Common Law Commons^™

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.

Judicial Biography In The British Empire, Victoria Barnes, Emily Whewell

Indiana Journal of Global Legal Studies

This article adds to the biographic ''turn" in legal studies. While there is a large body of scholarship examining judges in the United States and the United Kingdom, comparatively little is written on their legal counterparts in the common law world. What can judicial biographies offer for comparative law? Do these studies generate useful information about the movement of law? What can be gained by a better awareness of the lives of those at the top of the colonial legal profession? This article shows that within the common law world, judges, like those in the United States and the United …

But Why Him? A Review Of The Tenth Justice: Judicial Appointments, Marc Nadon, And The Supreme Court Act Reference, By Carissima Mathen And Michael Plaxton, Andrew Flavelle Martin

Dalhousie Law Journal

To the great benefit of the Canadian legal community and the Canadian public, the authors have created an extensive, concise, and highly readable account of the Nadon saga. Anyone unfamiliar with the purported appointment of Justice Nadon to the Supreme Court of Canada, the Reference re Supreme Court Act, ss 5 and 6 (also known as the Nadon Reference), and the aftermath will find this book invaluable. I expect this work will become the definitive and authoritative account of this saga and that it will be indispensable to future scholars.

I begin this review with a brief overview of the …

Landlord Bounty Hunters: Qui Tam As An Effective Tool For Housing Code Enforcement, Alex Ellefson

Journal of Law and Policy

Millions of American renters live in substandard housing. Conditions in these homes not only affect individual renters’ quality of life, but in the aggregate create enormous burdens on public resources in the form of higher healthcare costs, demand for public benefits, and lower economic productivity. Furthermore, the legacy of racist housing policies in the United States has concentrated poor housing conditions in low-income communities of color. This Note argues that existing methods of housing code enforcement are inadequate. Instead, housing advocates should turn to an ancient remedy that has been used to prosecute fraud, labor violations, and even pirates: qui …

Inheritance Crimes, David Horton, Reid Kress Weisbord

Washington Law Review

The civil justice system has long struggled to resolve disputes over end-of-life transfers. The two most common grounds for challenging the validity of a gift, will, or trust— mental incapacity and undue influence—are vague, hinge on the state of mind of a dead person, and allow factfinders to substitute their own norms and preferences for the donor’s intent. In addition, the slayer doctrine—which prohibits killers from inheriting from their victims—has generated decades of constitutional challenges.

But recently, these controversial rules have migrated into an area where the stakes are significantly higher: the criminal justice system. For example, states have criminalized …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Divorce Without Marriage: Taxing Property Transfers Between Cohabiting Adults, Keeva Terry

University of Cincinnati Law Review

No abstract provided.

Civil Disobedience From A Biblical Perspective, Gabriel Reed

Helm's School of Government Conference - 2021-2024

To say that civil disobedience is a complicated topic is to severely understate the topic. It is a subject matter that has derived many different and disparate opinions, points of view, and public policies. Specifically, within America today, we observe calls for civil disobedience from both sides of the political spectrum, over several divergent political ideals. These issues are, primarily, driven from both sides’ desire to provide protection and provision for the oppressed and those who cannot necessarily speak for themselves. The definition of who is necessarily oppressed and whom their oppressors are varies from person to person, regardless of …

A Rejection Of Absolutist Duties As A Barrier To Creditor Protection: Facilitating Directorial Decisivness Surrounding Insolvency Through The Business Judgment Rule, Philip Gavin

Brooklyn Journal of Corporate, Financial & Commercial Law

This Article draws attention to the difficulties that directors may face when seeking to discharge their duties as a corporation approaches insolvency, in particular when directors must discern the point at which a corporation has become insolvent. It argues that discretion allowed to directors by the business judgment rule will be crucial to overcoming these difficulties. To do this, this article examines the nature of duties owed by directors both before and after insolvency, and accepts the stance taken by Delaware courts in recent years towards an expansive understanding of a corporation’s interests upon insolvency. It then considers unresolved issues …

Lawyers Response To Covid-19 Infodemic On Social Media, Jibran Jamshed

Library Philosophy and Practice (e-journal)

Objectives: The primary objective of this study is to examine and analyze the skills and practices of lawyers in response to the misinformation/Infodemic of COVID-19 on Social Media platforms.

Research Methodology: In this quantitative study an online survey was conducted among lawyers in Pakistan. The population of the study was made up of practicing lawyers from different District Bar Associations in Pakistan. A questionnaire was distributed to collect data regarding demographic information, use of social media, response to misinformation about COVID-19 on social media and to identify the methods employed by lawyers to check the authenticity of such …

Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Considering Environmental Impact Under Uncommon Personal Circumstances Carey V. Commonwealth And The Storage Tank Act, Catherine M. Hillin

Villanova Environmental Law Journal (1991 - )

No abstract provided.

A Scapegoat Theory Of Bivens, Katherine Mims Crocker

Faculty Publications

Some scapegoats are innocent. Some warrant blame, but not the amount they are made to bear. Either way, scapegoating can allow in-groups to sidestep social problems by casting blame onto out-groups instead of confronting such problems--and the in-groups' complicity in perpetuating them--directly.

