Legal Theory And The Variety Of Legal Cultures,
2010
Louisiana State University Law Center
Legal Theory And The Variety Of Legal Cultures, Sheldon Leader
Journal of Civil Law Studies
This essay begins with a consideration of two anxieties about courts that are common to the civil and common law traditions: a worry about illegitimate judicial law making, and a worry about judicial bias. It will then move to the contribution legal theories might make in dealing with these shared anxieties, with a focus on a position that draws on the two largest contestants: natural law and legal positivism. It will end with an indication of the further distance that theory needs to take us before these worries about the judiciary can be effectively tackled.
The Reform Of Legal Education In China And Japan: Shifting From The Continental To The American Model,
2010
Louisiana State University Law Center
The Reform Of Legal Education In China And Japan: Shifting From The Continental To The American Model, Xiangshun Ding
Journal of Civil Law Studies
No abstract provided.
Press Freedom In Indonesia: A Case Of Draconian Laws, Statutory Misinterpretation, But Still One Of The Freest In Southeast Asia,
2010
Louisiana State University Law Center
Press Freedom In Indonesia: A Case Of Draconian Laws, Statutory Misinterpretation, But Still One Of The Freest In Southeast Asia, Nono Anwar Makarim
Journal of Civil Law Studies
No abstract provided.
Common Law, Civil Law, And The Challenge From Federalism,
2010
Louisiana State University Law Center
Common Law, Civil Law, And The Challenge From Federalism, Santiago Legarre
Journal of Civil Law Studies
No abstract provided.
The Principle Of Proportionality: The Challenges Of Human Rights,
2010
Louisiana State University Law Center
The Principle Of Proportionality: The Challenges Of Human Rights, Juan Cianciardo
Journal of Civil Law Studies
The purpose of the present paper can be synthesized in the following points: a) to expose the concept of the principle of proportionality in its broadest sense and its different components or dimensions; b) to draw the attention to an approach which is usually not studied by authors, that is, the fact that the application of the principle is not enough to guarantee the supremacy of the human rights, at least in some cases; c) lastly, to point out those requirements that could protect proportionality from the risk mentioned in b).
Academic Legal Writings By Saúl Litvinoff,
2010
Louisiana State University Law Center
Academic Legal Writings By Saúl Litvinoff
Journal of Civil Law Studies
No abstract provided.
Complete V.3,
2010
Louisiana State University Law Center
Civil Gideon: The Poor Man's Fight,
2010
Loyola University Chicago, School of Law
Civil Gideon: The Poor Man's Fight, Lee Shevell
Public Interest Law Reporter
No abstract provided.
Al-Iqrar Fi Ithbat Al-Da`Wa Fi Al-Qadaya Al-Madinah : Dirasah Muqaranah Bayna Al-Qanun Al-Madani Al-Irani Wa-Al-Madhahib Al-Khamsah.,
2010
Universiti Malaya
Al-Iqrar Fi Ithbat Al-Da`Wa Fi Al-Qadaya Al-Madinah : Dirasah Muqaranah Bayna Al-Qanun Al-Madani Al-Irani Wa-Al-Madhahib Al-Khamsah., Ghotbaddin Zahedian
Student Works (2010-2019)
The dissertation is a comparison study between madhahib fiqhiyyah (Hanafi, Maliki, Shafe'i, Hanbali, Ja’fari) and the Iranian Civil Code with regards to confession of patient, bankrupt, infant, fool, and the confession of kinship. The study is theoretical, aiming at evaluating the influence of the Ja’fari’s and another four schools of jurisprudence (Hanafi, Maliki, Shafi'i and Hanbali) on the Iranian Civil Code. In addition, the study attempts to identify the similarities and differences between the four schools of Sunni and Shiah Ja’fari in confession in civil cases. It has been done by comparing civil issues between the four schools of Ahl …
Torts As Wrongs,
2010
Harvard Law School
Torts As Wrongs, John C.P. Goldberg, Benjamin C. Zipursky
Faculty Scholarship
Torts scholars hold different views on why tort law shifts costs from plaintiffs to defendants. Some invoke notions of justice, some efficiency, and some compensation. Nearly all seem to agree, however, that tort law is about the allocation of losses. This Article challenges the widespread embrace of loss-based accounts as fundamentally misguided. It is wrongs not losses that lie at the foundation of tort law. Tort suits are about affording plaintiffs an avenue of civil recourse against those who have wronged them. Although torts were once routinely understood as wrongs, since Holmes’s time, tort scholars have tended to suppose that …
The Shadow Of State Secrets,
2010
Georgetown University Law Center
The Shadow Of State Secrets, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
The shadow of state secrets casts itself longer than previously acknowledged. Between 2001 and 2009 the government asserted state secrets in more than 100 cases, while in scores more litigants appealed to the doctrine in anticipation of government intervention. Contractor cases ranged from breach of contract, patent disputes, and trade secrets, to fraud and employment termination. Wrongful death, personal injury, and negligence suits kept pace, extending beyond product liability to include infrastructure and services, as well as conduct of war. In excess of fifty telecommunications suits linked to the NSA warrantless wiretapping program emerged 2006-2009, with the government acting, variously, …
