Common Law Commons^™

Prejudice Standards In Washington’S Appellate Courts, Andrew B. Van Winkle

Seattle University Law Review

When an appellate court finds an error to have occurred during a proceeding, the error is not yet subject to correction. In order to merit a remedy, the error must have been sufficiently prejudicial to the aggrieved party’s case. Drawing the line between correctable and non-correctable errors is not an easy task, for it often requires guessing at what was in the minds of jurors and trial judges. To cope with this task, courts have devised various rules and tests for deciding whether an error was likely prejudicial or not. These standards often go by names such as “harmless error,” …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Quick And The Dead (And The Transported), Manushag N. Powell

ABO: Interactive Journal for Women in the Arts, 1640–1830

In most nations that still execute prisoners—including the U.S.—it is illegal to execute a pregnant person. In English common law, women have been permitted to “plead the belly” in one form or another since the 14^th century, and this fact is sometimes misconstrued by anti-choice and forced-birth advocates as evidence of a long legal tradition of protection for the lives of fetuses. In fact, it is merely evidence of a long history of legal inconsistencies in the ways laws were applied and sentences carried out against women, for whom there were fewer options for clemency than for men. This …

Common Law Statutes, Charles W. Tyler

Notre Dame Law Review

The defining feature of a “common law statute” is that it resists standard methods of statutory interpretation. The category includes such important federal statutes as the Sherman Act, § 1983, and the Labor Management Relations Act, among others. Despite the manifest significance of common law statutes, existing caselaw and legal scholarship lack a minimally defensible account of how courts should decide cases arising under them. This Article supplies such an account. It argues that judges should decide cases arising under common law statutes by applying rules representing a consensus among American courts today—i.e., rules that jurisdictions generally have in common. …

An Originalist Approach To Prospective Overruling, John O. Mcginnis, Michael Rappaport

Notre Dame Law Review

Originalism has become a dominant jurisprudential theory on the Supreme Court. But a large number of precedents are inconsistent with the Constitution’s original meaning and overturning them risks creating enormous disruption to the legal order. This article defends a prospective overruling approach that would harmonize precedent with originalism’s rise and reduce the disruption from overrulings. Under prospective overruling, the Court declares that an existing statute violates the original meaning but will continue to be enforced because declaring it unconstitutional would produce enormous costs; however, future statutes of this type will be voided as unconstitutional. Under our approach, the Court would …

Institutional Liability For Sexual Violence In Prisons Based On Theaided-By-Agency Theory, Tori Klevan

Fordham Law Review

Sexual assault perpetrated by correctional officers in prisons and jails is a pervasive problem in women’s correctional facilities. However, victims who choose to pursue a civil action rarely recover damages for their injuries because our legal system fails to provide adequate options for relief. This failure leaves victims uncompensated and disincentivizes correctional institutions from implementing effective preventative measures. Part of the reason for this failure is that most U.S. courts refuse to hold employers liable for sexual violence committed by their employees. They find that employers cannot be held liable for the tortious conduct of their employees unless the conduct …

A Revisionist History Of Products Liability, Alexandra D. Lahav

Michigan Law Review

Increasingly courts, including the Supreme Court, rely on ossified versions of the common law to decide cases. This Article demonstrates the risks of this use of the common law. The main contribution of the Article is to demonstrate that the traditional narrative about early products law—that manufacturers were not liable for injuries caused by their products because the doctrine of privity granted producers immunity from suit by the ultimate consumers of their goods—is incorrect. Instead, the doctrinal rule was negligence liability for producers of injurious goods across the United States in the nineteenth century. Courts routinely ignored or rejected privity …

Perlindungan Hukum Bagi Pembeli Terhadap Gugatan Pembatalan Jual Beli Tanah Oleh Para Ahli Waris Penjual, M Waldi Ali Soraya, Lauditta Humaira ,S.H.,M.Kn.

Lex Patrimonium

In the implementation of the Sale and Purchase Binding Agreement Deed, a dispute may occur. For example, if the land being sold is an inheritance. For example, one of the sellers does not approve of the sale and purchase, or the land is sold by someone who is not an heir. Of course the buyer will be disadvantaged. The aim of the research is to find out the legal provisions governing the unilateral cancellation of the PPJB, to explain the determination of unlawful acts and to analyze the legal protection for buyers in land sale and purchase agreements which are …

Perbandingan Rechtsverwerking Sebagai Doktrin Hukum Di Indonesia Dan Doktrin Estoppel Di Amerika Serikat Pada Bidang Hukum Perjanjian, Joseph Noviandri, Togi Marolop Pangaribuan

Lex Patrimonium

This journal discusses the scope of rechtsverwerking as a doctrine known as the ‘waiver of rights’ doctrine. rechtsverwerking refers to a situation where someone possesses a certain right but does not exercise it within a specific period, which may result in the loss of that right. This concept of waiving rights is widely recognized, As exemplified by Article 32 paragraph (2) of Government Regulation No. 24 of 1997 concerning the release of land rights, the application of the rechtsverwerking doctrine should no longer be used as the basis for releasing land rights, as legislation takes precedence over doctrines in the …

