Civil Law Commons^™

Submission To The Province Of Nova Scotia On Its Review Of The Intimate Images And Cyber-Protection Act - Leaf, Suzie Dunn, Rosel Kim

Reports & Public Policy Documents

The Women’s Legal Education and Action Fund (LEAF) commends the Nova Scotia government for reviewing its Intimate Images and Cyber-protection Act (the Act) and seeking public input for this review. Nova Scotia has been, and continues to be, a leader in Canada for its role in advancing innovative laws and supports for people targeted by technology-facilitated violence (TFV), digital abuse, and the non-consensual distribution of intimate images (NCDII). As these forms of harmful behaviour evolve and become better understood, it is important to revisit this legislation to assess whether it is providing meaningful and accessible responses to such serious social …

Is Extraterritoriality The Golden Ticket Out Of Corporate Liability? How The Modern-Day Willy Wonka’S Chocolate Factory Evaded Liability Under The Alien Tort Statute In Nestlé V. Doe, Alyaa Chace

Touro Law Review

The Alien Tort Statute (“ATS”) was drafted as part of the Judiciary Act of 1789. It was intended to provide federal courts with the jurisdiction to hear civil actions brought by foreign plaintiffs for torts committed in violation of the law of nations or other United States treaty. After a two-hundred-year dormancy period, the Statute has since been revived and become a vehicle by which foreign plaintiffs seek redress for environmental and human rights offenses carried out on foreign soil, often at the hands of United States corporations. However, the Supreme Court continues to limit the reach of the Statute, …

This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel

Touro Law Review

A boy with Autism comes home from school, visibly upset. His parents ask him why, and he responds that nobody in his class likes him. To his parents’ horror, they learn that their son’s teacher encouraged a class discussion about why they dislike their son. When the boy’s parents complain to the school about this issue, school administrators brush it aside. The next day, students sitting near the boy move their desks away from him and taunt him for the way he acts every time he tries to socialize with them. The boy then refuses to go to school each …

Belmore V. Petterutti, 253 A.3d 864 (R.I. 2021), Whitney A. Saunders

Roger Williams University Law Review

No abstract provided.

America's Lawyerless Courts: Legal Scholars Work To Recommend Large-Scale Changes In Lawyerless Civil Courts, Anna E. Carpenter, Colleen Shanahan, Jessica Steinberg, Alyx Mark

Other Faculty Publications

No abstract provided.

The Field Of State Civil Courts, Anna E. Carpenter, Alyx Mark, Colleen F. Shanahan, Jessica K. Steinberg

Faculty Scholarship

This symposium Issue of the Columbia Law Review marks a moment of convergence and opportunity for an emerging field of legal scholarship focused on America’s state civil trial courts. Historically, legal scholarship has treated state civil courts as, at best, a mere footnote in conversations about civil law and procedure, federalism, and judicial behavior. But the status quo is shifting. As this Issue demonstrates, legal scholars are examining our most common civil courts as sites for understanding law, legal institutions, and how people experience civil justice. This engagement is essential for inquiries into how courts shape and respond to social …

Lessons From A Pandemic: Recommendations From The Georgia Tpo Forum For Strengthening Protections Against Domestic Violence, Christine M. Scartz, Sarah White, Jaime Boorman

Scholarly Works

A civil protective order in Georgia is commonly called a temporary protective order, or TPO. The Georgia TPO Forum (the Forum) is a collaborative effort among practitioners who are deeply passionate about ending domestic violence and minimizing its effects on victims.1 The Forum is made up of advocates and attorneys who work every day with people who need protection from violence. Members provide each other not only with suggestions and solutions to problems, but also a listening ear in a profession where another tragic case is always on its way. The Forum is also uniquely positioned to offer recommendations about …

Collected Wisdom On Selecting Leaders And Managing Mdls, Elizabeth Chamblee Burch, Stephen Bough

