Civil Law Commons^™

A Case For Reforming The Anti-Money Laundering Regulatory Regime: How Financial Institutions’ Criminal Reporting Duties Have Created An Unfunded Private Police Force, Christopher Wilkes

Indiana Law Journal

Part I of this Note provides background information outlining the relevant BSA/AML laws that establish financial institutions’ affirmative duties to report financial crimes. Part II analyzes the contours of other laws that create mandatory criminal reporting obligations, including their extent, their underlying justifications, and how stringently government agencies enforce them. Part III demonstrates how financial institutions’ reporting duties are uniquely stringent and punitive compared to those imposed elsewhere in the law, and it questions the justifications of this policy. Lastly, Part IV of this Note argues that the BSA/AML regulatory regime could be reformed to reduce the costs and duties …

Emergency Petition For Writ Of Habeas Corpus, Injunctive, And Declaratory Relief - Class Action, Joseph Mead, David J. Carey, Mark A. Vander Laan, Freda Levenson, David Singleton

Law Faculty Briefs and Court Documents

As a tragic combination of infectious and deadly, COVID-19 poses a once-in-a-lifetime threat on a worldwide scale. Every state and territory in the United States has now been impacted, with nearly half a million cases and over 20,000 deaths reported to the Centers for Disease Control and Prevention (CDC). Even under ordinary conditions, each person who contracts this illness can be expected to infect between 2 and 3 others.

Cramped, overcrowded prisons amplify this threat. With thousands of people literally stacked on top of each other and unable to move around without rubbing shoulders, such environments are fundamentally incompatible with …

Law School News: Rwu Law Professors File Emergency Covid-19 Lawsuit 04-12-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Modern-Day Witch Hunts: How The Mental Health Industry Abuses Patients And The Judiciary While Committing Fraud, Joan L. Roberts Mrs.

Conspectus Borealis

No abstract provided.

The Activity Of Startups As An Object Of Civil Law, Z. Akbar

Review of law sciences

The article discusses the views on startups as an object of civil law and identifies its features. At the same time, the article analyzes the sphere of relations related to the emergence and registration of rights of startup projects, the transfer of startup projects rights to third person, state registration of startups as a structure, as well as contracts on investing startup projects.

Transitional Competition Model For Misleading Advertising Regulation In Uzbekistan: An Alternative Approach, B. Khodjaev

Review of law sciences

The complexity of the regulation of misleading advertising requires to provide balance of competitors, consumers and government interests in the market. Competition law and policy is the main tool to provide competitive process, economic efficiency and consumer welfare to all participants in the market. Each country designs its own competition law and policy based on a particular model, including domestic socio-economic prerequisites. There are two common competition law models, Traditional and Modern Competition Law Models, which majority of countries employed. The developed countries have already shifted from traditional to modern competition law model, while the most of developing countries are …

Procedural Features Of The Consideration Of Cases In The Court Of Inheritance, D. Khabibullaev

Review of law sciences

This article analyzes the procedural features of the trial of inheritance disputes. In particular, the difference between these types of cases from other civil cases, that is, the admissibility of procedural succession in the consideration of cases of inheritance, the mandatory participation of all adult heirs in the case, the consideration of such categories of cases in a lawsuit and special order. The article also analyzes judicial practice and court statistics related to the trial of succession cases. And also, the problematic issues arising in the course of judicial proceedings on inheritance cases were considered and proposals and recommendations for …

Issues Of Legal Regulation Of Relations Related To Information And Communication Technologies, K. Mekhmonov

Review of law sciences

The article discusses the legal issues of using artificial intelligence in jurisprudence. The author analyzes the legislation and law enforcement practice of foreign countries such as the USA, Great Britain, Australia, Russia, Kazakhstan, as well as the resolution of the European Parliament and the WIPO materials on the use of artificial intelligence. The features of the legislation and practice of the Republic of Uzbekistan on the use of artificial intelligence are revealed. In conclusion, the author gives reasonable conclusions on the improvement of legislation in relation to artificial intelligence in jurisprudence.

