Toward Neutral Principles of Stare Decisions in Tort Law
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Bloody Crossroads African-Americans and the Bork Nomination: a Bibliographic Essay J
Howard University Digital Howard @ Howard University Selected Speeches J. Clay Smith, Jr. Collection 1-11-1992 Bloody Crossroads African-Americans and The Bork Nomination: A Bibliographic Essay J. Clay Smith Jr. Follow this and additional works at: http://dh.howard.edu/jcs_speeches Part of the Constitutional Law Commons Recommended Citation Smith, J. Clay Jr., "Bloody Crossroads African-Americans and The Bork ominN ation: A Bibliographic Essay" (1992). Selected Speeches. Paper 151. http://dh.howard.edu/jcs_speeches/151 This Article is brought to you for free and open access by the J. Clay Smith, Jr. Collection at Digital Howard @ Howard University. It has been accepted for inclusion in Selected Speeches by an authorized administrator of Digital Howard @ Howard University. For more information, please contact [email protected]. 173 "Bloody Crossroads" AFRICAN-AMERICANS and the BORK NOMINATION: A BIBLIOGRAPHIC ESSAY J. Clay Smith, Jr.* Two diverging traditions in the mainstream of Western political thought-one "liberal," the other "conservative"-have competed, and still_ compete, for control of the democratic process and of the American constitutional system; both have controlled the direction of our judicial policy at one time or another. - Alexander M. Bicke11 The clash over my nomination was simply one battle in-this long-running war for control of our legal culture. - Robert H. Bork2 On July 1, 1987 President Ronald Reagan announced his nomination of Judge Robert H. Bork to succeed Justice Lewis Powell * Professor of Law, Howard University School of Law. Alexander M. Bickel, The Morality Of Consent 3 (1975), hereafter, Morality Of Consent. 2 Robert H. Bork, The Tempting of America The Political Seduction of the Law 2 (1990), hereafter, Tempting of America. -
© Gibbel Kraybill & Hess LLP 2015
© Gibbel Kraybill & Hess LLP 2015 Everence Stewardship University Session A3 J. Doe v. Church Presented by GKH Attorney Peter J. Kraybill March 7, 2015 © Gibbel Kraybill & Hess LLP 2015 J. Doe v. Church Churches are not as “special” to outsiders, whether those outsiders are • cyber squatters • copyright holders • banks or • slip-and-fall victims Churches often will be treated as equal to businesses or other “legal entities” for purposes of • contract law • trademarks • copyrights and • negligence, among others. How can churches be protective and proactive when engaging with the world? Legal Threats State action versus Private action (government enforcement compared to civil litigation) State Action What about the government going after a church? US Constitution - Bill of Rights - First Amendment - Freedom of Religion - "Free exercise” clause: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof… http://www.law.cornell.edu/wex/free_exercise_clause Free Exercise Clause The Free Exercise Clause reserves the right of American citizens to accept any religious belief and engage in religious rituals. The clause protects not just those beliefs but actions taken for those beliefs. Specifically, this allows religious exemption from at least some generally applicable laws, i.e. violation of laws is permitted, as long as that violation was for religious reasons. In 1940, the Supreme Court held in Cantwell v. Connecticut that, due to the Fourteenth Amendment, the Free Exercise Clause is enforceable against state and local governments. http://www.law.cornell.edu/wex/free_exercise_clause Extra credit: Famous example of the Amish using the Free Exercise Clause? Wisconsin v. -
The Slip and Fall of the California Legislature in the Classification of Personal Injury Damages at Divorce and Death