The Easy Case For Products Liability: A Response To Polinsky & Shavell,
2010
Fordham University School of Law
The Easy Case For Products Liability: A Response To Polinsky & Shavell, Benjamin C. Zipursky, John C.P. Goldberg
Faculty Scholarship
In their article “The Uneasy Case for Product Liability,” Professors Polinsky and Shavell assert the extraordinary claim that there should be no tort liability - none at all - for injuries caused by widely-sold products. In particular, they claim to have found convincing evidence that the threat of tort liability creates no additional incentives to safety beyond those already provided by regulatory agencies and market forces, and that tort compensation adds little or no benefit to injury victims beyond the compensation already provided by various forms of insurance. In this response, we explain that, even on its own narrow terms, …
Revised Uniform Laws On Notarial Acts,
2010
Western New England University School of Law
Revised Uniform Laws On Notarial Acts, Arthur Gaudio , Reporter
Faculty Scholarship
This version of the Uniform Law on Notarial Acts (“ULONA”) is a comprehensive revision of the Uniform Law on Notarial Acts as approved by the National Conference of Commissioners on Uniform State Laws (“NCCUSL”) in 1982. Since that date, countless societal and technological as well as market and economic changes have occurred requiring notarial officers and the notarial acts that they perform to adapt. In addition, there has been a growing non-uniformity among the states in their laws regarding notarial acts. This version of ULONA adapts the notarial process to accommodate those changes, makes the Act more responsive to current …
Saving Lives Through Punitive Damages,
2010
Vanderbilt University Law School
Saving Lives Through Punitive Damages, W. Kip Viscusi, Joni Hersch
Vanderbilt Law School Faculty Publications
This Article proposes that the value of statistical life ("VSL ") be used to set the total damages amount needed for deterrence when punitive damages are warranted in wrongful death cases. The appropriate level of total damages should be achieved by adjusting the value of punitive damages. Compensatory damages should not be distorted to establish the total damages level needed for efficient deterrence. Attempts to introduce hedonic damages as a compensatory damages component, and proposals to use the VSL on a routine basis when setting compensatory damages awards, are misguided and will undermine the insurance and compensation functions of compensatory …
A Generation Of Racketeers? Eliminating Civil Rico Liability For Copyright Infringement,
2010
Vanderbilt University Law School
A Generation Of Racketeers? Eliminating Civil Rico Liability For Copyright Infringement, Julie L. Ross
Vanderbilt Journal of Entertainment & Technology Law
This article addresses questions raised in recent years by the increasingly severe penalties for copyright infringement, focusing on potential civil RICO liability as illustrated by a hypothetical peer-to-peer file-sharing example. Because civil litigation has been, by a wide margin, the favored means for pursuing copyright violators, the criminal copyright infringement statute remains largely untested, and the few cases that address its provisions offer conflicting interpretations. Now that RICO penalties are available in civil copyright infringement cases, courts faced with resolving the ambiguities in the application of the criminal copyright infringement provisions will need to reconcile divergent policies. To effectuate its …
Civil Rights And Federal Courts: Creating A Two-Course Sequence,
2010
Florida International University College of Law
Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman
Faculty Publications
No abstract provided.
Organizations Matter: They Are Institutions, After All,
2010
Touro Law Center
Organizations Matter: They Are Institutions, After All, John Linarelli
Scholarly Works
Judge Posner (2010) offers a substantial agenda for organization economics. He advises us on how organization economics can shed substantial light on some of the most pressing social problems of the day. I comment on two of the areas he selects for discussion and offer some comments on the relationship of organization economics to new institutional economics. Judge Posner surely is right to argue that organization economics can help us understand the failures of corporate governance in regulating executive pay. Moreover, with additional and more institutionally nuanced theorizing, organizational economics should further our understanding of the work of judiciaries in …
A Common Lawyer’S Perspective On The European Perspective On Punitive Damages,
2010
University of Georgia School of Law
A Common Lawyer’S Perspective On The European Perspective On Punitive Damages, Michael Wells
Scholarly Works
Punitive damages are generally available in common law jurisdictions, but are disfavored in civil law systems. This paper argues that the main reasons for the difference are historical and cultural. Roman law and the French Revolution heavily influenced the civil law. Civilians were taught that legal development comes from the top down. They learned to treat law as a system of general principles and to resist anomalies. They found it relatively easy to reject the intrusion of criminal themes into private law. The common law developed one case at a time, with no particular emphasis on systematic coherence. It was …