Civil Law Issues Of Land Ownership Formation, O. Xolmo'minov

Review of law sciences

The article deals with the civil law issues of the formation of land ownership. The civil law issues of the formation of land ownership based on the experience of foreign countries are also studied, theoretical and practical recommendations for improving the legislation of this problem are given.

Digital Civil Turnover: A Targeted And Conceptual Scientific And Theoretical Approach, Sh. Ruzinazarov

Review of law sciences

This article examines the role and importance of civilian science and a new trend in fundamental research in their priority areas. In it, based on the scientific direction of the digital economy, the conclusions and proposals on current problems of civil law are justified.

On The Issue Of Responsibility Of A Sports Fan In The Republic Of Uzbekistan, E. Musaev

Review of law sciences

The article deals with the influence of physical culture and sports on the healthy lifestyle of the population, the image of the country, the importance and necessity of legal regulation of relations in the field of physical culture and sports in the Republic of Uzbekistan, the responsibility of subjects in the field of sports. Also mentioned is the regulation at the legislative level of the legal status of the fan, his responsibility, security during sports competitions. Special attention is offered to pay to specific sports sanctions. On the basis of the analysis of the national and foreign legislation the proposals …

Euthanasia Of The Coronavirus - Covid-19, Sheila P. Davis

Journal of Health Ethics

At the time of this editorial, COVID-19, aka the Novel Coronavirus, has wrecked havoc and left in its path of destruction, death, unemployment, the instability of nation’s economies, misery, uncertainty, despair, and a fear regarding what the new tomorrow will look like. And, perhaps more importantly, the question of who will be here tomorrow lingers. Now classified as a pandemic, this virus has resulted in over 1,381,014 cases worldwide with 78,269 deaths to date. Presently, Louisiana and Detroit are emerging as the next hot spots behind New York as the fastest rate of increase for COVID-19 cases in the world. …

Emerging From Davy Jones’ Locker: The Revival Of Counterclaims Against Government In Civil Forfeiture Actions, Jack B. Harrison, Brendan Sullivan

Marquette Law Review

The thesis of this Article is that a claimant in a civil forfeiture proceeding can assert a counterclaim against the United States government. This assertion is based upon the scope of the Supplemental Rules and in rem jurisdiction.

In Re Raggio Family Trust, 136 Nev. Ad. Op. 21 (Apr. 9, 2020), Aariel Williams

Nevada Supreme Court Summaries

The Court determined that neither the language in the trust instrument nor NRS 163.4175 requires the trustee to consider the beneficiary’s other assets before making distributions from the trust.

Jaramillo V. Ramos, 136 Nev. Adv. Op. 17 (Apr. 2, 2020), Jose Tafoya

Nevada Supreme Court Summaries

The Court found a plaintiff is not required to provide expert testimony to survive a defendant’s summary judgment motion when the plaintiff is relying on the res ipsa loquitur statute’s prima facie case of negligence. Rather, plaintiff must only establish facts that entitle it to a rebuttable presumption of negligence under Nevada’s res ipsa loquitur statute. Whether a defendant can rebut the presumption through their own expert testimony or evidence is a question of fact for the jury.

Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence

Dickinson Law Review (2017-Present)

No abstract provided.

No.49 - April 2020, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Victim V. Victim Restitution: The Commingling Fictions, Andrew Kull

St. Mary's Law Journal

Abstract forthcoming.

Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang

St. Mary's Law Journal

As China develops its modern jurisprudence it faces a choice between emulating the legal frameworks of civil law countries or common law countries. Thus far, the civil law path has allowed for a rapid expansion of Chinese tort law, but jurists have found difficulty in applying such generalized statutory schemes with the absence of supporting judicial interpretation. Cognizant of the differences between the public policy of common law countries and China, Vincent Johnson’s Mastering Torts (Měiguó Qīnquán Fǎ) provides this guidance through the lens of American tort law. The hornbook takes care to simplify the role of judicial …

Cummings V. Barber, 136 Nev. Adv. Op. 18 (April 2, 2020), Alexis Taitel

Nevada Supreme Court Summaries

No abstract provided.