CIVIL LAW -- automobile insurance; limits of liability; definition of accident or occurrence; ambiguity; construe in favor of insured; multiple interpretations; contract construction.
CIVIL LAW - breach of contract; summary judgment; de novo review; definition of "retire" under agreement; question of material breach; genuine issues of material fact.
Introduction. I. Definition: What Are Compromise and Accord and Satisfaction?. A. Civil Law Compromise. B. Common Law Accord and Satisfaction. C. Intersection of Civil Law Compromise and Common Law Accord and Satisfaction. II. Interpretation: Are the Two Doctrines Different?. A. Civil Law Compromise: Subjective Inquiry. B. Common Law Accord and Satisfaction: Objective Analysis. C. Divergence of Civil Law Compromise and Common Law Accord and Satisfaction. III. Can the Two Doctrines Coexist? A Look at Louisiana Law. A. Louisiana Compromise-Civil Law Compromise. B. Louisiana Accord and Satisfaction-Common Law Accord and Satisfaction with an Interpretive Twist. C. The Tangled Web of Judicial Confusion for Louisiana Settlement Agreements. IV. The 2007 Revision: A Solution?. A. Louisiana C...
Introduction. I. An Overview Of Peremption. A. History of Peremption. B. Definition and Effects of Peremption. II. The Problems With Peremption. A. Inequity. B. Misapplication. C. Confusion. III. Solving The Problems: Four Legislative Remedies. A. Require Explicit Legislative Intent. B. Give Guidance in the Civil Code. C. Create Equitable Exceptions. D. Extinguish Peremption. Conclusion.
The report offered "orienting principles" of disability nondiscrimination law,12 adopted and elaborated on the goal of "full participation" articulated by Professor tenBroek,13 provided a conceptual foundation for and definition of reasonable accommodation,14 and offered guidance about the extent to which traditional civil rights concepts and analysis should apply to disability rights law.15 When Chris Bell and I were unable to convince the Civil Rights Commission to recommend specific federal legislative changes, we proceeded on our own to write a law review article that provided what we called a "statutory blueprint" for a federal law broadly prohibiting discrimination on the basis of disability and clarifying the elements of such a law.16 One of its recommendations was that Congress ...
In criminal cases, any fact which increases the maximum punishment must be found by a jury beyond a reasonable doubt. This rule, which comes from Apprendi v. New Jersey, looks to what facts do, not what they are called; in Justice Scalia's memorable turn of phrase, it applies whether the legislature has labeled operant facts "elements, enhancements, or Mary Jane." Civil statutes, however, can expose an individual to the same or greater deprivation of liberty on identical facts without needing to meet the "beyond a reasonable doubt" standard of proof. If Apprendi is, indeed, functional, why is it limited to formally criminal cases? Why does it not apply to all punishments, no matter whether they are called civil, criminal, or Mary Jane? One often-proposed answer is that Apprendi derives ...
... seeks to offer an initial working definition of stigma. This Article proceeds in four parts. In...
Introduction II. Disability Civil Rights Stories A. ADA Title I 1. Don Perkl and Chuck E. Cheese: Disability Stigma 2. Daniel Schwartz and Electronic Data Systems (EDS): Definition of Disability or Stigma 3. Mario Echazabal and Chevron: Paternalism and Title I´s "Direct Threat" Defense B. ADA Title II 1.Sara K. and the State of Wyoming: Community Inclusion 2. Demetrius, Tyrone and South Carolina: State Juvenile Justice Programs C. ADA Title III 1. Access Now v. Theme Restaurant: Physical Accessibility 2. Accessibility to the Internet: "The Digital Divide" III. Conclusion A. So, is the ADA a Failed Law? 1.Title I 2.Title II 3.Title III B.Closing
...They make up the definition. The e-mails say what they say, and the jury w.... § 1051 et seq., the statute governing civil trademark disputes.7 The government argues that ca...
...They make up the definition. The e-mails say what they say, and the jury w.... § 1051 et seq., the statute governing civil trademark disputes.7 The government argues that ca...
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