This Essay suggests that it may be productive to view the Bivens regime's rise as countering various exercises in scapegoating and its retrenchment as constituting an exercise in scapegoating. The earlier cases can be seen as responding to social structures that have scapegoated racial, economic, and other groups through overaggressive policing, mass incarceration, and inequitable government conduct more …

A Scapegoat Theory Of Bivens, Katherine Mims Crocker

Faculty Scholarship

Some scapegoats are innocent. Some warrant blame, but not the amount they are made to bear. Either way, scapegoating can allow in-groups to sidestep social problems by casting blame onto out-groups instead of confronting such problems—and the in-groups’ complicity in perpetuating them—directly.

This Essay suggests that it may be productive to view the Bivens regime’s rise as countering various exercises in scapegoating and its retrenchment as constituting an exercise in scapegoating. The earlier cases can be seen as responding to social structures that have scapegoated racial, economic, and other groups through overaggressive policing, mass incarceration, and inequitable government conduct more …

"That Is Not How The Common Law Works": Paths To Tort Liability For Harassment, Dan Priel

Articles & Book Chapters

CAN A COMMON law court create liability for harassment without a statute? A recent decision of the Court of Appeal for Ontario has answered negatively. The Court reasoned that liability for harassment requires creating a new tort, which is not something a court could do unless there are special circumstances. Emphasizing the incremental nature of common law change, the Court concluded that this is not the kind of legal change it could, or should, effect. I challenge the decision and its reasoning. While acknowledging the epistemic and political constraints that warrant caution, I argue that the Court of Appeal erred …

Deodand, Brian L. Frye

Seattle University Law Review Online

Deodands are a delightful example of a common law doctrine that caused something to happen: the Crown was enabled to tax tortfeasors. But not in a way anyone expected at the time or anyone understands today. Look on their logic and despair. You’ll never figure it out, no matter how hard you try. And that’s what makes them so lyrical. The concept of the deodand is beautiful even though we can’t understand it. Or rather, it’s beautiful because we can’t understand it. If we understood deodands, surely they would be as prosaic as life insurance and conceptual art.

In 1964, …

Feres: The “Double-Edged Sword”, Kaitlan Price

Dickinson Law Review (2017-Present)

In Feres v. United States, the Supreme Court barred service members from suing the Government under the Federal Tort Claims Act if the injuries occurred “incident to military service.” In establishing this doctrine, the Court discussed the necessity of protecting the military from lawsuits to ensure effective decision-making by military leaders.

Scholars have harshly criticized Feres in the modern era, arguing Feres must be overturned to provide service members with a greater opportunity for recovery. Specifically, many scholars admonish Feres because the Supreme Court failed to provide a clear definition of “incident to military service.” Lacking a clear definition …

Pembatalan Perjanjian Pengikatan Jual Beli Di Bawah Tangan Terkait Pemenuhan Syarat Subyektif Berdasarkan Putusan Pengadilan Negeri Malang Nomor 12/Pdt.G/2017/Pn Mlg, Devina Ruth Merida

Indonesian Notary

Perjanjian Pengikatan Jual Beli sebagai perjanjian pendahuluan karena jual beli belum dapat dilakukan karena ada sebab-sebab tertentu. Pelaksanaan suatu perjanjian merupakan tindakan hukum secara timbal balik yang memerlukan kerja sama dari dua pihak atau lebih untuk memunculkan akibat hukum. Penelitian ini membahas mengenai pemenuhan syarat subjektif terhadap Perjanjian Pengikatan Jual Beli di bawah tangan berdasarkan putusan Pengadilan Negeri Malang Nomor 12/PDT.G/2017/PN MLG. Penelitian dalam Tesis ini adalah penelitian Yuridis Normatif dengan menggunakan tipologi deskriptif yang menggunakan data sekunder, terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Penelitian ini menggunakan metode analisis data secara deskriptif analisis dengan …

Dampak Tidak Adanya Ujian Pengangkatan Notaris Berdasarkan Putusan Mahkamah Agung Nomor 50 P/Hum 2018, Denni Aristonova

Indonesian Notary

Penelitian ini membahas mengenai ditiadakannya Ujian Pengangkatan Notaris sebagai salah satu syarat dalam pengangkatan Notaris, berdasarkan Putusan Mahkamah Agung Nomor 50 P/HUM 2018. Adapun permasalahan yang diangkat dalam penelitian ini adalah pengaturan terkait proses dan syarat pengangkatan Notaris dan dampak Putusan Mahkamah Agung tersebut terhadap calon Notaris. Penelitian ini berbetuk yuridis normatif, menggunakan alat pengumpulan data berupa studi dokumen terhadap data sekunder dengan penelusuran literatur. Pendekatan analisis menggunakan kualitatif. Hasil penelitian ini adalah Kementerian Hukum dan Hak Asasi Manusia mengeluarkan peraturan baru yaitu Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 19 tahun 2019, serta Dampak Putusan Mahkamah Agung itu …

The Legal System Of Charities And Other Social Entities In Jordan, Mwaffaq Almahameed

UAEU Law Journal

The 1966 Jordanian Charities and Other SocialEntities law No (33) and its subsequent modifications regulates and overseesall matters related to the registration and practice of charities and socialgroups. Moreover, the 1985 Income Tax Law No. (57) and its modifications holds a series of incentives directed towards charities and other socialgroups; these incentives which include income derived from non profit activities, subscriptions and grants are ceded special treatment in the form of deductions that must not go beyond a certain percentage of the total taxed income. That being the case, it is necessary to identify the meaning of the terms “charities’ …