Golden Gate University School of Law GGU Law Digital Commons Publications Faculty Scholarship Summer 2009 The liS p and Fall of the California Legislature in the Classification of Personal Injury Damages At Divorce and Death Helen Y. Chang Golden Gate University - San Francisco, [email protected] Follow this and additional works at: https://digitalcommons.law.ggu.edu/pubs Part of the Family Law Commons Recommended Citation 1 Estate Plan. & Comm. Prop. L. J. 345 (2009). This Article is brought to you for free and open access by the Faculty Scholarship at GGU Law Digital Commons. It has been accepted for inclusion in Publications by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. THE SLIP AND FALL OF THE CALIFORNIA LEGISLATURE IN THE CLASSIFICATION OF PERSONAL INJURY DAMAGES AT DIVORCE AND DEATH by Helen Y. Chang* I. INTRODUCTION .................................................................................. 345 II. CALIFORNIA'S HISTORICAL TREATMENT OF PERSONAL INJURY D AM AGES .......................................................................................... 347 A. No-Fault Divorce and the Principleof Equality ...................... 351 B. Problems with the CurrentCalifornia Law .............................. 354 1. The Cause ofAction 'Arises'PerFamily Code Section 2 603 ...................................................................................355 2. Division of PersonalInjury Damages at Divorce.............. 358 3. The Classification of PersonalInjury Damages -
Slip and Fall.Pdf
Garden State CLE 21 Winthrop Road • Lawrenceville, New Jersey 08648 (609) 895-0046 fax- 609-895-1899 [email protected] Video Course Evaluation Form Attorney Name____________________________________ Atty ID number for Pennsylvania:______________________ Name of Course You Just Watched_____________________ ! ! Please Circle the Appropriate Answer !Instructors: Poor Satisfactory Good Excellent !Materials: Poor Satisfactory Good Excellent CLE Rating: Poor Satisfactory Good Excellent ! Required: When you hear the bell sound, write down the secret word that appears on your screen on this form. ! Word #1 was: _____________ Word #2 was: __________________ ! Word #3 was: _____________ Word #4 was: __________________ ! What did you like most about the seminar? ________________________________________________________ ________________________________________________________ ____________________________________________ ! What criticisms, if any, do you have? ________________________________________________________ ________________________________________________________ ! I Certify that I watched, in its entirety, the above-listed CLE Course Signature ___________________________________ Date ________ Garden State CLE, 21 Winthrop Rd., Lawrenceville, NJ 08648 – 609-895-0046 – fax 609-895-1899 GARDEN STATE CLE LESSON PLAN A 1.0 credit course FREE DOWNLOAD LESSON PLAN AND EVALUATION WATCH OUT: REPRESENTING A SLIP AND FALL CLIENT Featuring Robert Ramsey Garden State CLE Senior Instructor And Robert W. Rubinstein Certified Civil Trial Attorney Program -
Memorial Minute in Memory of Wechsler
430 • 2000 PROCEEDINGS The Memorial Minute in memory of Herbert Wechsler was read by Chair of the Council Roswell B. Perkins. Herbert Wechsler December 4, 1909 - April 26, 2000 Out of the nine decades of the life of Herbert Wechsler, 46 years were ones of membership in The American Law Institute and 21 years were ones of extraordinary service as the third Director of the Institute. It is unlikely that the magnificence of his contributions to the Institute will ever be surpassed. In his oral interview with Paul Wolkin in 1989, Herb said (and I cannot refrain from calling him Herb in spite of the formality of this biographical memorial): I remember it took quite a lot of courage on my part, after I'd been a Reporter for a couple of years, to ask Judge Goodrich if he'd either propose me or get me proposed as a member. He looked at me with astonishment and said, "You mean you're not a member?" Of course Judge Goodrich, Herb's predecessor as Director, promptly remedied this institutional oversight in the same year, 1954. Herb's choice of a career in service of the law was attributable in part to the fact of his being the son of a lawyer, Samuel Wechsler. Herb was born in New York City, brought up in Manhattan, and entered City College of New York at the age of 15, graduating in 1928 with a degree in French. In a dialogue recorded in the Columbia Oral History Project, conducted between 1978 and 1982, Herb gave us this vignette of his col lege days: I was not only apolitical, but rather anti-political in col lege. -
