Civil Law Commons^™

Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?

Fordham Environmental Law Review

As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …

A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry

Fordham Environmental Law Review

Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …

Why We Need A Constitutional Right To Healthy Environment In Canada

Fordham Environmental Law Review

The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …

In Pursuit Of The Appropriate Standard Of Liability For Defective Product Designs, Christina M. Moylan

Maine Law Review

Since the advent of strict products liability with the holding in Greenman v. Yuba Products Co. in 1963 and the promulgation of section 402A of the Restatement [Second] of Torts ("Restatement") in 1965, courts have struggled to strike an appropriate balance between competing social policies with respect to liability for defective products. On the one hand, those injured by defective products should not be burdened by the contractual intricacies of the law of sales or the onerous (virtually insurmountable in products cases) evidentiary obstacles of negligence. On the other hand, most courts agree that manufacturers and distributors should not be …

Federal Election Commission And Indiana Secretary Of State Campaign Finance Information Resoures, Bert Chapman

Libraries Faculty and Staff Presentations

This presentation covers campaign finance information resources produced by the Federal Election Commission (FEC) and Indiana Secretary of State. It describes how these agencies began, details how they oversee and regulate U.S. federal and Indiana state elections, and documents contributions made by individuals, organizations, political parties, and political action committees to individual candidates and organizations. Reporting documentation on these election races is also included.

Intimate Partner Violence: Access To Protection Beyond The Pandemic, Rachel J. Wechsler

Faculty Publications

Civil protection orders are the most common legal remedy victims pursue in response to intimate partner violence (IPV). They are more empowering for victims than the criminal legal system because victims themselves drive the process, instead of prosecutors, and they offer more flexible and tailored relief. This Article argues that victims should be able to choose how they file petitions and participate in civil protection order hearings, and that judges should be required to honor those preferences absent good cause. This conclusion is driven by two new, original sets of empirical data collected from IPV survivors who have sought civil …

The Obvious Violation Exception To Qualified Immunity: An Empirical Study, Bailey D. Barnes

Washington Law Review

Qualified immunity shields government officials from civil suits for discretionary actions, as long as the violated right is not clearly established. A right is deemed established when every reasonable official would understand it based on precedent, placing it beyond debate, such that only the plainly incompetent may be held liable. Consequently, even when an act infringes on one’s civil rights, a court may deny relief owing to a lack of factually comparable precedent. However, in 2020, the Supreme Court indicated its distrust for overreliance on precedent in certain contexts. In Taylor v. Riojas, the Court held that prison officials …

Vertical Restraints In An Amazon World, Martin Edwards

Dickinson Law Review (2017-Present)

Vertical restraints are a peculiarity, even among the dizzying array of contracts subject to antitrust scrutiny. While current law treats vertical restraints permissively, antitrust reformers have added this permissive treatment of vertical restraints to their list of proposed reforms. The reformers have softly proposed that courts apply a presumption of illegality standard for vertical restraints— greater scrutiny than the current standard, the rule of reason. This Article argues that doing so is inadvisable.

Producers and their consumers both want the same thing: the best overall product experience for the money. The critical economic functions of vertical restraints are to enable …

The Liv Golf V. Pga Tour Antitrust Case As A Case Study In Federal Civil Procedure, Michael J. Dube

Dickinson Law Review (2017-Present)

This Article uses LIV Golf Inc. v. PGA Tour, Inc., a sophisticated and headline-grabbing antitrust matter, as a means of instantiating federal civil procedure concepts. The first Part of this Article addresses the unsuccessful motion for a temporary restraining order that in many ways shaped how the litigation proceeded. The second Part examines the dance that is discovery through a focus on a drawn-out dispute regarding a single interrogatory. The final Part drills down on a more novel discovery dispute that began the path towards settlement, namely whether the Foreign Sovereign Immunities Act of 1976 and related common-law doctrine …

Ratio Legis Penambahan Modal Negara Kepada Lembaga Pembiayaan Ekspor Indonesia, Syarif Hidayat

Jurnal Hukum & Pembangunan

Since its establishment under Law Number 2 of 2009 concerning The Indonesian Export Financing Institution (LPEI), the Indonesian Export Financing Institution has gained additional capital participation nine times between 2010 and 2021 by the passage of government regulations. The rules for extra capital in the legislation on its establishment only take the form of regulations in the event that the capital of the Indonesian Export Financing Institution is decreased by a particular amount, but the additional capital that has been carried out thus far is not meant to replace the capital deficiency. As a result, this research was undertaken to …

Pengungkapan Model Mediasi Kepada Pihak Bersengketa Oleh Mediator Sebagai Pelaksanaan Prinsip Informed Consent (Kajian Mediasi Sektor Perbankan), Tri Harnowo, Fahmi Shahab

