Civil Law Commons^™

George Dargo, Jefferson’S Louisiana: Politics And The Clash Of Legal Traditions, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

Complete V.4 Number 2

Journal of Civil Law Studies

No abstract provided.

No.20 - December 2011, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

To Dollars From Sense: Qualitative To Quantitative Translation In Jury Damage Awards, Valerie P. Hans, Valerie F. Reyna

Cornell Law Faculty Publications

This article offers a new multistage account of jury damage award decision making. Drawing on psychological and economic research on judgment, decision making, and numeracy, the model posits that jurors first make a categorical gist judgment that money damages are warranted, and then make an ordinal gist judgment ranking the damages deserved as low, medium, or high. They then construct numbers that fit the gist of the appropriate magnitude. The article employs data from jury decision-making research to explore the plausibility of the model.

Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod

University of Richmond Law Review

This article surveys recent significant developments in Virginia civil practice and procedure. Specifically, the article discusses opinions of the Supreme Court of Virginia from June 2010through June 2011 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 2011 session that relates to civil practice.

The Taxonomy Of Civil Recourse, Andrew S. Gold

Faculty Scholarship

No abstract provided.

Why There Is No Duty To Pay Damages: Powers, Duties, And Private Law, Nathan B. Oman

Faculty Publications

This Article was part of a symposium on the rise of civil recourse theory. It contributes to this debate by defending a simple but counterintuitive claim: There is no duty to pay damages in either tort or contract law. The absence of such a duty provides a reason for believing that civil recourse provides a better account of private law than does corrective justice. Corrective justice is committed to interpreting private law as creating duties for wrongdoers to compensate their victims. In contrast, civil recourse sees the law as empowering plaintiffs against defendants. My argument is that a careful analysis …

The Honor Of Private Law, Nathan B. Oman

Faculty Publications

While combativeness is central to how our culture both experiences and conceptualizes litigation, we generally notice it only as a regrettable cost. This Article offers a less squeamish vision, one that sees in the struggle of people suing one another a morally valuable activity: the vindication of insulted honor. This claim is offered as a normative defense of a civil recourse approach to private law. According to civil recourse theorists, tort and contract law should be seen as empowering plaintiffs to act against defendants, rather than as economically optimal incentives or as a means of enforcing duties of corrective justice. …

Civil Recourse As Social Equality, Jason M. Solomon

Faculty Publications

No abstract provided.

Splitting The Baby: Standardizing Issue Class Certification, Jenna G. Farleigh

Vanderbilt Law Review

The Bible depicts King Solomon resolving a dispute between two women who claimed to be the mother of the same child. In the pursuit of justice, King Solomon threatened to do the unthinkable- slice the child in two. Although severing children is not a recommended vehicle for justice, severing lawsuits is. In fact, in the class-action context, the "issue class" established by Federal Rule of Civil Procedure 23(c)(4) does just what King Solomon threatened-it severs litigation into pieces, allowing aggregate treatment of only certain issues in a given lawsuit. Residual issues are left to be determined in plaintiff-specific, follow-on suits. …

Technology Solves Mtic - Vln, Rtvat, D-Vat Certification, Richard Thompson Ainsworth

Faculty Scholarship

Technology solves missing trader intra-community (MTIC) fraud. This should come as no surprise. MTIC is technology-intensive fraud – its solution should also be technology-intensive.

MTIC is getting to be an out-dated term. Now that missing trader fraud has move into services it is no longer confined to intra-community trade, and the older acronym should be adjusted to MTIC/MTEC fraud (with MTEC standing for missing trader extra-community).

MTIC/MTEC fraud is fully digitized (the supply, the movement of the supply, and the funding). The consequences should be clear. MTIC/MTEC must be prevented (before the fact), not pursued (after the fact). In the …

No.19 - June 2011, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

The Slaves And Slavery Of Marie Claire Chabert: Familial Black Slaveholding In Antebellum Louisiana , Mitra Sharafi

Journal of Civil Law Studies

No abstract provided.

Is The Pre-20th Century American Legal System A Common Law System? An Exercise In Legal Taxonomy , Jacques Vanderlinden

Journal of Civil Law Studies

No abstract provided.

Complete V.4 Number 1

Journal of Civil Law Studies

No abstract provided.

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Transition Without Transformation: Legal Reform In The Democratization And Development Processes, Ermal Frasheri

Journal of Civil Law Studies

Modernization relies on law as the means of transformation. Democratization and development strategies of the last 20 years, such as the Washington consensus and its successor: good governance and institution building, have embraced the instrumentalization of law in order to create democratic societies and market economies. In these great processes of transformation, from regime changes in Eastern Europe to state building across Central Asia, the process of lawmaking rests upon premises that have a tendency to perpetuate transition without transforming the relationship of the individual to power. This alienizing feature of transition is reflected in lawmaking practices. In this paper, …

Interspousal Claims At The Crossroads Of Tort Law And Family Law: The Delicate Balance Between Family And Individual, Biagio Andò

Journal of Civil Law Studies

This paper discusses the solutions adopted by Italian law (on which this study is mainly focused) and U.S. law as to the issue of recoverability of non-monetary damages suffered by one spouse for the intentional tortious conduct of the other. These suits are usually raised within the divorce proceeding and are grounded in the Italian law on the breach of conjugal duties.

In Italian law, notwithstanding the absence of specific provisions ruling this issue, and therefore the application of the general provisions on tort law not being barred, there was in the past a sort of immunity of family from …

Legal Protection Of Minority Shareholders Of Listed Corporations In Brazil: Brief History, Legal Structure And Empirical Evidence , Bruno Meyerhof Salama, Viviane Muller Prado

Journal of Civil Law Studies

No abstract provided.

London, Libel Capital No Longer? The Draft Defamation Act 2011 And The Future Of Libel Tourism, Thomas Sanchez

The University of New Hampshire Law Review

[Excerpt] “In the past decade, London emerged as the forum of choice for “libel tourists”—strategic, often foreign, plaintiffs who bring defamation actions in a jurisdiction with plaintiff-friendly libel laws, even if they and the defamatory material at issue lack a substantial connection with that jurisdiction. England’s defamation laws and procedures make it significantly easier for claimants to commence and prevail in libel actions than do the laws and procedures of many other countries, particularly the United States. As a result, English courts have entertained several high-profile defamation cases involving foreign parties who have only tenuous connections to England, such as …