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Journal articles on the topic 'Elm Court'

Author: Grafiati

Published: 4 June 2021

Last updated: 11 February 2022

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1

Hauptman, Laurence M. "American Indians and the Right to Vote: United States v. Elm (1877), Its Origins, and Its Impact." Journal of the Gilded Age and Progressive Era 20, no. 2 (April 2021): 234–51. http://dx.doi.org/10.1017/s153778142000081x.

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AbstractIn November 1876, two Oneida Indians, Abram Elm and Lewis Doxtator, were arrested for voting illegally in the twenty-third congressional district election in New York. Their trial was held the next year in a federal court in the Northern District of New York, the same venue where Susan B. Anthony had been tried and convicted on a similar charge four years earlier. This essay focuses on the significance of the historically neglected United States v. Elm case, its origins, why the decision was rendered, and its short-term and long-term impact. Importantly, United States v. Elm has cast a long shadow over Supreme Court decisions—from the time of Elk v. Wilkins in 1884 right up to City of Sherrill v. Oneida Indian Nation in New York in 2005. In going to the polls, the two Native Americans were not trying to deny their Oneida identity; they saw themselves as dual citizens advocating a different course of resistance.

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2

Habersack, Mathias, and Reinhard Zimmermann. "Legal Change in a Codified System: Recent Developments in Germany Suretyship Law." Edinburgh Law Review 3, no. 3 (September 1999): 272–93. http://dx.doi.org/10.3366/elr.1999.3.3.272.

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Until recently, the German courts did not regard the contract of suretyship as subject to the precepts of commutative justice. This attitude prevailed even when the contract was unduly burdensome for the surety. A startling decision of the Federal Constitutional Court from October 1993 has changed the legal position. It enjoined the civil courts, when applying the general provisions of the BGB (such as the “contra bonos mores” clause), to pay due attention to the guarantee of the autonomy of private individuals, as enshrined in art 2 I of the Basic Law. Such autonomy is not always consistent with unrestricted freedom of contract. The civil courts are thus bound to intervene in unusually burdensome contracts where there is inequality of bargaining power. The present article analyses the general background and the consequences of this decision. It examines the way in which the Federal Supreme Court now deals with contracts of suretyship by close family members. Moreover, it draws attention to significant changes in judicial attitude concerning two related problems which have also resulted in increased protection of the surety: the tightening up of the judicial control of so-called declarations of purpose; and the stricter attitude adopted by the Federal Supreme Court towards the form requirement for suretyship contracts prescribed by the BGB.

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3

Cornwell, Jane. "Intellectual Property Litigation at the Court of Session: A First Empirical Investigation." Edinburgh Law Review 21, no. 2 (May 2017): 192–216. http://dx.doi.org/10.3366/elr.2017.0410.

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Scotland is said to enjoy an economy rich in intellectual property (“IP”), but reported decisions from the Court of Session in IP matters are rare. This article analyses a new dataset of Court of Session IP actions compiled from court records for the period from 2008 to 2014, alongside a survey and interviews conducted among Scottish legal practitioners working in the field of IP. The research provides insights into the Court of Session's IP caseload, parties and their sectors, the subject matter of claims and remedies sought. This article discusses key themes emerging from the research data against the broader context of civil justice reform and jurisdictional competition between the Scottish, English and other courts.

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4

White, Robin M. "Lay Criminal Courts in Scotland: The Justifications for, and Origins of, the New JP Court." Edinburgh Law Review 16, no. 3 (September 2012): 358–85. http://dx.doi.org/10.3366/elr.2012.0120.

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5

Rodger, Barry J. "The Interface Between Competition Law and Private Law: Article 81, Illegality and Unjustified Enrichment." Edinburgh Law Review 6, no. 2 (May 2002): 217–43. http://dx.doi.org/10.3366/elr.2002.6.2.217.

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Private enforcement through private party litigation is to play a central role in the enforcement of the European Community competition rules. However, there has so far been little case-law in the national courts to explore in detail the range of issues concerning the award of remedies for breach of the competition rules, principally arts 81 and 82 of the EC Treaty. This article considers the particular position of a cocontractor seeking to claim damages in unjustified enrichment in respect of a contract which is prohibited by art 81 and illegal. The Scots law position on the general question of recovery of damages with regard to an illegal contract is discussed, together with some recent English cases involving a breach of art 81. The article looks at the development of Community jurisprudence laying down the requirement for national courts to provide legal redress and to ensure the effectiveness of Community law. Finally, it considers the recent ruling by the European Court of Justice in Courage v Crehan on a reference from the Court of Appeal.