Perlindungan Hukum Terhadap Pemegang Perjanjian Pengikatan Jual Beli Atas Tanah Dimana Sertifikat Tanah Berada Dalam Penguasaan Bank (Studi Putusan Nomor 751 Pk/Pdt/2019), Ahmad Raihan Imani Setiawan, Abdul Salam

Lex Patrimonium

The dynamic and evolving nature of the law, which also gives rise to complexities in societal issues, requires legal certainty, especially concerning the legal protection for parties involved in a Sale and Purchase Agreement (PPJB). The purpose of this paper is to understand the legal position of the buyer based on a PPJB for land and buildings concerning the land that has been used as collateral by the seller to a bank. Additionally, it aims to determine whether the judge’s considerations were appropriate in providing legal protection to the buyer based on the PPJB, as per the verdict Number 751 …

Law’S Sexual Infections, Kyle Kirkup

Dalhousie Law Journal

In 2019, the House of Commons Standing Committee on Justice and Human Rights published its study on the criminalization of HIV non-disclosure in Canada. The report recommended removing HIV non-disclosure from sexual assault laws in Canada. This constituted a welcome development for many HIV advocates. Yet other recommendations proved more controversial. In order to counter the exceptional targeting of HIV, the Committee proposed an offence for the non disclosure of all infectious diseases. This article uses the proposal to develop three arguments. First, the idea of creating an offence for all infectious diseases finds its origins in criminal laws dating …

Mixing Mathematics And Morality: Precarity And Moral Hazard In Employment Insurance And Personal Insolvency Law, Anna J. Lund

Dalhousie Law Journal

This article examines how financially precarious Canadians face particular challenges to accessing the benefits of employment insurance and personal insolvency because these two systems include features designed to guard against moral hazard. However, these design features do not adequately account for how an increasing number of Canadians are precariously employed and precariously indebted. This article synthesizes the research on precarious employment in Canada, and uses it to suggest how one might conceptualize precarious indebtedness. It then traces how the Canadian employment insurance and personal insolvency systems treat characteristics of financial precarity as evidence of misconduct. As a result, precariously employed …

America’S Two Pastimes: Baseball And Constitutional Law; Review Of Adrian Vermeule, Common Good Constitutionalism, Paul J. Larkin

Catholic University Law Review

For the last 50 years, the two prevailing constitutional interpretation methodologies have been Originalism and Living Constitutionalism. The former treats the Constitution almost like a contract and demands that interpreters focus on the ordinary contemporary understanding its terms would have received when they became law. The latter treats the Constitution as a charter for the structure of a new government that would survive and mature as needed to protect both the nation and its people as new threats to government and civil liberties arise. Professor Adrian Vermeule’s book Common Good Constitutionalism offers a new approach to constitutional interpretation, one that …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Reforming The Mississippi Criminal Code Part Iv: Offenses Against Property; Theft And Related Crimes, Judith J. Johnson

MC Law Review

Clear and fair criminal laws are foundational to criminal justice, and any meaningful reform effort should begin with the criminal laws. The Mississippi Code has been justifiably criticized as often being neither clear nor fair. This article about reforming the theft crimes is the fourth in a series of articles advocating for change to the Mississippi criminal laws. The first article explained why change is needed. Briefly, Mississippi criminal laws have been justifiably criticized because of gross sentencing disparities, vague definitions of the conduct prohibited, as well as confusing or absent definitions of states of mind required to commit the …

Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …

Contractual Freedom: A Fundamental Right? A Reading Of The Texts Of Tunisian Law, Hafidh Kithem Dr.

UAEU Law Journal

public law. Which makes his access to private law and getting closer of contractual freedom impossible, if we recall "Rohm": “The wall separating the two branches of law is more robust than the Berlin Wall”.

It should also be recognized that the encounter between "contractual freedom" and "fundamental right" is not a simple matter because of a spice-time difference. The "fundamental right" (the young man) - in contrast to contractual freedom, which was likened to the old woman - is a modern concept.

But transcending the barriers of time and space seems to be an urgent need, perhaps because this …

Lost: Heritage Stock. The Heritage Property Act And Heritage Conservation In Downtown Halifax, Nova Scotia, Eliza Richardson

Dalhousie Law Journal

This article considers heritage conservation in Halifax, examining the Heritage Property Act and its implementation. As one of the oldest cities in Canada, Halifax, Nova Scotia was graced with an abundance of built heritage. However, historic properties have been disappearing at an alarming rate, with 41 per cent of potential heritage buildings in downtown Halifax, Nova Scotia having been demolished since 2009. This article argues that the current approach to heritage conservation in Halifax is nominally successful but consistently falls short of the spirit in which it was enacted. The Act performs well in specific situations, namely where the owners …

A Comparative Law Guide To A Post-Dobbs America, James Hart, Flore Foulon

Cardozo Journal of Equal Rights & Social Justice

The article argues that the U.S. Supreme Court's Dobbs v. Jackson Women’s Health Organization decision, which overturned *Roe v. Wade* and Planned Parenthood v. Casey, necessitates a federal legislative solution to restore abortion rights. Drawing on France's civil law system, the article proposes a clear, comprehensive federal law that guarantees absolute abortion rights pre-viability and includes safeguards post-viability. It emphasizes the need for consistency and clarity, similar to France's approach, to address the legal void left by *Dobbs* and ensure uniform protections across all U.S. states.

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.