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Representatives from about 25 businesses and municipalities pressed a House committee Wednesday to approve legislation to codify Maryland's common-law ban on plaintiffs in personal injury cases from recovering damages if they were partially at fault. Meanwhile, a trio of plaintiffs' attorneys told the House Judiciary Committee that the current, court-created, absolute defense of "contributory negligence" is unfair and should not be preserved by statute.
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Art Mistake And Mix-Up Stories II. Proposed Model Act´S Provisions Regarding Parentage III. Statutory And Common Law Inadequacy In Art Mix-Up Cases A. Contract 1. In case I am mistakenly given the wrong gamete or wrong embryo: 2. In case my gamete or embryo is mistakenly given to someone else: B. Intent Standard C. Statutory Uniform Parentage Act (UPA) Provisions D. Genetics IV. Proposed Alternative A. A Labor-Based Theory of Parentage B. Proposed Labor-Based Priorities C. Relational, Child-Centeredness V. Conclusion
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A final decision rendered by a Board of Commissioners to assess landowners whose property is affected by an improvement initiated by the county soil & water conservation district is appealable to the court of common pleas pursuant to R.C. 1515.24(D)(3). The common pleas court is to consider the transcripts of the hearings below and any additional evidence permitted under R.C. 2506.03, to determine whether the Board's decision was unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence. A court of appeal's review of a common pleas court's decision in these cases is more limited, restricted only to questions of law and whether the common pleas court abused its discretion. Common pleas court abu...
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Two factors, aside from a lack of collected papers, explain the relative scholarly neglect of Justice John Catron. First, Catron tended to specialize in common law cases, particularly property disputes. adjudicating such cases. Second, Catron often spoke for the Court in cases that involved complex technical matters, which rarely attracted public interest. This article argues that Justice Catron's acceptance of the general premises of the Court's Jacksonian jurisprudence accounts for his obscurity. Part one demonstrates that Catron articulated a similar framework while serving on the Tennessee Supreme Court. Part two illustrates his continued support for that framework after he moved to the US Supreme Court. Part three, however, demonstrates that, although he embraced much of the Taney ...
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THE CLEAN AIR ACT'S PREEMPTIVE EFFECT ON THE FEDERAL COMMON LAW OF NUISANCE Until the Supreme Court's decision in Massachusetts v. EPA ("Massachusetts II"),2 legal scholars disagreed as to the CAA's preemptive effect on interstate nuisance actions involving greenhouse gases, such as carbon dioxide.3 This debate was important to public interest groups and private citizens wanting to bring an interstate nuisance action under the federal common law.4 If the CAA preempted the federal common law for interstate nuisance actions involving greenhouses gases, then their cases would be dismissed for lack of jurisdiction. "11 In the early twentieth century, these specialized areas of federal common law became extremely important in interstate pollution disputes in order to protect the natural res...
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This Article demonstrates that and does not violate the Seventh Amendment. Two historical antecedents, used by common-law courts, justify modern summary judgment, trial by inspection and demurrer to the evidence. Trial by inspection, as explained by Blackstone, Coke, and Maitland, allowed a common-law judge to inspect evidence visually and then decide "obvious" cases without ever impaneling a jury. In contrast, a jury would be used if pretrial inspection demonstrated legitimate "doubt" about the relevant issue. Demurrer to the evidence, while not identical to summary judgment, is similar because it allowed a judge to take a case away from a jury where the nonmovant's evidence failed to prove a claim or defense. The Article criticizes a rigid interpreta...
