The Need For Certainty And Written Form In Land Sale Contracts In China: A Legal Reform Recommendation,
2020
Univ. of New South Wales
The Need For Certainty And Written Form In Land Sale Contracts In China: A Legal Reform Recommendation, Wei Wen
Cardozo International & Comparative Law Review
Despite the significance of land sale contracts, China's Contract Law (the supreme authority in contractual matters) fails to articulate whether written form is mandatory for land sale contracts as a prerequisite for contractual remedies. The result of this ambiguity is that urban and rural courts across China have delivered contradictory judgments on this matter, and Chinese claimants do not have clear rules or authorities to follow. This imposes unfairness on those claimants. This article examines and analyzes the uncertainty and its causes, reaching a conclusion that the solution to addressing the nationwide uncertainty is a legal reform-Contract Law should articulate …
Were Justices Lawyers?,
2020
William & Mary Law School
The Parable Of The Forms,
2020
St. John's University School of Law
The Parable Of The Forms, Samuel L. Bray
St. John's Law Review
(Excerpt)
It might be good for each department to have its own form, or it might be better to have one form for the whole campus. That is an open question. It depends on how different the repair requests are in different departments, and on the value of specialization. It depends on whether we want some complexity about the choice of forms or if we want radical simplicity about the number of forms, with all of the complexity residing within a single form.
So, too, it might be good to have different forms of action. That way, everyone knows upfront …
Legal Genres,
2020
William & Mary Law School
Who Are The "We"?,
2020
William & Mary Law School
The Need For Federal Disclosure And Fraud Protection In The Workplace,
2020
American University Washington College of Law
The Need For Federal Disclosure And Fraud Protection In The Workplace, Carlos Garcia
Legislation and Policy Brief
No abstract provided.
Putting The People Into Legal History,
2020
William & Mary Law School
Putting The People Into Legal History, Thomas J. Mcsweeney
Popular Media
No abstract provided.
The Overly Familiar Treatise,
2020
William & Mary Law School
Drones: Where Does The National Airspace System Start?,
2020
Kent State University
Drones: Where Does The National Airspace System Start?, Jason T. Lorenzon J.D.
National Training Aircraft Symposium (NTAS)
Unmanned Aerial Systems (UAS), Unmanned Aeronautical Vehicles (UAV), drones and Personal Aerial Vehicles (PAV) constitute the greatest technological advancement since the jet age. (Elaine Chao, Secretary of Transportation, October 26, 2017) This technological advancement has prompted significant public policy challenges and the need for new laws regarding navigable airspace. This proposal investigates how airspace used by drones will evolve given existing Constitutional and common law principals. These principals will influence the creation, development and modification of UAS airspace regulations by the Federal Aviation Administration (FAA).
Two critical but unanswered questions concerning the National Airspace System, are where does navigable airspace …
Three Questions About "Stand Your Ground" Laws,
2020
William and Mary Law School
Three Questions About "Stand Your Ground" Laws, Cynthia V. Ward
Notre Dame Law Review Reflection
Stand Your Ground laws, and the issues they generate, do raise serious questions about what constitutes justice in cases that give rise to claims of self-defense. In order to resolve those questions, we first need to understand what the self-defense doctrine actually says and how it was designed to work. It is necessary to specify the ways in which Stand Your Ground provisions do, and do not, affect that doctrine.
In this Essay I will raise three issues about Stand Your Ground and self-defense. In addressing these issues I will use Florida law as a template because the Stand …
Extraterritoriality In Common Law Climate Actions: Judicial Restraint Or Judicial Error?,
2020
Elisabeth Haub School of Law at Pace University
Extraterritoriality In Common Law Climate Actions: Judicial Restraint Or Judicial Error?, Aaron B. Rudyan
Pace Environmental Law Review
No abstract provided.
Contract Rights Under The I-864 Affidavit Of Support: Seventh Circuit's Reasoning Binds Courts' Hands In A Shifting Landscape For Public Charge Doctrine,
2020
St. John's University School of Law
Contract Rights Under The I-864 Affidavit Of Support: Seventh Circuit's Reasoning Binds Courts' Hands In A Shifting Landscape For Public Charge Doctrine, John T. Burger
St. John's Law Review
(Excerpt)
Courts are currently split on the issue of whether a mitigation of damages defense is available to sponsors to the Affidavit. Leading cases, including Liu, rely upon the unique nature of the form to assert that such defenses are precluded. This Note will argue that the I-864 should be treated under the same principles as a typical common-law contract. Part I of this Note will trace the history of the I-864 form, primarily focusing on the legislation and case law rendering the form an enforceable contract. Part II will discuss Liu v. Mund, focusing extensively on the United States …
Domestic Violence And Self-Defense: Respecting Women's Autonomy By Creating A Woman-Centered Law Of Self-Defense,
2020
American University Washington College of Law
Domestic Violence And Self-Defense: Respecting Women's Autonomy By Creating A Woman-Centered Law Of Self-Defense, Caroline Gillis
Upper Level Writing Requirement Research Papers
No abstract provided.
