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All Volumes | Volume 85 | Issue 1

The Rome II Regulation: A Comparative Perspective on Federalizing Choice of Law

Clay H. Kaminsky | Article

This Article analyzes the Rome II Regulation, which entered into effect on January 11, 2009, and established uniform choice-of-law rules for noncontractual obligations in the European Union. Rome II is of particular interest to U.S. scholars because its federal and international character and nearly comprehensive scope make it a potential model for a new U.S. Restatement or federal statute. Beginning with its text, context, and legislative history, this Article examines Rome II in the comparative light of state-level codifications in the United States and the general theory of state-interest analysis developed during the American “conflicts revolution.” The Article tests the [...]

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Saving Civil Justice: Judging Civil Justice By Hazel Glenn

Elizabeth G. Thornburg | Book Review

Asking the right question can be as important as giving the right answer. In her book Judging Civil Justice, Dame Hazel Genn forcefully argues that the right question about the civil justice system is not “[h]ow much justice can we afford” but “how much justice can we afford to forego.”Genn has spent her professional lifetime studying methods for resolving civil disputes. A pioneer in empirical legal studies, she has for thirty years interviewed litigants, lawyers, and judges and studied courts, tribunals, and ADR methods. Genn is a clear-eyed observer, deeply sympathetic to the plight of modern courts but unwilling to ignore [...]

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Breathing Life into the Dead Zone: Can the Federal Common Law of Nuisance Be Used to Control Nonpoint Source Water Pollution?

Endre Szalay | Comment

This Comment posits the argument that the federal common law of nuisance could be used to control agricultural nonpoint source water pollution that causes the environmental problem known as the Gulf of Mexico “Dead Zone.” The primary obstacle to such a suit is that the United States Supreme Court, in two cases dealing with interstate water pollution from point sources, has held that the Clean Water Act entirely displaced the need for the federal common law of nuisance to abate interstate water pollution. However, the United States Court of Appeals for the Second Circuit’s recent decision in Connecticut v. American [...]

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Foolish Revenge or Shrewd Regulation? Financial-Industry Tax Law Reforms Proposed in the Wake of the Financial Crisis

Richard T. Page | Comment

This Comment evaluates four recent proposals to reform tax laws affecting the financial industry. After introducing the proposals, the author provides a theoretical framework for evaluating them and then relies on this framework to explore the benefits and drawbacks of each. Ultimately, the author rejects two proposals that call for imposing financial-transactions taxes and argues that lawmakers should instead focus on plans to either (1) permit cost-of-equity tax deductions or (2) tax the debt held by major financial institutions.

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The Qur’an and the Constitution

L. Ali Khan | Essay

And this Qur’an is not such as could ever be devised by anyone save God; it is a confirmation of what was [revealed] before and an exposition of Divine Text— Therein is no doubt—from the Sustainer of the Worlds.

Many have noted the sacredness surrounding the U.S. Constitution, and comparisons with the Bible are often made.

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Why the Beginning Should Be the End: The Argument for Exempting Postcomplaint Materials from Rule 26(b)(5)(A)’s Privilege Log Requirement

Douglas C. Rennie | Article

There is a state of uncertainty that is threatening to undermine the two most significant evidentiary protections in American jurisprudence: the attorney-client privilege and the work product doctrine. The Federal Rules of Civil Procedure require parties to explicitly assert privilege claims, usually by providing information about the privileged materials in the form of a “privilege log.” The Rules do not say whether this requirement applies to materials created or obtained after the filing of the complaint. But that is exactly when the attorney-client privilege and work product doctrine are most likely to protect not only the materials themselves, but also [...]

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The French Revision of Prescription: A Model for Louisiana?

Benjamin West Janke & François-Xavier Licari | Article

In 2008, the French Legislature took the necessary step and drastically reformed prescription. The general period is now shorter and unified (five years), there are new grounds for suspension (including codified contra non valentem), and a long-stop period is introduced. Louisiana has yet to make any substantial reform to prescription, and revision is long overdue.

This Article will outline the faults in Louisiana and France’s original prescriptive regimes and identify the main innovative trends in the French revision. It then will offer a critical appraisal of the French revision, endorse it as a basis for a Louisiana revision, and discuss how [...]

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  • Directory

    • All Volumes
      • Volume 87
        • Issue 1
        • Issue 2
        • Issue 3
      • Volume 86
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
      • Volume 85
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5 & 6
      • Volume 84
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6

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