Remarks On 3d Printing, Free Speech, And Lochner,
2016
University of Detroit Mercy School of Law
Remarks On 3d Printing, Free Speech, And Lochner, Kyle Langvardt
Minnesota Journal of Law, Science & Technology
No abstract provided.
Intellectual Property And Additive Manufacturing / 3d Printing: Strategies And Challenges Of Applying Traditional Ip Laws To A Transformative Technology,
2016
University of Minnesota Law School
Intellectual Property And Additive Manufacturing / 3d Printing: Strategies And Challenges Of Applying Traditional Ip Laws To A Transformative Technology, Bryan J. Vogel
Minnesota Journal of Law, Science & Technology
No abstract provided.
Slade V. Caesars Entm’T Corp, 132 Nev. Adv. Op. 36 (May 12, 2016),
2016
Nevada Law Journal
Slade V. Caesars Entm’T Corp, 132 Nev. Adv. Op. 36 (May 12, 2016), Katherine Maher
Nevada Supreme Court Summaries
The Court generally upheld the common-law principles, referenced in NRS 463.0129(3)(a), permitting gaming establishments to exclude any persons from their premises for any reason, unless for discriminatory or otherwise unlawful purposes. Thus the district court properly dismissed the complaint.
Habeas Corpus And The Exceptions Clause : Exploring Intergenerational Institutional Struggle.,
2016
University of Louisville
Habeas Corpus And The Exceptions Clause : Exploring Intergenerational Institutional Struggle., Kevin Grout
College of Arts & Sciences Senior Theses
No abstract provided.
Finding Common Law Duty Of Care From Statutory Duties: All Within The Anns Framework,
2016
Singapore Management University
Finding Common Law Duty Of Care From Statutory Duties: All Within The Anns Framework, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
This paper examines the relationship between statutory duties and the common law duty of care in the tort of negligence. There are apparently divergent judicial statements on the general approach towards duty of care to be owed by persons under a statutory duty. One central question arises: should the courts treat the common law duty of care as subsisting generally unless it is excluded by the statute or must the plaintiff show that the Parliament intended to confer a private right of action or impose a common law duty? This paper argues that the two approaches may be properly accommodated …
Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution,
2016
Georgetown University Law Center
Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
The American Law Institute has embarked on the challenging task of restating the confounding distinction between self-executing and non-self-executing treaties. In some respects, the current draft of the Fourth Restatement of Foreign Relations Law represents an advance from the treatment of the subject in the Third Restatement (Third). At the same time, the current draft retains, and may even aggravate, some of the flaws of that earlier treatment. This Essay suggests four ways the current draft could be improved. First, the draft should explicitly recognize that the concept of self-execution is not a unitary one. The "self-executing" label encompasses four …
Foreign Policy And The Government Legal Adviser,
2016
Foreign and Commonwealth Office
Foreign Policy And The Government Legal Adviser, Henry Darwin
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Policy And The Government Legal Adviser,
2016
University of Georgia School of Law
Foreign Policy And The Government Legal Adviser, Joyce Gutteridge
Georgia Journal of International & Comparative Law
No abstract provided.
Conceptions Of Authority And The Anglo-American Common Law Divide,
2016
Osgoode Hall Law School of York University
Conceptions Of Authority And The Anglo-American Common Law Divide, Dan Priel
Articles & Book Chapters
This essay seeks to explain the puzzle of the divergence of American law from the rest of the common law world through the lens of legal theory. I argue that there are four competing ideal-type theories of the authority of the common law: reason, practice, custom, and will. The reason view explains the authority of the common law in terms of correspondence to the demands of pure practical reason; the practice view sees the authority of the common law as derived from the expertise of practitioners (especially judges and practice-oriented academics) who try to develop the common law as a …
Some Comparative Legal History: Robbery And Brigandage,
2016
University of Edinburgh
Some Comparative Legal History: Robbery And Brigandage, Bernard S. Jackson
Georgia Journal of International & Comparative Law
No abstract provided.
Artificial Insemination: I - Legal Aspects,
2016
St. John's University School of Law
Artificial Insemination: I - Legal Aspects, Anthony F. Logatto, M.S.S.S., Ll.B.
The Catholic Lawyer
No abstract provided.