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6

Chalmers, James, Fiona Leverick, and Vanessa E. Munro. "A Modern History of the Not Proven Verdict." Edinburgh Law Review 25, no. 2 (May 2021): 151–72. http://dx.doi.org/10.3366/elr.2021.0692.

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While the origins of Scots law's unique “not proven” verdict in criminal cases are well-documented, there has been no systematic examination of its use and interpretation over time. Although the verdict has frequently been the subject of controversy in the courts, legal journals or public debate, analysis of it has tended to be sporadic and focused on specific controversies arising at given points in time. As a result, discussions about the verdict's future are often cyclical, meaning that the debate tends to repeat itself rather than advancing over time. This article fills this gap in the literature. Based on a comprehensive review of sources including (but not limited to) judicial statistics, court decisions, periodical literature and Parliamentary debates, it charts the evidence on the use of the not proven verdict by juries, the approach of the courts, and debates both on how the verdict should be interpreted and whether it should be retained.

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7

Josefsson, Henrik. "The Environmental Liability Directive, the Water Framework Directive and the Definition of ‘Water Damage’." Environmental Law Review 20, no. 3 (September 2018): 151–62. http://dx.doi.org/10.1177/1461452918789814.

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The Environmental Liability Directive (ELD) focuses on remediating environmental damage. To assess environmental damage it uses existing assessment systems, and the constructs that are at the centre of these systems. One of these is ‘ecological status’ in the context of the Water Framework Directive (WFD). The ELD refers to the WFD with respect to what ‘water damage’ concerns, without specifying what it means and it offers no threshold for when deterioration is significant enough to count as ‘water damage’. A definition of ‘water damage’ is developed, based on the European Court of Justice’s latest rulings, which clarify when the deterioration of a body of water is so significant that it passes from ‘deterioration’ under the WFD, to ‘water damage’ under the ELD.

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8

Choi, Sea Hee, and Tania Ionin. "What's the smallest part of spinach? A new experimental approach to the count/mass distinction." Experiments in Linguistic Meaning 1 (July 30, 2021): 113. http://dx.doi.org/10.3765/elm.1.4867.

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This paper reports on a study that uses a novel methodology, the minimal part identification task, in order to probe the relationship between morphosyntax and interpretation. English, Korean and Mandarin Chinese differ from one another with regard to the count/mass distinction. Building on prior research but using a new methodology, this study examines whether speakers of these three languages also differ in how they interpret count vs. mass nouns. The findings, while uncovering some language-specific effects of morphosyntax, point to the importance of universality, and suggest that interpretation drives morphosyntax rather than the other way around.

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9

Bruning, Mariëlle, and Jiska Peper. "Giving Children a Voice in Court?" Erasmus Law Review 13, no. 1 (August 2020): 31–44. http://dx.doi.org/10.5553/elr.000157.

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10

Teutsch, Alexander. "Mehrsprachigkeit bei Gericht: Bereicherung, Herausforderung oder Problem? Grundvoraussetzungen eines Strafverfahrens in verschiedenen Sprachen." Europäisches Journal für Minderheitenfragen 14, no. 1-2 (2021): 13. http://dx.doi.org/10.35998/ejm-2021-0001.

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11

Bury, Catherine. "NO ORDINARY COURT: 100 YEARS OF THE SCOTTISH LAND COURT. Ed The Scottish Land Court Edinburgh: Avizandum Publishing Limited (www.avizandum.com ), 2012. xiii + 203 pp. ISBN 9781904968511. £16.95." Edinburgh Law Review 17, no. 1 (January 2013): 111–13. http://dx.doi.org/10.3366/elr.2013.0148.

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12

Chalmers, James. "Scottish Appeals and the Proposed Supreme Court." Edinburgh Law Review 8, no. 1 (January 2004): 4–30. http://dx.doi.org/10.3366/elr.2004.8.1.4.

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13

RHEE V AN. "Review of Recent Two Supreme Court Cases on Solid Waste Management Facility - Supreme Court Decision 2017Do7492 decided on Nov.14,2017 & Supreme Court Decision 2017Do9582 decided on Oct.31.2017 -." Environmental Law Review 40, no. 2 (August 2018): 1–36. http://dx.doi.org/10.35769/elr.2018.40.2.001.

