Changes made to version 1.2 that need further explanation:
Rule 1.2.1. was changed to use the imperative "shall choose" in preference to the merely descriptive "chooses" and specify that the third chosen judge chairs the panel.
Rule 1.2.2 similarly opts for "may" over a mere description. More substantively, it offers judges the option of dismissing a suit where neither of the remedies comports with applicable law. The revision neutralizes the threat of a hung panel that might otherwise follow from offering the third option of dismissal. Suppose for instance that one trial court judge chooses the plaintiff's proposed remedy, one the defendant's, and the third chooses to dismiss. The new language requires a majority vote only to choose a remedy, else the case is dismissed.
Revised rule 1.2.3 adds a "reasonable" qualifier to the award of legal costs. That comports with usage in other legal systems and discourages litigation strategies that amount to relabeling punitive damages as legal costs.
The new 1.2.4 creates an appellate process for Ulex. To fully explain it will take some paragraphs, and the account (already prepared) includes helpful illustrations. In brief, the process requires no standing institution and can be scaled up indefinitely. A higher court has no power to bind any lower court except one responsible for the decision under its immediate review. Judges from lower court decisions remain on the panel of the appellate court, along with newly added judges. Each round of appeals adds four new judges and appoints a new chair, giving each successive opinion more precedential weight than those prior.
In Rule 2.4.7, the citation to ALI, Restatement of Employment Law, Third (2015), was corrected; it formerly by mistake cited a draft 2014 version. (As usual, due to the ALI's aggressive copyright policy, there is no link to the text available.)
In Rule 2.6.3, the citation to ULC, Uniform Parentage Act (2017), was updated to a newer version of the Act; it formerly cited the 2002 version. Though not all updates merit incorporation into Ulex, this particular one improved a not-very-popular Act by accommodating same-sex parents and advances in reproductive technologies. (Here is the new link to see the law, itself: http://www.uniformlaws.org/shared/docs/parentage/UPA2017_Final_2017sep22.pdf)
New rule 2.8.6 offers a Wrongful Death and Survival Act. A full explanation of the need for and form of this Act will take some paragraphs. In brief, it fills a gap in the common law that risks exempting those who wrongfully kill from rendering adequate financial compensation to the estate of the deceased.
Changes made to version 1.2 that need further explanation:
Rule 1.2.1. was changed to use the imperative "shall choose" in preference to the merely descriptive "chooses" and specify that the third chosen judge chairs the panel.
Rule 1.2.2 similarly opts for "may" over a mere description. More substantively, it offers judges the option of dismissing a suit where neither of the remedies comports with applicable law. The revision neutralizes the threat of a hung panel that might otherwise follow from offering the third option of dismissal. Suppose for instance that one trial court judge chooses the plaintiff's proposed remedy, one the defendant's, and the third chooses to dismiss. The new language requires a majority vote only to choose a remedy, else the case is dismissed.
Revised rule 1.2.3 adds a "reasonable" qualifier to the award of legal costs. That comports with usage in other legal systems and discourages litigation strategies that amount to relabeling punitive damages as legal costs.
The new 1.2.4 creates an appellate process for Ulex. To fully explain it will take some paragraphs, and the account (already prepared) includes helpful illustrations. In brief, the process requires no standing institution and can be scaled up indefinitely. A higher court has no power to bind any lower court except one responsible for the decision under its immediate review. Judges from lower court decisions remain on the panel of the appellate court, along with newly added judges. Each round of appeals adds four new judges and appoints a new chair, giving each successive opinion more precedential weight than those prior.
In Rule 2.4.7, the citation to ALI, Restatement of Employment Law, Third (2015), was corrected; it formerly by mistake cited a draft 2014 version. (As usual, due to the ALI's aggressive copyright policy, there is no link to the text available.)
In Rule 2.6.3, the citation to ULC, Uniform Parentage Act (2017), was updated to a newer version of the Act; it formerly cited the 2002 version. Though not all updates merit incorporation into Ulex, this particular one improved a not-very-popular Act by accommodating same-sex parents and advances in reproductive technologies. (Here is the new link to see the law, itself: http://www.uniformlaws.org/shared/docs/parentage/UPA2017_Final_2017sep22.pdf)
In Rule 2.7.2, the citation to the ABA, Model Business Corporation Act, was updated from 2013 to 2016 in reflection of the evolution of that Act and preference for the version offered as the endpoint of that process. For details, see https://www.americanbar.org/groups/business_law/publications/blt/2017/01/08_mbca/. (The new link: http://web.archive.org/web/20181014044640/https://www.americanbar.org/content/dam/aba/administrative/business_law/corplaws/2016_mbca.pdf).
New rule 2.8.6 offers a Wrongful Death and Survival Act. A full explanation of the need for and form of this Act will take some paragraphs. In brief, it fills a gap in the common law that risks exempting those who wrongfully kill from rendering adequate financial compensation to the estate of the deceased.