pertains to the annuity contract and the annuity charge respectively. It discusses some economic benefits created by these new articles including bankruptcy protection and Medicaid benefits.
Prevention And The Pillars Of A Dynamic Theory Of Civil Liability: A Comparative Study On Preventive Remedies,
2013
Louisiana State University Law Center
Prevention And The Pillars Of A Dynamic Theory Of Civil Liability: A Comparative Study On Preventive Remedies, Alexandru-Daniel On
Research Papers
The purpose of this study is to draw the coordinates and identify the main vectors for the development of a comprehensive theory of prevention in the law of torts.
