Civil Law Commons^™

Confine Is Fine: Have The Non-Dangerous Mentally Ill Lost Their Right To Liberty? An Empirical Study To Unravel The Psychiatrist’S Crystal Ball, Donald H. Stone

All Faculty Scholarship

This Article will examine the reverse trend in civil commitment laws in the wake of recent tragedies and discuss the effect of broader civil commitment standards on the care and treatment of the mentally ill. The 2007 Virginia Tech shooting, the 2011 shooting of Congresswoman Giffords, and the 2012 Aurora movie theatre shooting have spurred fierce debates about the dangerousness of mentally ill and serve as cautionary tale about what happens when warning signs go unnoticed and opportunities for early intervention missed. This piece will explore the misconception about the role medication and inpatient civil commitments should play in prevention …

Arbitrability And Vulnerability, Carolyn L. Dessin

Akron Law Faculty Publications

Arbitration is cool. Everybody‟s doing it. In the eighty-five years since the passage of the Federal Arbitration Act, that seems to be the prevailing sentiment. Recent decades have seen the meteoric rise of arbitration as a form of alternative dispute resolution. Arbitration is widely regarded as a less expensive, more expeditious alternative to litigation.

Courts frequently note that federal policy clearly favors arbitration. No judicial enthusiasm for arbitration seems more complete than that evidenced in the jurisprudence of the United States Supreme Court.

Along with the rise of arbitration, however, there has also been a rise in the amount of …

Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim

Indiana Journal of Global Legal Studies

This Article analyzes how individual and local attempts to address low fertility rates in Korea and Japan have prompted unprecedented reforms in monocultural nationality laws. Korea and Japan confront rapidly declining working-age population projections; yet, they have prohibited the immigration of unskilled workers, until recently in Korea's case, on the claim that their admission would threaten social cohesion. Over the past two decades, both countries have made only incremental reforms to their immigration policies that fall short of alleviating labor shortages and the fiscal burdens of maintaining a large elderly population. Instead, prompted by the growth of so-called multicultural families …

أسباب إخلاء العين المؤجرة غير الراجعة عقد الاجار في قانون المعاملات المدنية الإماراتي وقوانين إيجار الأماكن المحلية (إمارتي أبو ظبي ودبي), أحمد عبد الله علي البلوشي

Theses

No abstract provided.

The Moral Complexity Of Cause Lawyers Within The State, David Luban

Georgetown Law Faculty Publications and Other Works

Douglas NeJaime's Cause Lawyers Inside the State is a significant contribution to our understanding of cause lawyers. Most basically, NeJaime calls attention to a remarkably neglected topic: cause lawyers who work in the state rather than in public interest firms, law school clinics, or other non-governmental organizations (NGOs). His analysis undermines a narrative that students of cause lawyering too often presuppose: that to be a cause lawyer means standing outside the state, and usually in opposition to it. Almost by definition, a "cause" exists because the dominant institutions of society have failed to represent the interests and ideas of some …

Significant Entanglements: A Framework For The Civil Consequences Of Criminal Convictions, Colleen F. Shanahan

Georgetown Law Faculty Publications and Other Works

A significant and growing portion of the United States population is or has recently been in prison. Nearly all of these individuals will face significant obstacles as they struggle to reintegrate into society. A key source of these obstacles is the complex, sometimes unknown, and often harmful collection of civil consequences that flow from a criminal conviction. As the number and severity of these consequences have grown, courts, policymakers, and scholars have struggled with how to identify and understand them, how to communicate them to defendants and the public, and how to treat them in the criminal and civil processes. …

Transnational Public Policy In Civil And Commercial Matters, Adeline Swee Ling Chong

Research Collection Yong Pung How School Of Law

No abstract provided.

Code Vs. Code: Nationalist And Internationalist Images Of The Code Civil In The French Resistance To A European Codification, Ralf Michaels

Faculty Scholarship

French academics reacted to announcements about a possible future European civil code ten years ago in the way in which Americans reacted to the Japanese attack on Pearl Harbor 1940: first with shock, then with rearmament, finally with attempted counterattacks. Military metaphors abound. Yet the defense of the French Code Civil against a European civil code is tricky: they must defend one Code against another. The images drawn of codes are therefore of particular interest for our understanding both of civil codes and of legal nationalism. Often, two mutually exclusive images are presented at the same time. In cultural terms, …

Palsgraf, Punitive Damages, And Preemption, Benjamin C. Zipursky

Faculty Scholarship

This Article utilizes civil recourse theory along with a pragmatic conceptualist methodology to solve three problems in tort law: one on Palsgraf v. Long Island Railroad Co., one on punitive damages (as seen in the Supreme Court’s struggles with Philip Morris v. Williams), and one on federal preemption (as seen in the Supreme Court’s 4-4 deadlock in Warner-Lambert Company v. Kent). Confusion has been generated by a failure to recognize that -- despite the many aspects of tort law that render it importantly public -- there is something distinctively private about the common law of torts. When one firmly rejects …

Virtual Blinds: Finding Online Privacy In Offline Precedents, Allyson W. Haynes

Vanderbilt Journal of Entertainment & Technology Law

A person in a building shows a desire for privacy by pulling her blinds shut or closing her curtains. Otherwise, she cannot complain when her neighbor sees her undressing from the window, or when a policeman looks up from the street and sees her marijuana plants. In the online context, can we find an analogy to these privacy blinds? Or is the window legally bare because of the nature of the Internet?