Jurnal Hukum & Pembangunan

The mediation techniques commonly used by mediators are facilitative, evaluative, or hybrid models. The choice of mediation model generally depends on the complexity of the dispute, the nature of the relationship, and the expectations for further cooperation. This research examines the application and disclosure of mediation models in the banking sector. The methodology used is normative, analyzing regulations related to the application and disclosure of mediation models in the banking sector. Data collection was obtained from primary legal materials in the form of legislation, secondary legal materials such as professional codes of ethics, books, articles, and scientific journals, and tertiary …

Mass Shootings In The United States, Sydney Livingston

Journal of Nonprofit Innovation

High rates of mass shootings are becoming a uniquely American problem; the US makes up 73% of the world’s mass shootings, yet makes up only 4.25% of the world’s population. School shootings, in particular, have increased dramatically in the US since the Columbine High School shooting in 1999, an event many perpetrators have since drawn upon as inspiration. There is a strong divide of opinions in the nation regarding how firearm deaths should be reduced, which has complicated and slowed progress in identifying effective solutions. Each mass shooting causes additional shootings to occur, and each one takes a toll on …

A Study Of Civil Liability Views Of U.S. Midwestern Police, Daniel Hall, Morris Jenkins, Eric Lambert, Shanon L. Gillette, Yung Hyeock Lee

Justice, Law, and Public Safety Studies Department Faculty Conferences

In the past several years, there has been a greater social call for police officers to be civilly and/or criminally liable for their actions. It is unclear if concern for liability exists today among police officers and if this concern influences how officers interaction with community members. The current study explored the civil and criminal liability views of police officers and if officers feel that this liability changed how they provide services. Data for this survey came from a recent survey of police officers in the U.S. Midwest. The results will be presented and discussed

Changemaker: Tolulope Kevin Olasanoye: Juris Doctrate: From Ideas To Political Action 9-25-2024, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Urgensi Memahami Arbitrase Bagi Pemangku Kepentingan Dunia Bisnis Di Indonesia, Bambang Hariyanto, Saptarini Saptarini

Jurnal Hukum & Pembangunan

Abstract The resolution of business disputes through arbitration forums is increasingly favored by the majority of business actors in Indonesia. One indication of this is the growing number of business actors, both from the private sector and state-owned enterprises, who include arbitration agreements as dispute clauses in their contracts. Arbitration has even attracted the interest of MSMEs (Micro, Small, and Medium Enterprises) as a forum to resolve their business disputes. This phenomenon ultimately highlighted the urgency for stakeholders in the business world to understand arbitration. Using normative juridical methods, this article contained a series of analyses of primary materials, including …

Law School News: Transforming Adversity Into Advocacy 9-4-2024, Andrew Clark, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Aspek Keperdataan Dalam Upaya Penyelesaian Sengketa Medis Antara Pasien Dengan Tenaga Medis Berdasarkan Undang-Undang Kesehatan, Lintang Zandra Camellia, Adhitya Widya Kartika

Jurnal Hukum & Pembangunan

Medical disputes in the civil field are disputes that can occur between patients and doctor as a medical-professionals and are related to the full fillment of the rights and obligations of the binding relationship as a legal result in the provision of medical services. Medical disputes can lead to losses suffered by patients which can be in the form of limb disability, even death. The emergence of law and health provides a beneficial collaboration, where the health field can be used to face public health challenges and the law can be used to maintain peace and order in society. The …

Measures Of Justice: Researching And Evaluating Lay Legal Assistance Programs, Tanina Rostain, James Teufel

Georgetown Law Faculty Publications and Other Works

In recent years a national movement to train lay advocates and advisors to assist people with their common justice problems has emerged in the United States. A host of new programs have launched that allow trained navigators and justice workers to provide legal assistance. These programs – developed in Alaska, Delaware, South Carolina, Arizona, and Utah, among other places – vary in their substantive focus, the skills they impart, and their approaches to reaching the people and communities they seek to help. The proliferation of lay legal assistance programs creates research imperatives and opportunities. These programs need to be assessed …

Law School News: No Outsiders In Rwu Law Professor's Classroom (8-29-2024), Suzi Morales, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Towards A Legal Regulation To Withdraw Judicial Decisions In Jordanian Law, Alaa M. Alfawaeer, Ayman Al-Faouri

An-Najah University Journal for Research - B (Humanities)

This study aims to address the deficiencies within the Jordanian legal framework on the withdrawal of final judicial decisions. The issue arises from the absence of provisions in the Jordanian Code of Civil Procedure regulating the concept of withdrawing a judicial decision, specifying its conditions, procedures, and the competent court for retracting a procedurally defective judicial decision for which the litigants are not responsible. Additionally, the law does not stipulate a legal timeframe within which a request to withdraw the judicial decision must be submitted, nor does it outline the legal consequences resulting from such a decision. By employing a …