"Inciting A Riot": Silent Sentinels, Group Protests, And Prisoners' Petition And Associational Rights,
2020
Seattle University School of Law
"Inciting A Riot": Silent Sentinels, Group Protests, And Prisoners' Petition And Associational Rights, Nicole B. Godfrey
Seattle University Law Review
This Article argues for increased legal protections for prisoners who choose to engage in group protest to shed light on the conditions of their incarceration. A companion piece to a similar article that focused on prisoner free speech rights, this Article uses the acts of protest utilized by the Silent Sentinels to examine why prisoners’ rights to petition and association should be strengthened. By strengthening these rights, the Article argues that we will advance the values enshrined by the First Amendment’s Petition Clause while simultaneously advancing the rights of the incarcerated millions with little to no political power.
The Article …
Does The Woman Suffrage Amendment Protect The Voting Rights Of Men?,
2020
Seattle University School of Law
Does The Woman Suffrage Amendment Protect The Voting Rights Of Men?, Steve Kolbert
Seattle University Law Review
This Article—part of the Seattle University Law Review’s symposium on the centennial of the ratification of the Woman Suffrage Amendment—examines that open possibility. Concluding that the Nineteenth Amendment does protect men’s voting rights, this Article explores why and how that protection empowers Congress to address felon disenfranchisement and military voting. This Article also examines the advantages of using Nineteenth Amendment enforcement legislation compared to legislation enacted under other constitutional provisions.
Part I discusses the unique barriers to voting faced by voters with criminal convictions (Section I.A) and voters in the armed forces (Section I.B). This Part also explains how existing …
Attorney–Client Privilege In Bad Faith Insurance Claims: The Cedell Presumption And A Necessary National Resolution,
2020
Seattle University School of Law
Attorney–Client Privilege In Bad Faith Insurance Claims: The Cedell Presumption And A Necessary National Resolution, Klien Hilliard
Seattle University Law Review
Attorney–client privilege is one of the most important aspects of our legal system. It is one of the oldest privileges in American law and is codified both at the national and state level. Applying to both individual persons and corporations, this expanded privilege covers a wide breadth of clients. However, this broad privilege can sometimes become blurred in relationships between the corporation and the individuals it serves. Specifically, insurance companies and those they cover have complex relationships, as the insurer possesses a quasi-fiduciary relationship in relation to the insured. This type of relationship requires that the insurer act in good …
In Memory Of Professor James E. Bond,
2020
Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
A Return To The Traditional Use Of The Writ Of Mandamus,
2020
Lewis & Clark Law School
A Return To The Traditional Use Of The Writ Of Mandamus, Audrey Davis
Lewis & Clark Law Review
A litigant filing a petition for a writ of mandamus takes a gamble. If unsuc- cessful, the petitioner risks not only wasting time and effort but also insulting the district court judge by calling into question his or her ability to carry out the basic duties of a judge. And even if successful, the petitioner still faces the risk of returning to the district court on less-than-friendly terms. More than anything, however, the writ of mandamus poses such risks because appellate courts have employed widely varying approaches in developing a standard for granting the writ. In order to offer greater …
Public Rights After Oil States Energy,
2020
St. Mary’s University School of Law,
Public Rights After Oil States Energy, Adam J. Macleod
Faculty Articles
The concept of public rights plays an important role in the jurisprudence of the Supreme Court of the United States. But as the decision in Oil States last Term revealed, the Court has often used the term to refer to three different concepts with different jurisprudential implications. Using insights drawn from historical and analytical jurisprudence, this Article distinguishes the three concepts and examines how each of them is at work in patent law. A precise reading of Oil States also bears lessons for other areas of law that implicate both private rights and duties and the administration of public regulatory …
Redefining Tribal Sovereignty For The Era Of Fundamental Rights,
2020
University of Virginia
Redefining Tribal Sovereignty For The Era Of Fundamental Rights, Michael Doran
Indiana Law Journal
This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture theory to deny tribal governments criminal and civil jurisdiction over nonmembers, even with respect to activities on tribal lands. Legal scholars have puzzled over this move from a territorial-based definition of tribal sovereignty to a membership-based definition; they have variously explained it as the Court’s abandonment of the foundational principles of Indian law, the product of the Court’s indifference or even racist hostility …