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14

McCorkindale, Christopher. "Public Interest Litigants in the Court of Session." Edinburgh Law Review 19, no. 2 (May 2015): 248–53. http://dx.doi.org/10.3366/elr.2015.0276.

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15

Gordon, Greg. "An Energy and Natural Resources Court for Scotland?" Edinburgh Law Review 19, no. 3 (September 2015): 419–24. http://dx.doi.org/10.3366/elr.2015.0306.

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16

SoRelle, Ruth. "California Supreme Court Forbids Balanced Billing." Emergency Medicine News 31, no. 6 (June 2009): 1. http://dx.doi.org/10.1097/01.eem.0000354484.71518.19.

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17

Yip, Man. "The Singapore International Commercial Court: The Future of Litigation?" Erasmus Law Review 12, no. 1 (October 2019): 82–97. http://dx.doi.org/10.5553/elr.000109.

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18

Peetermans, Erik, and Philippe Lambrecht. "The Brussels International Business Court: Initial Overview and Analysis." Erasmus Law Review 12, no. 1 (October 2019): 42–55. http://dx.doi.org/10.5553/elr.000117.

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19

Black, Gillian. "Contact Hearings and Contempt of Court: SM v CM." Edinburgh Law Review 21, no. 2 (May 2017): 275–81. http://dx.doi.org/10.3366/elr.2017.0420.

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20

Tokaji, Daniel P. "HAVA in Court: A Summary and Analysis of Litigation." Election Law Journal: Rules, Politics, and Policy 12, no. 2 (June 2013): 203–17. http://dx.doi.org/10.1089/elj.2013.1223.

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21

Ingelbien, Raphael. "Gothic Genealogies: Dracula, Bowen's Court, And Anglo-Irish Psychology." ELH 70, no. 4 (2003): 1089–105. http://dx.doi.org/10.1353/elh.2004.0005.

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22

&NA;. "Patientsʼ Rights Case to High Court." Emergency Medicine News 23, no. 10 (October 2001): 49. http://dx.doi.org/10.1097/01.eem.0000288606.06050.e7.

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23

Chalmers, James. "Andrew Le Sueur (ed.), Building the UK's New Supreme Court." Edinburgh Law Review 9, no. 2 (May 2005): 341–42. http://dx.doi.org/10.3366/elr.2005.9.2.341.

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24

Lindsay, Bobby. "Penalty Clauses in the Supreme Court: A Legitimately Interesting Decision?" Edinburgh Law Review 20, no. 2 (May 2016): 204–10. http://dx.doi.org/10.3366/elr.2016.0342.

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25

Dean, Ann C. "Court Culture and Political News in London's Eighteenth-Century Newspapers." ELH 73, no. 3 (2006): 631–49. http://dx.doi.org/10.1353/elh.2006.0023.

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26

Hodge, Patrick S. "Does Scotland need its own Commercial Law?" Edinburgh Law Review 19, no. 3 (September 2015): 299–310. http://dx.doi.org/10.3366/elr.2015.0292.

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In this article, Lord Hodge, Justice of the United Kingdom Supreme Court, draws on his long experience of commercial advocacy and of judicial office at both the Court of Session in Scotland and the Supreme Court in London, to ponder the question of whether Scotland continues to require a commercial law which is distinctive to that of other nations, in particular to that of England. Lord Hodge's evaluation of the question posed offers a mixed response: there is much of value in many of the solutions adopted by Scots commercial law, however law reformers, academics, and judges must be open to good things from elsewhere and must build bridges to make Scots commercial law accessible to those outside Scotland with whom Scotland does business.

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27

Wice, Jeffrey M., and Leonard M. Kohen. "Court Deference to State Legislatures in Redistricting After Perry v. Perez." Election Law Journal: Rules, Politics, and Policy 11, no. 4 (December 2012): 431–45. http://dx.doi.org/10.1089/elj.2012.0162.

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28

Minogue, Sally. "A Woman's Touch: Astrophil, Stella and "Queen Vertue's Court"." ELH 63, no. 3 (1996): 555–70. http://dx.doi.org/10.1353/elh.1996.0028.

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29

Crayton, Kareem U. "Bartlett v. Strickland: Unveiling the Roberts Court Philosophy on Election Law." Election Law Journal: Rules, Politics, and Policy 7, no. 4 (December 2008): 347–53. http://dx.doi.org/10.1089/elj.2008.0010.