Scholarly Works

Today, nearly one out of every two new suits filed in federal civil court is part of a multidistrict litigation (MDL). Initially designed to organize antitrust cases against electrical equipment manufacturers, MDL’s adaptability and minimal requirements made it the preferred approach for coordinating pretrial process for all manner of cases, from securities, employment, intellectual property, and antitrust to sales practices, common disasters, and products liability. Yet, the simplicity of MDL’s technical requirements—that cases are pending in different districts and share a common factual question—belie the complexity of the proceedings themselves. Governed principally by insiders’ unwritten but longstanding norms, both newly-appointed …

Perceptions Of Justice In Multidistrict Litigation: Voices From The Crowd, Elizabeth Chamblee Burch, Margaret S. Williams

Scholarly Works

With all eyes on criminal justice reform, multidistrict litigation (MDL) has quietly reshaped civil justice, undermining fundamental tenets of due process, procedural justice, attorney ethics, and tort law along the way. In 2020, the MDL caseload tripled that of the federal criminal caseload, one out of every two cases filed in federal civil court was an MDL case, and 97% of those were products liability like opioids, talc, and Roundup.

Ordinarily, civil procedure puts tort plaintiffs in the driver’s seat, allowing them to choose who and where to sue, and what claims to bring. Procedural justice tells courts to ensure …

Uzuegbunam V. Preczewski, Nominal Damages, And The Roberts Stratagem, Michael Wells

Scholarly Works

In Uzuegbunam v. Preczewski the Supreme Court held for the first time that federal-court jurisdiction exists over a § 1983 case that presents only a claim for nominal damages. As a result, such claims remain subject to adjudication even when the plaintiff’s request for prospective relief, targeting an allegedly unlawful practice, has been mooted by the government’s discontinuance of the thus-challenged behavior. In dissent, Chief Justice Roberts maintained that the majority’s ruling clashed with Article III’s “personal stake” requirement and also unwisely permitted plaintiffs to sidestep controlling jurisdictional rules by adding a meaningless claim for nominal damages to a complaint …

The Intersection Of The Rule In Yerkey V Jones And Contemporary Anti-Discrimination Law In Australia – Can The ‘Special Wives’ Equity Survive?, Kenneth Yin, Mostafa M. Naser

Research outputs 2022 to 2026

The High Court in Yerkey v Jones considered the enforceability of a guarantee provided by a married woman to secure her husband’s debts. Dixon J said that although the relationship of husband and wife did not give rise to a presumption of undue influence, the law had never been divested completely of ‘the equitable presumption of an invalidating tendency’. Dixon J’s formulation was essentially adopted by the majority justices in Garcia v National Australia Bank and their judgment thus represents the definitive endorsement of Dixon J’s view. Kirby
J on the other hand rejected ‘the stereotype underlying Yerkey’, which he …

Potensi Pengembangan Wakaf Saham Sebagai Objek Wakaf Baru Di Indonesia: Perspektif Hukum Islam, Fahrul Fauzi

Jurnal Hukum & Pembangunan

Share waqf is holding one or more shares owned by wakif in a company that is engaged in a field that is permitted under sharia, the profits of which are used according to the purpose of waqf both for public and private in the framework of worshiping Allah SWT. The regulation of share waqf in Indonesia is still incorporated in the provisions of waqf in general. The existence of this regulation is the result of ijtihad by Indonesian ulama who adjusts to the needs and current social conditions. Shares in Islamic law are categorized as a form of Syirkah. The …

Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw

Theses and Dissertations

Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services and construction of public facilities like bridges, infrastructures and public buildings. A public contract is an agreement to perform particular tasks financed by government funds to the benefit of the whole community. Private entities and corporations are subject to stricter standards in their dealings with the government than in private transactions. Conversely, the government must deal fairly and equitably with those who it contracted with to achieve successful implementation of the projects. On October 3, 2018, a new Egyptian public procurement law, namely, …

One Vote, Two Votes, Three Votes, Four: How Ranked Choice Voting Burdens Voting Rights And More, Brandon Bryer

University of Cincinnati Law Review

No abstract provided.

