Civil Law Commons^™

Is That Really Me?: Social Networking And The Right Of Publicity, Rachel A. Purcell

Vanderbilt Journal of Entertainment & Technology Law

Social networking websites are ubiquitous in modern culture and popular with people of all ages and demographics. Operators of this kind of site, which consist largely of third party generated content, are immune from many types of civil liability for third party postings under the Communications Decency Act. However, the Act does not immunize these providers from intellectual property right infringements. Recent court decisions suggest that this immunity exception may extend not only to federal intellectual property rights, but state intellectual property rights like the right of publicity. This Note will evaluate the emerging circuit split regarding state intellectual property …

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Foreword, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

An Introduction To Contamination, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

Don Saúl Litvinoff (1925-2010) , Agustín Parise, Julio Romañach Jr.

Journal of Civil Law Studies

No abstract provided.

Foundations For A Revival Of The Case Method In Civil Law Education, Fernando M. Toller

Journal of Civil Law Studies

The article explores the origins, foundations, and present development of the case method in the Civil Law tradition. It supports the idea that, properly defined, this methodology is very suitable for law, and not only in Common Law jurisdictions, but also the Civil Law and is even more appropriate in Continental law schools. There are indeed some undisputable common roots between Common Law and Civil Law regarding this pedagogical tool.

The misunderstandings and skepticism about the usability of this method in Civil Law education are challenged and answered. The article proves that the case method is a serious and useful …

The Vienna Sales Convention (Cisg) Between Civil And Common Law – Best Of All Worlds?, Ulrich Magnus

Journal of Civil Law Studies

No abstract provided.

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, 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, Nono Anwar Makarim

Journal of Civil Law Studies

No abstract provided.

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, 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

Journal of Civil Law Studies

No abstract provided.

Complete V.3

Journal of Civil Law Studies

No abstract provided.

Reply: Clawback To The Future, Miriam A. Cherry, Jarrod Wong

All Faculty Scholarship

In an earlier article also available on Scholarship Commons, Clawbacks: Prospective Contract Measures in an Era of Excessive Executive Compensation and Ponzi Schemes, Minnesota Law Review, Vol. 94, p. 368, 2009, Professors Miriam Cherry and Jarrod Wong set out an initial description and analysis of contractual clawback provisions. In this Reply, Profs. Cherry and Wong address three aspects of Michael Macchiarola's Response: its application of the clawback doctrine to the recoupment of executive compensation; the criticism that the clawbacks doctrine introduces latent subjectivity into contractual analysis; and the apparent operational difficulties in implementing clawbacks.

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., 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 …

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 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 …

Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman

Faculty Publications

No abstract provided.