SCC File No. 39108 in the SUPREME COURT of CANADA (ON APPEAL from the COURT of APPEAL for BRITISH COLUMBIA) BETWEEN: CITY OF
SCC File No. 39108 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA) BETWEEN: CITY OF NELSON APPLICANT (Respondent) AND: TARYN JOY MARCHI RESPONDENT (Appellant) ______________________________________________ MEMORANDUM OF ARUMENT OF THE RESPONDENT (Pursuant to Rule 27 of the Rules of the Supreme Court of Canada) ______________________________________________ DAROUX LAW CORPORATION MICHAEL J. SOBKIN 1590 Bay Avenue 33 Somerset Street West Trail, B.C. V1R 4B3 Ottawa, ON K2P 0J8 Tel: (250) 368-8233 Tel: (613) 282-1712 Fax: (800) 218-3140 Fax: (613) 288-2896 Danielle K. Daroux Michael J. Sobkin Email: [email protected] Email: [email protected] Counsel for the Respondent, Taryn Joy Marchi Agent for Counsel for the Respondent MURPHY BATTISTA LLP #2020 - 650 West Georgia Street Vancouver, B.C. V6B 4N7 Tel: (604) 683-9621 Fax: (604) 683-5084 Joseph E. Murphy, Q.C. Email: [email protected] Counsel for the Respondent, Taryn Joy Marchi ALLEN / MCMILLAN LITIGATION COUNSEL #1550 – 1185 West Georgia Street Vancouver, B.C. V6E 4E6 Tel: (604) 569-2652 Fax: (604) 628-3832 Greg J. Allen Tele: (604) 282-3982 / Email: [email protected] Liam Babbitt Tel: (604) 282-3988 / Email: [email protected] Counsel for the Applicant, City of Nelson 1 PART I – OVERVIEW AND STATEMENT OF FACTS A. Overview 1. The applicant City of Nelson (“City”) submits that leave should be granted because there is lingering confusion as to the difference between policy and operational decisions in cases of public authority liability in tort. It cites four decisions in support of this proposition. None of those cases demonstrate any confusion on the part of the lower courts. -
Hearing Before The
RETURN TO FILES CRIMINAL RULES COMUITTEE 207 United States- Supreme Court Copy for Mr. AlexArnder Holtzoff, Secretary. Tuesday, September 9, 1941. Hearing Before the ADVISORY COMMITTEE ON RULES OF CRIMINAL PROCEDURE UNITED STATES SUPREME COURT WASHINGTON, D. C. GEO. L.HART HART & DICE EDWIN DICE SHORTHAND REPORTERS TELEPHONES LLOYD L. HARKINS. 416 FIFTH ST. N. W. NATIONAL 0343 OFFICE MANAGER SUITE 301-307 COLUMBIAN BLDG. NATIONAL 0344 WASHINGTON. D. C. 239 CONTEXTS. Tuesday, September 9, 1941. Rule, 8 -240 Rule, 9 --------------------------------------------- Rule ,10 5338,355 Rule,20 -394 Rule,21 -405 Rule,2 - 457 Rule.29 ---------------------------------------------- 458 Rule,30 ---------------------------------------------- 458 Rule,34 --------------------------------------------- 465 -- oo0oo-- lbb 240 NJC ADVISORY COMMITTEE ON RULES OF CRIMINAL PROCEDURE UNITED STATES SUPREME COURT WASHINGTON, D. C. Tuesday, September 9, 1941. The Advisory Committee met at 10 otclock a.m., in room 147-B, Supreme Court Building, Washington, D. C., Arthur T. Vanderbilt presiding. Present: Arthur T. Vanderbilt, Chairman; James J.Robinson, Reporter; Alexander Holtzoff, Secretary; George James Burke, Frederick E. Crane, Gordon Dean, George H. Dession, Sheldon Glueck, George Z. Medalie, Lester B. Orfield, Murray Seasongood, J. 0. Seth, Herbert Wechsler, G. Aaron Youngquist, George F. Longsdorf, John B. Waite. The Chairman. All right, gentlemen. Let us proceed. I believe we are on Rule 8, page 3, sub-heading (b). Mr. Holtzoff. I have a question as to the phraseology of that. When you speak of filing one of the following notices, pleas, or motions, that seems to convey the impression, which probably was not intended, that there must be a written plea, because you cannot file an oral plea. -
When the Bough Breaks: a Proposal for Georgia Slip and Fall Law After Alterman Foods, Inc. V. Ligon Daniel W