Community Empowerment In Decarbonization: Nepa’S Role, Wyatt G. Sassman

Washington Law Review

This Article addresses a potential tension between two ambitions for the transition to clean energy: reducing regulatory red-tape to quickly build out renewable energy, and leveraging that build-out to empower low-income communities and communities of color. Each ambition carries a different view of communities’ role in decarbonization. To those focused on rapid build-out of renewable energy infrastructure, communities are a potential threat who could slow or derail renewable energy projects through opposition during the regulatory process. To those focused on leveraging the transition to clean energy to advance racial and economic justice, communities are necessary partners in the key decisions …

The Temptation Of Cosmic Private Law Theory, Nathan B. Oman

Faculty Publications

It’s a heady time to be a theorist of private law. After decades of vague post-Realist functionalism or reductive economic theories, the latest generation of private law theorists have provided a proliferation of new philosophies of tort, contract, and property. The result has been a tremendous burst of intellectual creativity. While Kant and Hegel have been dragooned into debates over torts and contracts and even such supposedly wooly headed thinkers as Coke and Blackstone have been rehabilitated, there have been fewer efforts to generate natural law accounts of private law than one might expect, particularly in light of the revival …

Survey Of State Laws Governing Continuances And Stays In Eviction Proceedings, Ryan Sullivan

Nebraska College of Law: Faculty Publications

The Survey contains both a cumulative and detailed account of the laws and rules of each state governing continuances, adjournments, and stays in residential eviction proceedings. The Survey compares the laws of each state on several aspects, including the standard for obtaining a continuance, the allowable length of the continuance, whether a bond must be paid, and any other restriction or limitation placed on the party seeking to continue an eviction proceeding. The Survey also includes a listing of state statutes that provide a residential tenant a right to redeem the property upon payment of rent prior to the execution …

Parental Leave Policy And It's Impacts On Educators In Public Schools., Tahy Addison

Symposium of Student Scholars

Parental Leave and it’s impacts on educators within public schools. Tahy Addison Candidate for the B.S. in Human Services with a concentration in Nonprofit Management and Social Innovation Department of Social Work and Human Services

Dr. Jennifer A. Wade-Berg, Research Mentor

Abstract

Public Law 103-3 cited as the Family and Medical leave Act of 1993, was enacted to grant family and temporary medical leave under certain circumstances. The Family Medical Leave Act (FMLA) was created for Americans who feel that their career takes valuable time away from their children and loved ones. FMLA allows eligible employees up to 12-weeks of …

Pemenuhan Hak Konstitusional Untuk Warga Negara Indonesia Melalui Program Perhutanan Sosial, Yusuf Adiwinata Damanhuri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Social Forestry as a forest management system based on the independence and participation of local communities, ensuring the participation of the community's direct role in forest development can provide maximum benefits to local communities and indigenous peoples. Indonesia, as one of the countries that began to initiate social forestry programe, through the ministry of Environment and Forestry of the Republic of Indonesia, has provided legal certainty for the local community and indigenous people to obtain forest access as requested. Various types of social forestry schemes, namely Village Forests, Customary Forests, Community Plantation Forests, Community Forests, Community Forests, and Forestry Partnerships …

Tinjauan Yuridis Perbuatan Melawan Hukum Terhadap Cacat Badan Di Indonesia, Yulianto Manurung

"Dharmasisya” Jurnal Program Magister Hukum FHUI

One of the categories of acts against the law stipulated in Article 1365 to 1380 of the Civil Code is an unlawful act that causes bodily defects as stipulated in Article 1371 of the Civil Code What often causes problems in practice is the calculation of the amount of material compensation that must be given to victims who have disabilities as a result of unlawful acts because the Civil Code does not provide clear and complete benchmarks regarding this matter. Arrangements regarding compensation to victims of acts against the law especially those that cause bodily disabilities for the victim have …