Procedural Due Process Claims,
2016
Touro University Jacob D. Fuchsberg Law Center
Procedural Due Process Claims, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Extending Graham's Interpretive Theory Into Common Law: A Multiple-Case Study,
2016
The University of Western Ontario
Extending Graham's Interpretive Theory Into Common Law: A Multiple-Case Study, Chris Hayes
Master of Studies in Law Research Papers Repository
What determines the outcome of judicial decisions? A traditional answer to this question is that it involves a complex application of rules derived from the reasons for judgment of analogous common law decisions and applicable statutes under the doctrine of stare decisis. This answer is problematic. One significant problem of this answer is its inability to explain the outcome of cases where the judgment does not appear to be based on these traditionally recognized sources. An alternative answer, provided by a particular field of legal scholarship, Legal Realism, posits that “other” factors make a significant impact on the outcome …
Admiralty-Sovereign Immunity-Philippine Corporation's Suit To Recover Damages Caused By Collision With Public Vessel May Proceed Only Under Jurisdiction Of The Public Vessels Act, And May Be Barred By That Act's Reciprocity Provision,
2016
University of Georgia School of Law
Admiralty-Sovereign Immunity-Philippine Corporation's Suit To Recover Damages Caused By Collision With Public Vessel May Proceed Only Under Jurisdiction Of The Public Vessels Act, And May Be Barred By That Act's Reciprocity Provision, B. Randall Blackwood
Georgia Journal of International & Comparative Law
No abstract provided.
Public Institutions As Defamation Plaintiffs,
2016
University of New Brunswick
Public Institutions As Defamation Plaintiffs, Hilary Young
Dalhousie Law Journal
This article focuses on public institutions' ability to sue in defamation. It has a descriptive and a normative section. The descriptive part begins with an analysis of the relevant law in several common law jurisdictions. The state of Canadian law is then examined. The normative section considers which public institutions should be prohibited from suing in defamation and why Whereas some case law suggests that a prohibition on public institution defamation actions should be grounded in the public importance of speech about such institutions, this article takes the position that that is unprincipled. Instead, the focus is on factors such …
The English East India Company And The Modern Corporation: Legacies, Lessons, And Limitations,
2016
Seattle University School of Law
The English East India Company And The Modern Corporation: Legacies, Lessons, And Limitations, Philip J. Stern
Seattle University Law Review
The English East India Company was first chartered in 1600, endured until the late nineteenth century, and, in a clever act of corporate resurrection, has even recently returned as a global, upmarket retail outlet selling fine foods and commemorative coins. It has also endured in the popular imagination and culture, churning out heroes and villains alike in film, television, and video games. The script writer for a forthcoming BBC miniseries, in which the East India Company stars as the prime antagonist, even noted recently that the Company was like “the CIA, the NSA, and the biggest, baddest multinational corporation on …
Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton,
2016
William & Mary Law School
Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney
Faculty Publications
The early common law produced a rich literature. This article examines two of the most popular legal treatises of the second half of the thirteenth century, Hengham Magna and Fet Asaver. It has long been recognized that these two treatises bear some relationship to each other. This article will attempt to establish that relationship, arguing that Hengham Magna and Fet Asaver were written by different people; that Fet Asaver borrows from Hengham Magna; and that the authors of both texts had independent access to the Bracton treatise. The article concludes by suggesting a new way to think about the legal …
Riding Circuit: Bringing The Law To Those Who Need It,
2016
Florida A&M University College of Law
Riding Circuit: Bringing The Law To Those Who Need It, Susan D. Zago
Florida A & M University Law Review
In this article, I will first look at how various state Access to Justice Commissions in the United States are addressing self-represented litigants' ability to access and navigate the civil court system. I review various projects that attempt to make legal forms and processes more understandable to the public. I also discuss the role of law librarians, and how they bring a working understanding of the problems and missteps that self-represented litigants face first-hand. I argue for better inclusion of these information professionals in state commissions and in various outreach programs to improve the quality of the legal information provided …
The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy's Unbearable Licence,
2016
Peter A. Allard School of Law, University of British Columbia
The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy's Unbearable Licence, Jocelyn Stacey Assistant Professor
Osgoode Legal Studies Research Paper Series
This short reply clarifies and defends the argument presented in "The Environmental Emergency and the Legality of Discretion in Environmental Law." It responds to the arguments that were made, and that could have been made, in Pardy's critique "An Unbearable Licence".
Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus,
2016
Barry University
Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