Urban Law Annual ; Journal of Urban and Contemporary Law Volume 55 January 1999 When the Bough Breaks: A Proposal for Georgia Slip and Fall Law After Alterman Foods, Inc. v. Ligon Daniel W. Champney Follow this and additional works at: https://openscholarship.wustl.edu/law_urbanlaw Part of the Law Commons Recommended Citation Daniel W. Champney, When the Bough Breaks: A Proposal for Georgia Slip and Fall Law After Alterman Foods, Inc. v. Ligon, 55 Wash. U. J. Urb. & Contemp. L. 073 (1999) Available at: https://openscholarship.wustl.edu/law_urbanlaw/vol55/iss1/5 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Urban Law Annual ; Journal of Urban and Contemporary Law by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. WHEN THE BOUGH BREAKS: A PROPOSAL FOR GEORGIA SLIP AND FALL LAW AFTER ALTERMAN FOODS, INC. V LIGON INTRODUCTION Before the Georgia Supreme Court's recent decision in Robinson v. Kroger Co.' ("Robinson"), the authors of a yearly survey of Georgia tort law succinctly described the status of the subset of commercial premises liability law known as slip-and-fal 2 cases by stating: "Something is fundamentally wrong with the appellate standard of review for slip and fall cases in Georgia.",3 The problems 1. 493 S.E.2d 403 (Ga. 1997) (reexamining Georgia's slip-and-fall law for the first time since Barentine v. Kroger Co., 443 S.E.2d 485 (Ga. -
Introduction
INTRODUCTION These volumes embody the Official Draft of Restatement Sec- ond of the Law of Conflict of Laws, approved for publication by the American Law Institute at the Annual Meeting of 1969. They supersede entirely the original Restatement of this subject pub- lished by the Institute in 1934. As those who followed the tenta- tive drafts (1953 to 1965) and the three installments of the pro- posed official draft (1967 to 1969) will readily confirm, the new work is far more than a current version of the old. In basic analysis and technique, in the position taken on a host of issues, in the elaboration of the commentary and addition of Reporter's Notes, what is presented here is a fresh treatment of the sub- ject. It is a treatment that takes full account of the enormous change in dominant judicial thought respecting conflicts problems that has taken place in relatively recent years. The essence of that change has been the jettisoning of a multiplicity of rigid rules in favor of standards of greater flexibility, according sensitivity in judgment to important values that were formerly ignored. Such a transformation in the corpus of the law reduces certitude as well as certainty, posing a special problem in the process of restate- ment. Its solution lies in candid recognition that black-letter formulations often must consist of open-ended standards, gaining further content from reasoned elaboration in the comments and specific instances of application given there or in the notes of the Reporter. That technique is not unique to Conflicts but the situation here has called for its employment quite pervasively throughout these volumes. -
State of Wyoming Retail and Hospitality Compendium of Law
STATE OF WYOMING RETAIL AND HOSPITALITY COMPENDIUM OF LAW Prepared by Keith J. Dodson and Erica R. Day Williams, Porter, Day & Neville, P.C. 159 North Wolcott, Suite 400 Casper, WY 82601 (307) 265-0700 www.wpdn.net 2021 Retail, Restaurant, and Hospitality Guide to Wyoming Premises Liability Introduction 1 Wyoming Court Systems 2 A. The Wyoming State Court System 2 B. The Federal District Court for the District of Wyoming 2 Negligence 3 A. General Negligence Principles 3 B. Elements of a Cause of Action of Negligence 4 1. Notice 4 2. Assumption of Risk 5 Specific Examples of Negligence Claims 6 A. “Slip and Fall” Cases 6 1. Snow and Ice – Natural Accumulation 6 2. Slippery Surfaces 7 3. Defenses 9 B. Off Premises Hazards 12 C. Liability for Violent Crime 12 1. Tavern Keepers Liability for Violent Crime 13 2. Defenses 14 D. Claims Arising from the Wrongful Prevention of Thefts 15 1. False Imprisonment 15 2. Malicious Prosecution and Abuse of