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30

Murray, Sarah. "Forcing Parliamentary Rollback: High Court Intervention in Australian Electoral Legislative Reform." Election Law Journal: Rules, Politics, and Policy 11, no. 3 (September 2012): 316–30. http://dx.doi.org/10.1089/elj.2011.0138.

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31

Norrie, Kenneth McK. "Would Scots Law Recognise a Dutch Same-Sex Marriage?" Edinburgh Law Review 7, no. 2 (May 2003): 147–73. http://dx.doi.org/10.3366/elr.2003.7.2.147.

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The opening, in the Netherlands, of the institution of marriage to same-sex couples will sooner or later give rise to the question of whether the Scottish international private law rules relating to marriage will permit or even demand the recognition here ofsuch unions validly entered into there. It is suggested in this article that the proper approach is not to ask whether the Scottish court will recognise the relationship as the institution ofmarriage as such, but whether the Scottish court will give effect to consequencesflowingfrom thefact that the relationship has been sanctioned by the Dutch state. For many purposes the answer to that question is unavoidably yes, and it is argued that since that is so then on grounds ofprinciple, policy, and practicality the Scottish court should give effect to such consequences as it would in relation to a Dutch opposite-sex union. There is no public policy objection to doing so.

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32

Christman, Ben, and Malcolm Combe. "Funding Civil Justice in Scotland: Full Cost Recovery, at What Cost to Justice?" Edinburgh Law Review 24, no. 1 (January 2020): 49–73. http://dx.doi.org/10.3366/elr.2020.0599.

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In Scotland, there has been an increasing trend for the costs associated with the administration of civil justice to be met by the users of the court system. Such a policy can broadly be referred to as “full cost recovery”. A recent Scottish Government consultation on court fees uncritically continued with this overall approach, but various consultees nevertheless took the opportunity to critique full cost recovery in the context of that consultation and more generally. This article takes up that analysis, in a manner that should also be of interest to non-Scottish readers who may be contending with a similar challenge in another jurisdiction, by critiquing full cost recovery in principle and by offering potential routes by which its implementation might be challenged. It begins by explaining what full cost recovery actually is and investigating its origins, before interrogating some of the assumptions or acquiescence that seems to have developed around the issue and discussing the potential for litigation against court fees in Scotland.

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33

Scheck, Anne. "Presettlement Financing Lets Plaintiffs Collect Before Case Reaches Court." Emergency Medicine News 31, no. 10 (October 2009): 1. http://dx.doi.org/10.1097/01.eem.0000361667.58799.80.

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34

SoRelle, Ruth. "Breaking News: Texas Court Refuses AAEM Suit against TeamHealth." Emergency Medicine News 32, no. 8 (August 2010): 1. http://dx.doi.org/10.1097/01.eem.0000387708.57244.70.

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35

Gilbert, Michael D. "Direct Democracy, Courts, and Majority Will." Election Law Journal: Rules, Politics, and Policy 9, no. 3 (September 2010): 211–14. http://dx.doi.org/10.1089/elj.2010.9305.

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36

Neff, Stephen C. "Idealism in Action: International Law and Nuclear Weapons in Greenock Sheriff Court." Edinburgh Law Review 4, no. 1 (January 2000): 74–86. http://dx.doi.org/10.3366/elr.2000.4.1.74.

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37

MacFarlane, Lorna. "Whose Loss is it Anyway? Transferred Loss in the Court of Appeal." Edinburgh Law Review 23, no. 3 (September 2019): 401–6. http://dx.doi.org/10.3366/elr.2019.0576.

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38

Kelliher, Camden, Saldi Isra, Yuliandri, Zainul Daulay, Hilaire Tegnan, and Feri Amsari. "Unconstitutional Authority of Indonesia's Constitutional Court: The Resolution of Pilkada Result Disputes." Election Law Journal: Rules, Politics, and Policy 18, no. 3 (September 1, 2019): 297–308. http://dx.doi.org/10.1089/elj.2018.0535.

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39

Li, Yan, Yigang He, and Baiqiang Yin. "Evaluation Method for Complex Electromagnetic Environment." Journal of Advanced Computational Intelligence and Intelligent Informatics 23, no. 5 (September 20, 2019): 891–97. http://dx.doi.org/10.20965/jaciii.2019.p0891.

