Civil Law Commons^™

Endangered Claims, Brooke D. Coleman

William & Mary Law Review

Litigants—like organisms in an ecosystem—must evolve to survive our civil justice system. When procedural rules and doctrines that govern civil litigation change, litigants must respond. In some cases, litigants will adapt to the rules. In others, they will migrate to alternative fora to capitalize on the new environment’s rules. For those who cannot adapt or migrate, their claims will go extinct.

This Article chronicles the evolution story of federal civil litigation by examining how, in response to changing procedural rules and doctrines, parties and their claims adapt, migrate, or go extinct. It shows that throughout this evolution, claims by the …

In-Kind Execution Of Contractual Obligations: Rule And Exceptions Under The Unidroit Principles And The French Civil Code, Dr. Yousef Mohammed Shandi

UAEU Law Journal

This research deals with the principle of in kind execution of contractual obligations and the exceptions thereto under the 2016 UNIDROIT Principles and the provisions of the French Civil Code created by decree of 10 February 2016, which amends the Law on Contracts and General Provisions and Proof of Obligations. Both the UNIDROIT Principles and the French civil law establish the principle of in kind execution; it applies to all types of contractual obligations. Nevertheless, the UNIDROIT Principles state five exceptions to this principle, namely: when performance is impossible in law or in fact; when performance is unreasonably burdensome or …

Judicial Applications Of The Rule “Lesson In Contracts Is For The Purposes And Meanings Not For The Words And Premises" In The Egyptian Civil Law And The Perspective Of The Uae Civil Transactions Law, Dr. Tahani Hamed Abu Taleb

UAEU Law Journal

In this research, I tried to verify how the Egyptian Civil Law deals with the rule “Lesson in Contracts is for the Purposes and Meanings not for the Words and Says" which explains the contradiction between wordings of the contract and the real intent of the contracting parties, because it affects the parties’ obligations. For that purpose, understanding the rule from its origin (The science of the general rules of the jurisprudence) understanding its applications and verifying how other legislations deals with it is a must.

Although the Egyptian civil law has not mentioned this case, I tried to find …

The Informed Consent Doctrine In Legal Malpractice Law, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

The doctrine of informed consent is now deeply embedded into the law of legal ethics. In legal malpractice litigation, the doctrine holds that a lawyer has a duty to disclose to a client material information about the risks and alternatives associated with a course of action. A lawyer who fails to make such required disclosures and fails to obtain informed consent is negligent, regardless of whether the lawyer otherwise exercises care in representing a client. If such negligent nondisclosures cause damages, the lawyer can be held accountable for the client’s losses.

Shifting the focus of a legal malpractice action from …

The Implausibility Standard For Environmental Plaintiffs: The Twiqbal Plausibility Pleading Standard And Affirmative Defenses, Celeste Anquonette Ajayi

Washington Law Review

Environmental plaintiffs often face challenges when pleading their claims. This is due to difficulty in obtaining the particular facts needed to establish causation, and thus liability. In turn, this difficulty inhibits their ability to vindicate their rights. Prior to the shift in pleading standards created by Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, often informally referred to as “Twiqbal,” plaintiffs could assert their claims through the simplified notice pleading standard articulated in Conley v. Gibson. This allowed plaintiffs to gain access to discovery, which aided in proving their claims.

The current heightened pleading standard …

Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow

Washington Law Review

Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …

Civil Procedure Update 2021: New Mexico Annual Judicial Conclave, Verónica C. Gonzales

Faculty Scholarship

These materials are part of a presentation on civil procedure given to magistrate, district, appellate, and tribal court judges, justices, and staff attorneys in New Mexico courts. These materials include the language of approved and proposed amendments to the state and federal rules of civil procedure as well as summaries of relevant appellate cases issued by the New Mexico Supreme Court and Court of Appeals, the Supreme Court of the United States, and the Supreme Court of the Navajo Nation between May 1, 2021 to September 1, 2021.

The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani

Indonesia Law Review

Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energy, since not all States have the financial and technological potentials to develop this sector. Various investment agreements are signed to facilitate and promote investments. These instruments …

A Study On The Legal Status Of Removal Costs Of Oil Pollution From Ship Under Chinese Maritime Law, Weipeng Zhang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Constitutional Court Landscape Post - Arab Spring: A Survey Of Design, Dane Kirchoff-Foster

Indiana Journal of Constitutional Design

This is a case study seeking to survey the landscape of constitutional courts in the MENA region after the Arab Spring. To accomplish this, the case study identifies the traditional functions of constitutional courts, then analyzes the design features present in post-Arab Spring constitutional courts to determine how and to what extent these design features help – or hinder – each court in fulfilling its traditional functions. Analysis of design features will focus on (1) which (and how many) constitutional matters the court is empowered to decide (court jurisdiction), (2) the processes by which a court is presented a …

A Day At The Races In Black And White: How An 1898 Horse Race Led To A Whipping, A Lawsuit, And A 1901 Arrest, John A. Drobnicki

Publications and Research

After losing an 1898 horse race in the Bronx, New York, African-American jockey Alonzo ‘Lonnie’ Clayton, who had won the Kentucky Derby in 1892 at the age of fifteen, heard an insult from the crowd along the rail and struck a white spectator from Brooklyn across the face with his riding whip. The blow resulted in a two hundred dollar fine by the track stewards, but ultimately led to a civil trial, a financial judgment against Clayton that he ignored, and then an arrest and incarceration for non-payment of the judgment, which some writers mistakenly still claim was for race-fixing. …

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo

Dissertations

In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.