Process 16 3. Defamation 17 4. Negligent Hiring, Retention, or Supervision of Employees 18 5. Shopkeeper Immunity 18 6. Food Poisoning 19 E. Construction-Related Accidents 20 Indemnification and Insurance – Procurement Agreement 21 A. Indemnification 21 B. Insurance Procurement Agreements 23 C. Duty to Defend 23 Damages 24 A. Compensatory Damages 24 B. Collateral Source 25 C. Medical Damages (Billed v. Paid) 25 D. Nominal Damages 26 E. Punitive Damages 26 F. Wrongful Death and Survivorship Actions 27 1. Wrongful Death Actions 27 2. Survivorship Actions 28 Dram Shop Actions 28 A. Dram Shop Act 28 Introduction As our communities change and grow, retail stores, restaurants, hotels, and shopping centers have become new social centers. -
Herbert Wechsler and the Political History of the Criminal Law Course
The Anti-Case Method: Herbert Wechsler and the Political History of the Criminal Law Course Anders Walker* This article is the first to cover the transformation in criminal law teaching away from the case method and towards a more open-ended philosophicalapproach in the 1930s. It makes three contributions. One, it shows how Columbia law professor Herbert Wechsler revolutionized the teaching of criminal law by de-emphasizing cases and including a variety of non-case-relatedmaterial in his 1940 text Criminal Law and Its Administration. Two, it reveals that at least part of Wechsler's intention behind transforming criminal law teaching was to undermine Langdell's case method, which he blamed for producing a "closed- system" view of the law that contributed to the Supreme Court's destruction of the first half of the New Deal. Three, it shows that Wechsler's text inspired an entire generation of law teachers who believed that criminal law should be taught as a "liberal arts" course, precisely so that law students would not become criminal lawyers. The legal academy's disdain for criminal practice, this article concludes, allowed scholars like Wechsler to introduce innovations in criminal law teaching that became a subsequent model for law teaching generally in the United States during the latter halfof the twentieth century. Few areas of legal practice command more popular attention than criminal law.' Yet, the manner in which criminal law is taught in law schools has relatively little to do with preparing students for criminal practice. Beginning in the 1930s, law schools intentionally reconfigured their criminal law courses so that students would not become criminal lawyers. -
Retailer's Guide to New York Premises Liability
U STATE OF NEW YORK RETAIL COMPENDIUM OF LAW Prepared by Kenneth M. Alweis Stefan A. Borovina Goldberg Segalla LLP Email: [email protected] [email protected] www.goldbergsegalla.com 2014 USLAW Retail Compendium of Law Retail, Restaurant, and Hospitality Guide to New York Premises Liability Introduction 1 A. The New York State Court System 2 B. New York Federal Courts 2 Negligence 3 A. General Negligence Principles 3 B. Elements of a Cause of Action of Negligence 4 1. Creation of the Dangerous Condition 4 2. Actual Notice 4 3. Constructive Notice 5 C. The “Out of Possession Landlord” 5 D. Assumption of Risk 6 Examples of Negligence Claims 8 A. “Slip and Fall” Type Cases 8 1. Snow and Ice – “The Storm in Progress” Doctrine 8 2. “Black Ice” 9 3. Snow Removal Contractors 10 4. Slippery Surfaces – Cleaner, Polish, and Was 10 5. Defenses 10 a. Plaintiff Failed to Establish the Existence of a Defective Conditions 11 b. Trivial Defect 11 c. Open and Obvious Defects 12 B. Liability for Violent Crime 14 1. Control 14 2. Foreseeability 14 3. Joint and Several Liability 15 4, Security Contractors 16 5. Defenses 16 C. Claims Arising From the Wrongful Prevention of Thefts 19 1. False Arrest and Imprisonment 19 2. Malicious Prosecution 20 3. Defamation 21 4. Negligent Hiring, Retention, or Supervision of Employees 21 5. Shopkeeper Immunity 21 a. General Business Law §218 22 D. Food Poisoning 24 E. Construction-Related Accidents (New York Labor Law) 24 1. Labor Law §200 24 2. Labor Law §240(1) 25 a.