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To perform a complexity evaluation for an electromagnetic environment (EME), a new method based on the S-transform is proposed, which can simultaneously count the time occupancy, frequency occupancy, and energy occupancy in the time–frequency domain. The frequency coincidence, modulation similarity, and background noise intensity are selected as important evaluation indices, and their physical interpretations are analyzed and calculated. The Extreme Learning Machine (ELM) method is adopted to evaluate the environmental complexity. The proposed method (S-ELM) requires less training time and has a fast convergence rate. The simulation and experimental results confirm that the proposed method is accurate and efficient.

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40

Gussow, Leon. "Risks of Promethazine Argued Before the Supreme Court." Emergency Medicine News 31, no. 3 (March 2009): 4–5. http://dx.doi.org/10.1097/01.eem.0000347241.78668.cd.

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41

Clegg, Richard. "Unemployment and the claimant count: September 2011." Economic & Labour Market Review 5, no. 9 (September 2011): 54–56. http://dx.doi.org/10.1057/elmr.2011.77.

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42

Clegg, Richard. "Unemployment and the claimant count: October 2011." Economic & Labour Market Review 5, no. 10 (October 2011): 84–86. http://dx.doi.org/10.1057/elmr.2011.88.

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43

Bauw, Eddy. "Commercial Litigation in Europe in Transformation: The Case of the Netherlands Commercial Court." Erasmus Law Review 12, no. 1 (October 2019): 15–23. http://dx.doi.org/10.5553/elr.000110.

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44

Smith, James M. "Effaced History: Facing the Colonial Contexts of Ben Jonson's Irish Masque at Court." ELH 65, no. 2 (1998): 297–321. http://dx.doi.org/10.1353/elh.1998.0015.

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45

Zambrana-Tévar, Nicolás. "The Court of the Astana International Financial Center in the Wake of Its Predecessors." Erasmus Law Review 12, no. 1 (October 2019): 122–35. http://dx.doi.org/10.5553/elr.000125.

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46

Sen, Ronojoy. "Identifying Criminals and Crorepatis in Indian Politics: An Analysis of Two Supreme Court Rulings." Election Law Journal: Rules, Politics, and Policy 11, no. 2 (June 2012): 216–25. http://dx.doi.org/10.1089/elj.2011.0133.

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47

Dowling, Conor M., Ryan D. Enos, Anthony Fowler, and Costas Panagopoulos. "Does Public Financing Chill Political Speech? Exploiting a Court Injunction as a Natural Experiment." Election Law Journal: Rules, Politics, and Policy 11, no. 3 (September 2012): 302–15. http://dx.doi.org/10.1089/elj.2011.0143.

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48

Biard, Alexandre. "International Commercial Courts in France: Innovation without Revolution?" Erasmus Law Review 12, no. 1 (October 2019): 24–32. http://dx.doi.org/10.5553/elr.000111.

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49

Izarova, I. "ELI-UNIDROIT MODEL EUROPEAN RULES OF CIVIL PROCEDURE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 24–29. http://dx.doi.org/10.17721/1728-2195/2021/2.117-5.

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This article provides a general analysis of the Model European Rules of Civil Procedure established in 2020 (hereinafter – the Rules). It describes their structure, defines the purpose and goals, main principles. The author comes to the conclusions regarding the role and importance of these Rules for the further development of civil proceedings, both in the EU Member States and in other countries, in particular, in Ukraine. The important role of the unification of the terminology of civil procedure is identified. In particular, we are talking about such specific institutions of civil procedural law as the principle of cooperation between a judge and parties, the principle of settlement, case management and others, which are absent in Ukrainian national legislation, nevertheless, very important for the scholar research. Second, the scope and main principles of the Rules require rethinking of traditional approaches to regulating the relationship between a judge, parties and their representatives, as well as the role of a judge in proceedings, new approaches to the phasing of court proceedings and the differentiation of civil procedure, which should be helpful while further development of the civil procedural legislation in Ukraine. Keywords: access to justice; civil proceedings; dispute settlement; the principle of cooperation between a judge and parties; the principle of proportionality; effective protection of rights.

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50

McCarthy, Frankie, and Chris McCorkindale. "Named Persons in the Supreme Court: The Christian Institute and Others v The Lord Advocate." Edinburgh Law Review 21, no. 2 (May 2017): 240–47. http://dx.doi.org/10.3366/elr.2017.0415.

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