Criminal Law—No Stitches For Snitches: The Need For A Duty-To-Report Law In Arkansas, 2012 University of Arkansas at Little Rock William H. Bowen School of Law
Criminal Law—No Stitches For Snitches: The Need For A Duty-To-Report Law In Arkansas, Breanna Trombley
University of Arkansas at Little Rock Law Review
It is difficult to get witnesses of brutal crimes to step up and act. This article argues that every state, including Arkansas, would be well served by implementing laws that would require individuals to notify law enforcement officials when they witness certain offenses.
First, the note discusses the common law history of the no-duty-to-aid principle, as well as duty-to-assist laws in other jurisdictions and current Arkansas reporting statutes. Next, the note examines the need for a specific duty-to-report in Arkansas. Then, a duty-to-report statute is proposed for consideration by the Arkansas Legislature. Thereafter, the note addresses imposition of both civil ...
English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, 2012 William & Mary Law School
English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney
Article looks at a historical problem—the first use of case law by English royal justices in the thirteenth century—and makes it a starting point for thinking about the ways legal reasoning works in the modern common law. In the first Part of the Article, I show that, at its origin, the English justices’ use of decided cases as a source of law was inspired by the work civil and canon law scholars were doing with written authorities in the medieval universities. In an attempt to make the case that English law was on par with civil law and ...
System Adjustments, 2012 University of Connecticut School of Law
System Adjustments, Brendan Maher
Faculty Articles and Papers
This invited Essay considers the future of law data and system reform.
Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, 2012 Boston College Law School
Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, Daniel R. Coquillette
Boston College Law School Faculty Papers
The parallels between Francis Bacon’s career and that of Edward H. Cooper are obvious. Bacon was one of the great legal minds of his day and, unlike the common law judges who formed the law by deciding cases, Bacon expressed his greatness in writing brilliant juristic treatises and, as Lord Chancellor, drafting one of the first modern rule systems, the Ordinances in Chancery (1617-1620). My thesis is that Bacon invented modern, scientific rulemaking by fusing his new theories of inductive, empirical research with the traditions of equitable pleading, and is, in fact, the intellectual forebearer of the likes of ...
The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, 2012 Kwara State University, Malete - Nigeria
The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola
Abdullahi Saliu Ishola
This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or ...
Taking The English Right To Counsel Seriously In American Civil Gideon Litigation, 2012 University of Michigan Law School
Taking The English Right To Counsel Seriously In American Civil Gideon Litigation, Scott F. Llewellyn, Brian Hawkins
University of Michigan Journal of Law Reform
Courts have rejected a right to counsel for indigent civil litigants under the U.S. Constitution. But in some American states, that right arguably already exists as a matter of common law, albeit derived from centuries-old English common and statutory law. This Article analyzes the viability of arguments for incorporating the old English right to counsel in the twenty-seven American states that continue to recognize old English common and statutory law as a source of binding authority. Such "originalist" arguments may be appealing to judges who are more willing to revive a historically based right than establish a new right ...
New York's Property Condition Disclosure Act: Extensive Loopholes Leave Buyers And Sellers Of Residential Real Property Governed By The Common Law, 2012 St. John's University School of Law
New York's Property Condition Disclosure Act: Extensive Loopholes Leave Buyers And Sellers Of Residential Real Property Governed By The Common Law, Philip Lucrezia
St. John's Law Review
No abstract provided.
Transformative Constitutionalism And The Common And Customary Law, 2012 Northeastern University School of Law
Transformative Constitutionalism And The Common And Customary Law, Karl Klare, Dennis M. Davis
Karl E. Klare
A basic assumption of the Constitution, which finds expression in its ‘development clauses’ (ss 8(3) & 39(2)), is that South Africa cannot progress toward a society based on human dignity, equality, and freedom with a legal system that rigs a transformative constitutional superstructure onto a common and customary law base inherited from the past and indelibly stained by apartheid. We examine South African judges’ performance in implementing the development clauses through the lens of legal culture. A central concern is the potential of traditional South African legal culture to constrain the transformative project. South Africa has an advanced Constitution informed by the values of social interdependence and ubuntu, but its jurists continue to deploy traditional methods of legal analysis. Ironically, the United States has a classical liberal and individualistic charter, but the Legal Realist tradition bequeathed American lawyers a storehouse of modernist legal methods well suited to South Africa’s transformative project. Surveying the cases over the first 15 years of the new dispensation, we find some leading judgments that demonstrate the capability of the courts to transform the common law and provide glimpses of a more egalitarian, inclusive, and caring legal infrastructure. The chief disappointments are the absence thus far of a coherent exploration of the Constitution’s values or an explicit and sustained effort to develop new legal methodologies appropriate to transformative constitutionalism; the reluctance to interrogate the distributive consequences of private law rules in the routines of economic life; the emergence of a neo-liberal strand in constitutional application; and the lack of critical sharpness with respect to separation-of-powers issues. The inhibiting effect of mainstream legal culture is not entirely responsible for these difficulties, but concerns expressed a decade ago that the courts would be held back by the traditionalism of South African legal culture were well-taken.
Mental Budget: Inefficient Clauses Or Consumer Choices?, 2012 Università Guglielmo Marconi
Mental Budget: Inefficient Clauses Or Consumer Choices?, Enrico Baffi
In this paper I aim to demonstrate that due the phenomenon of consumer mental accounting, it's not possible to consider money as fungible. Consumers decide to spend a certain amount of money for a kind of good and they are not willing to take some extra money from the jars that contain the money to spend for other goods. But consumers seem to have a sort of reserve which encompass efforts, time, and the possibility to bear risk that they use to save money and obtain a lower price for a good. To explain, a good can be delivered ...
