Civil Law Commons^™

Mcnamee V. Eighth Judicial District Court, 135 Nev. Adv. Op. 52 (Oct. 17, 2019), Alfa Alemayehu

Nevada Supreme Court Summaries

The Court overruled Barto v. Weishaar, partly granted the petitioner’s writ of mandamus, and held that if a suggestion of death is properly served, the 90-day deadline to file a motion to substitute is triggered regardless of which party files it and whether it identifies the deceased party’s successor or representative.

It's Not The Robot's Fault! Russian And American Perspectives On Responsibility For Robot Harms, Bryant Walker Smith, Andrey Neznamov

Faculty Publications

No abstract provided.

Contracting For Healthcare: Price Terms In Hospital Admission Agreements, George A. Nation Iii

Dickinson Law Review (2017-Present)

This article discusses the application of contract law principles to the relationship between hospitals and patients to determine how much patients owe for the health care they receive. For patients who are covered by in-network health insurance the exact nature of the contract created with the hospital usually is not relevant to the patient’s financial obligation because the patient’s contract with the hospital is superseded by the contract between the patient’s health insurer and the hospital. Nevertheless, even in-network patients are financially impacted, via increased insurance premiums, by the contract analysis discussed here, and for the increasing number of patients …

Bankruptcy’S Class Act: Class Proofs Of Claim In Chapter 11, Tori Remington

Dickinson Law Review (2017-Present)

When a business files for protection under Chapter 11 bankruptcy, it must begin to pay off its debt by reorganizing or liquidating its assets. Oftentimes, both processes include terminating employees to reduce the business’s expenditures. As a result of these terminations, former employees might file a “class proof of claim” against the business to preserve any claims of unpaid wages or violations of federal law.

Whether a group may file a class proof of claim against a debtor in bankruptcy remains unclear. The Tenth Circuit has rejected the class proof of claim in bankruptcy. The remaining circuit courts that have …

The Future Of Dairy Cooperatives In The Modern Marketplace: Redeveloping The Capper-Volstead Act, Sarah K. Phillips

Dickinson Law Review (2017-Present)

Agriculture plays a fundamental role in the U.S. economy as a multibillion-dollar industry that feeds people all over the world. However, over the past decade, the dairy industry in particular has changed from a reliable sector of the greater agricultural industry into an unsettled, politically-charged, and fractured group. Dairy farmers’ consistently receiving low milk prices has facilitated this divide. Tired of being ignored and underpaid, dairy farmers are demanding change in the current dairy market structure.

Federal Milk Marketing Orders and a variety of statutes regulate the dairy industry, but the 1922 Capper-Volstead Act remains the most notable piece of …

Physical Presence Is In No Wayfair!: Addressing The Supreme Court’S Removal Of The Physical Presence Rule And The Need For Congressional Action, Claire Shook

Dickinson Law Review (2017-Present)

The Commerce Clause of Article I grants Congress the power to regulate commerce. In the past, an entity had to have a physical presence in a state for that state to impose taxes on the entity. Due to the changing landscape of online businesses, the U.S. Supreme Court decided in South Dakota v. Wayfair in June 2018 to remove the physical presence rule as it applied to the Commerce Clause analysis of state taxation. The Wayfair decision’s ramification is that states can now impose taxes on businesses conducting sales online without having any physical presence in those states. While the …

Death Be Not Strange. The Montreal Convention’S Mislabeling Of Human Remains As Cargo And Its Near Unbreakable Liability Limits, Christopher Ogolla

Dickinson Law Review (2017-Present)

This article discusses Article 22 of the Convention for the Unification of Certain Rules for International Carriage by Air (“The Montreal Convention”) and its impact on the transportation of human remains. The Convention limits carrier liability to a sum of 19 Special Drawing Rights (SDRs) per kilogram in the case of destruction, loss, damage or delay of part of the cargo or of any object contained therein. Transportation of human remains falls under Article 22 which forecloses any recovery for pain and suffering unaccompanied by physical injury. This Article finds fault with this liability limit. The Article notes that if …

No.48 - October 2019, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Flor Freire V. Ecuador, Raymond Chavez

Loyola of Los Angeles International and Comparative Law Review

This case is about the discharge from duty of a Second Lieutenant of the Ecuadorian army who had been accused of engaging in homosexual conduct. The Court found violation of several articles of the American Convention. The violation of the prohibition of discrimination is the most significant one.