This Article argues that by analyzing the privacy given to communications in the offline context, and in particular, by analyzing case law recognizing privacy in an otherwise public …

State Administrative Legal Review On The Bill Of Retraction Law Of Corrupted Assets In Eradication Effort Of Corruption In Indonesia, Dian Puji Simatupang

Indonesia Law Review

Since eradicating corruption having been continously encouraged by late governments – and until now – , there would not be less important as to retracting the corrupted assets. There are many aspects to be considered in doing such action, such as manifesting the legal aspects of administrative law, and so other applied national regulations. By these regulations, such as Law No. 7 of 2006 on Ratification of United Nations Convention against Corruption, 2003 (Konvensi Perserikatan Bangsa Bangsa Anti-Korupsi, 2003), Law Number 25 of 2003 On Amendment to Law Number 15 of 2002 on Money Laundering, Act 30 of 2002 on …

On Land (Wealth) Distribution: A Cultural Approach To Justice In Indonesia, Suparjo Suparjo

Indonesia Law Review

This article re-examines the Indonesian land distribution policy in light of Pancasila , the five core values of the Indonesian constitution. Furthermore, the article also analyzes social problems in Indonesia from the legal and cultural point of view. Inspired by Javanese shadow puppet plays and Pancasila values, analysis shows that that land distribution policy in Indonesia does not support the goal of the country. The policy does not adhere to Pancasila values and the cultural values adopted by the Indonesian people. Hence I will try to give a recommendation for better regulation in land distribution. Evidences will be given to …

Yangge Dance: The Rhythm Of Liability For Medical Malpractice In The People's Republic Of China, Zhu Wang, Ken Oliphant

Chicago-Kent Law Review

This paper summarises the development of liability for medical malpractice in the People's Republic of China, beginning with the establishment of a formal system of administrative liability in 1987, its refinement in 2002, and the broadly contemporaneous judicial recognition of a concurrent tortious liability under general civil law. All these developments may be said to have furthered the interests of patients. The incorporation of liability for medical malpractice into the Tort Liability Law of 2009, however, arguably marks a step backwards, subordinating the interests of patients in favor of the interests of the medical community, and further reforms in the …

Plurality Of Laws, Legal Traditions And Codification In Spain, Aniceto Masferrer

Journal of Civil Law Studies

No abstract provided.

Quantifying Damages For Lucrum Cessans In Tort: A Fusion Of Sources Creating A Unique Legal Structure For Malta, Fiona Cilia

Journal of Civil Law Studies

No abstract provided.

Judicial Training In Turkey In Light Of Constitutional Traditions And Europeanization, Simone Benvenuti

Journal of Civil Law Studies

In recent years, the strengthening in Turkish constitutional culture of the rule of law and pluralism appeared as a further breach of the Kemalist ideology of “sacralization” of the State. Nevertheless, the principle of statehood, characterizing the Republic of Turkey since its creation in 1923 and now affirmed in art. 1 of the Constitution still influences Turkish institutions. With regard to judicial system, while Euro-driven reforms and the application of the conditionality principle led to its modernization, the Constitution sketches an organization based on both institutional dependence and corporatism. These features are reflected also in judicial education, notwithstanding the establishment …

Dutch Notaries: Do They Have A Future? How The Historical Foundations Of The Civil Law Can Help Survive A Modern Crisis, Kees Cappon

Journal of Civil Law Studies

No abstract provided.

Maltese Court Delays And The Ethnography Of Legal Practice, David E. Zammit

Journal of Civil Law Studies

This article starts by critiquing two recent attempts to sociologically account for court delays in Mediterranean societies. The first account was produced by the sociologist David Nelken and uses the concept of legal culture to explore the causes of court delays in Italian criminal trials, while the second account was produced by the anthropologist Michael Herzfeld, who sees court delays in Crete as metonymically encapsulating a broader cultural context. It is argued that both accounts omit an important dimension of the issue, which is how such delays are produced and justified at the level of legal practice itself. By referring …

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Hans-Albrecht Schwarz-Liebermann Von Wahlendorf (1922-2011) , Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.