To address …

23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021, Office Of The Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha

School of Law Conferences, Lectures & Events

No abstract provided.

Analisis Yuridis Pemutusan Kontrak Kerjasama Pengadaan Barang Atau Jasa Secara Sepihak Antara Kontraktor Kontrak Kerjasama Industri Hulu Minyak Dan Gas Dengan Pelaksana Kontrak, Satria Winisuddha

"Dharmasisya” Jurnal Program Magister Hukum FHUI

in the implementation of services in a procurement contract for goods or service, parties that require services and goods are represented by the Pejabat Pembuat Komitmen (PPK), while the parties that provide the goods or services are called vendors. In the particular case of the Upstream Oil and Gas Industry, the ones who act as the Pejabat Pembuat Komitmen are the Cooperative Contract Contractor, What is meant by a Cooperative Contractor is that the company are the ones producing the upstream oil and gas. The process of agreement between the contractor and the contract executor must begin with agreement between …

Kewenangan Pelaksanaan Perizinan Investasi Oleh Pemerintah Daerah Berdasarkan Peraturan Perundang-Undangan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Peraturan perundangan- undangan Indonesia terhadap Pemerintahan daerah telah menganut sistem desentralisasi yang mana daerah telah mendapatkan kewenangan yang lebih besar untuk mengatur sendiri pemerintahannya, Adapun kewenangan propinsi, Kabupaten dan Kota, berdasarkan Pasal 13 dan Pasal 14 UU No 23 Tahun 2014, dapat digolongkan kepada urusan wajib yang menjadi kewenangan pemerintahan daerah dan urusan pemerintahan yang bersifat pilihan. Dalam pengaturannya setidaknya terdapat 31 sektor pemerintahan yang merupakan urusan pemerintahan yang di- desentralisasikan ke daerah baik yang terkait dengan urusan yang bersifat wajib untuk menyelenggarakan pelayanan dasar maupun urusan yang bersifat pilihan untuk menyelenggarakan pengembangan sektor ekonomi yang menjadi unggulan dari daerah. …

Akibat Hukum Yang Ditimbulkan Oleh Masa Depan Organisasi Perdagangan Regional, Rossa Amanda Santika

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Regional Trade Agreements (RTAs) are a prominent future of multilateral trading system. The number of RTAs has been increasing and this trend will be further strengthened by the many RTAs being proposed and those currently under negotiation the impasse in the Doha Round exacerbates the gap between the preferential and the MFN paths to trade liberalization. The proliferation of RTAs presents WTO Members with challenges and opportunities; the promotion of free trade through preferential agreements can foster trade liberalization and benefit economic development by integrating developing countries into the world economy; yet the development of complex networks of non-MFN trade …

Pencabutan Hak Memilih Dan Dipilih Terhadap Narapidana Tindak Pidana Korupsi Dalam Jabatan Publik, Rona Puspita

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The phenomenon of the proliferation of public officials and political figures who have been caught up in corruption cases has caused enough efforts by law enforcement officials to stop it. Article 10 letter b number 1 of the Criminal Code states that additional sanctions can be in the form of revocation of certain rights. This study aims to determine the regulation regarding revocation of the right to vote and be elected in public office as an additional crime for perpetrators of corruption in terms of human rights perspective. This research used descriptive analytical, which describes the facts in the form …

Implikasi Mengenai Pencabutan Peraturan Menteri Dalam Negeri Nomor 27 Tahun 2009 Tentang Pedoman Penetapan Izin Gangguan Di Daerah Sebagaimana Telah Diubah Dengan Peraturan Menteri Dalam Negeri Nomor 22 Tahun 2016 Terhadap Peraturan Daerah Provinsi Dki Jakarta Nomor 15 Tahun 2011 Tentang Perizinan Tempat Usaha Berdasarkan Undang-Undang Gangguan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

On March 29 2017, the Government issued a regulation of the Minister of Home Affairs of Republic of Indonesia Number 19 of 2017 concerning the revocation of regulation of the Minister of Home Affairs Number 27 of 2009 about the Guidelines for Determination of Disturbance Permit in Regions that were approved as amended by Minister of Home Affairs Regulation Number 27 of 2009 about Guidelines Establishment of Disturbance Permit in the Regions. The Government assesses that regulation of the Minister of Home Affairs Number 27 of 2009 on the guidelines for the Establishment of Disturbance Permit in the Region is …

Implikasi Undang-Undang Nomor 30 Tahun 2014 Tentang Administrasi Pemerintahan Terhadap Upaya Hukum Luar Biasa Dalam Sengketa Pertanahan, Rini Wulandari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

As stated in the Constitution of the Republic of Indonesia that the Indonesian state is a state based on the rule of law (rechtstaat). Indonesia as a state of law tends to be positivist, by creating laws and regulations as one of the fundamental instruments in running the country. The government regulates and restricts officials as well as citizens to act through legislation in order to materialize the country's goals. These restrictions are intended so that the authorities do not act arbitrarily because it has the potential in causing legal uncertainty and threats to justice acquired by the citizens. Meanwhile, …