Perjanjian Asuransi Pertanian Pada Program Ketahanan Pangan Oleh Pemerintah, Zahry Vandawati, Rizki Dermawan, Hilda Sabrie

Jurnal Hukum & Pembangunan

In an effort to achieve food security, the government seeks to protect agricultural products by means of agricultural insurance programs. The insurance company is liable to compensate farmers in case of losses incurred by risks such as floods, droughts and plant disturbing organisms. Legal protection for farmers is given in accordance with the rights of peasants mandated by the Law. This research uses a type of normative legal research to find the rule of law, legal principles, and relevant legal doctrines and conduct a study of legal concepts. The approach method used in this research is the legislative approach and …

Tanggung Jawab Notaris Sebagai Pemberi Kerja Dalam Hal Terjadi Perbuatan Melawan Hukum, Siti Hajati Hoesin

Jurnal Hukum & Pembangunan

Notaries need the help of others to carry out their duties and authorities in making authentic deeds. Other people who work help the Notary, do work in the Notary's office, as a worker. Workers become Notary employees or not become Notary employees, which is only limited to doing the work given by Notaries. In connection with the implementation of the position of a Notary Public there is a possibility that an unlawful act will occur by a person who does work at the Notary Office. When an act of unlawfulness occurs at the Notary's Office, the Notary will be held …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Waste Mgmt. Of Nev., Inc. V. W. Taylor Street, Llc., 135 Nev. Adv. Op. 21 (Jun. 27, 2019), Trisha Delos Santos

Nevada Supreme Court Summaries

The Court determined that (1) the district court properly determined that garbage liens are perpetual; (2) that the district court erred in applying the lien perfection requirements contained in NRS 108.226; and (3) erred in applying the two-year statute of limitations contained in NRS 11.190(4)(b) to the foreclosure of those liens under NRS 444.520.Therefore, a garbage lien is not subject to a statute of limitations and a municipal waste management company may foreclose upon such a lien under NRS 444.520(4).

Saticoy Bay Llc V. Nev. Ass’N Servs., 135 Nev. Adv. Op. 23 (Jul. 3, 2019), Katrina Fadda

Nevada Supreme Court Summaries

The Court held that (1) under Nevada's HOA foreclosure redemption statute NRS 116.31166(3) a homeowner may use proceeds from the foreclosure sale to go towards redemption of the property; and (2) that sufficient compliance with the statute is enough to satisfy the statute's requirements.

"Body" Building: Expanding Arkansas's Standard For Holographic Wills, Andrew L. Lawson

Arkansas Law Review

In times past, entirely handwritten documents represented the vast majority of holographic wills. These homemade testaments included dense pages of text that the drafter diligently memorialized by hand, carefully crafted letters with testamentary directions to the author’s loved ones, and unassuming notes tucked away in a drawer, perhaps with names, proportions, and shorthand property descriptions. If a probate court encountered a holographic testament, odds were that it resembled these traditional examples.

Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans

Dignity: A Journal of Analysis of Exploitation and Violence

George Soros and Open Society Foundation are supporting the decriminalization of prostitution by funding organizations around the world to advocate for this legal change. Heather Brunskell-Evans (FiLiA podcasts, London) interviews Jody Raphael, Senior Research Fellow, Schiller DuCanto & Fleck Law Center, DePaul University College of Law, Chicago, Illinois, USA, about her research on this topic and discusses her article "Decriminalization of Prostitution: The Soros Effect."

The Practitioner’S Guide To Properly Responding To Requests For Disclosure Under The Texas Discovery Rules, Robert K. Wise, Kennon L. Wooten

St. Mary's Law Journal

Discovery, a pretrial procedure used to obtain information relating to the litigation, generally is the largest cost of civil litigation. By its very nature, discovery also is intrusive and invasive. Many practitioners are quick to dispute discovery requests, slow to produce information requested, and all too-eager to object at every stage of the discovery process.

This article relates to one of the most common types of written discovery—Texas Rule of Civil Procedure 194 disclosure requests, the responses to which are often incomplete and inadequate. Disclosure requests provide inexpensive, basic discovery without the delay relating to objections or work-product assertions. This …

The Normativity Of Possibilities And Ideals, Tvsi Blanchard

Cardozo Law Review

To begin, Arthur, I want to say to you, that it's privilege for me to be a part of this event that honors you. We've known each other for a long time and I, as all of us here, have always recognized your intellectual capability and deep insight. But I also want to add here that you are at the same time a very kind, caring person. In many ways, you are the embodiment of what I would hold the most important Jewish value of Chesed, loving-kindness. For me it is an inspiration to know you.

Acting Black: An Analysis Of Blackness And Criminality In Film, Blake Edwards

Master's Theses

This thesis will attempt to answer how films deal with blackness and crime, specifically when intersecting with the concepts of exploitation, appropriation, whiteness and the criminality of the black body. While not entirely the root of the negative perceptions of African-Americans in the United States, the manner in which African-Americans are portrayed in motion picture media influences how their presence is seen in society. This thesis will examine specific films that include elements dealing with the listed factors and what effects they may or may not have.

Peña-Rodriguez V. Colorado: Carving Out A Racial-Bias Exception To The No-Impeachment Rule, John Austin Morales

St. Mary's Law Journal

The Sixth Amendment safeguards an accused in criminal proceedings and affords them “the right to a speedy and public trial, by an impartial jury.” Consistent with this right, the no-impeachment rule prohibits a juror from testifying after a verdict has been handed down about the jurors’ deliberations. While there are limited exceptions to the no-impeachment rule, juror expressed racial bias is not one of them. When presented with the dilemma of a juror using racial bias in deliberations, courts must weigh two competing doctrines that serve as the foundation to our judicial system: (1) affording a defendant his or her …