Private Rights Or Public Wrongs? The Crime Victims Rights Act Of 2004 In Historical Context, 2012 Lewis & Clark College
Private Rights Or Public Wrongs? The Crime Victims Rights Act Of 2004 In Historical Context, Christopher J. Truxler
Christopher J. Truxler
Historically, crime victims served as policemen, investigators, and private prosecutors, and were regarded as law enforcement’s most dependable catalyst. The Crime Victim’s Rights Act of 2004 grants crime victims eight substantive and procedural rights and breathes new life into the common law idea that crime is both a public wrong and a private injury. The Act has, however, elicited ardent criticism. Opponents contend that the Act is both bad policy and, most likely, unconstitutional. Without commenting on the Act’s policy or constitutionality, this Note places the Crime Victims’ Rights Act within a broader historical context where victims ...
Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, 2012 Harvard University
Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh
Sharo M Atmeh
American law requires an insurable interest—a pecuniary or affective stake in the subject of an insurance policy—as a predi-cate to properly obtaining insurance. In theory, the rule prevents both wagering on individual lives and moral hazard. In practice, the doctrine is avoided by complex insurance transaction structuring to effectuate both origination and transfers of insurance by individuals without an insurable interest. This paper argues that it is time to ab-andon the insurable interest doctrine. As both the English and Aus-tralian experiences indicate, elimination of the insurable interest doctrine will have little detrimental pecuniary effect on the insurance industry ...
Codifying Custom, 2012 Vanderbilt University Law School
Codifying Custom, Timothy Meyer
Vanderbilt Law School Faculty Publications
Codifying decentralized forms of law, such as the common law and customary law, has been a cornerstone of the positivist turn in legal theory since at least the nineteenth century. Commentators laud codification’s purported virtues, including systematizing, centralizing, and clarifying the law. These attributes are thought to increase the general welfare of those subject to legal rules, and therefore to justify and explain codification. The codification literature, however, overlooks codification’s distributive consequences. In so doing, the literature misses the primary motive for codification: to define legal rules in a way that advantages individual codifying institutions, regardless of how ...
Advocacy In Charity: A Breakaway From The Common Law, 2012 Singapore Management University
Advocacy In Charity: A Breakaway From The Common Law, Fiona Martin
Can advocacy work be considered charitable? Common law systems don’t think so, but Australia is the first to break this convention. Fiona Martin examines the whys and the hows of this historic event.
A Fundamental Flaw With Uncitral's Approach To Cross-Border Secured Transactions: The Failure To Address Creditor Due Diligence Issues, 2012 Roger Williams University School of Law
A Fundamental Flaw With Uncitral's Approach To Cross-Border Secured Transactions: The Failure To Address Creditor Due Diligence Issues, John J. Chung
Law Faculty Scholarship
No abstract provided.
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, 2012 The Catholic University of America, Columbus School of Law
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein
Catholic University Law Review
No abstract provided.
Is Canada The New Shangri-La Of Global Securities Class Actions?, 2012 Roger Williams University School of Law
Is Canada The New Shangri-La Of Global Securities Class Actions?, Tanya Monestier
Law Faculty Scholarship
There has been significant academic buzz about Silver v. Imax, an Ontario case certifying a global class of shareholders alleging statutory and common law misrepresentation in connection with a secondary market distribution of shares. Although global class actions on a more limited scale have been certified in Canada prior to Imax, it can now be said that global classes have "officially" arrived in Canada. Many predict that the Imax decision means that Ontario will become the new center for the resolution of global securities disputes. This is particularly so after the United States largely relinquished this role in Morrison v ...
Response: There Is No New General Common Law Of Severability, 2012 University of Richmond School of Law
Response: There Is No New General Common Law Of Severability, Kevin C. Walsh
Law Faculty Publications
In this solicited response to The New General Common Law of Severability, I first offer an interpretation of Ayotte and subsequent Supreme Court decisions as continuous with existing doctrine instead of a departure from it. I then suggest that much of Scoville’s evidence for a federalization of severability doctrine is better viewed as evidence of doctrinal looseness rather than of doctrinal change. I conclude by returning to the lessons of severability’s doctrinal history, suggesting that the prehistory of severability doctrine may supply a better guide for how courts should deal with problems of partial unconstitutionality in the future.
The Evolution Of The Common Law And Efficiency, 2012 Texas A & M University Law School
The Evolution Of The Common Law And Efficiency, Nuno Garoupa, Carlos Liguerre
The efficiency of the common law hypothesis has generated a large bulk of literature in the last decades. The main argument is that there is an implicit economic logic to the common law; the doctrines in common law provide a coherent and consistent system of incentives which induce efficient behavior.
We start by observing that if the common law is overall evolutionarily efficient, we are left with no explanation for the important doctrinal differences across common law jurisdictions. The observation is more striking if we keep in mind that presumably the de jure initial condition was the same, namely English ...
Three Principles For Federal Housing Policy, 2012 Brooklyn Law School
Three Principles For Federal Housing Policy, David Reiss
No abstract provided.
Message In Mortgage: What Dodd-Frank's 'Qualified Mortgage' Tells Us About Ourselves, 2012 Brooklyn Law School
Message In Mortgage: What Dodd-Frank's 'Qualified Mortgage' Tells Us About Ourselves, David Reiss
No abstract provided.