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Articles 1 - 30 of 60
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Appellate Practice And Procedure, Roland F.L. Hall
Appellate Practice And Procedure, Roland F.L. Hall
Mercer Law Review
This Article surveys decisions addressing appellate law and procedure handed down by the Georgia Court of Appeals between June 1, 2009 and May 31, 2010. The cases discussed fall into the following categories: (1) appellate jurisdiction; (2) preserving the record; and (3) miscellaneous cases of interest.
Trial Practice And Procedure, Kate S. Cook, Alan J. Hamilton, Brandon L. Peak, John C. Morrison Iii, Mary K. Weeks
Trial Practice And Procedure, Kate S. Cook, Alan J. Hamilton, Brandon L. Peak, John C. Morrison Iii, Mary K. Weeks
Mercer Law Review
This Article addresses significant judicial and legislative developments of interest to the Georgia trial practitioner occurring during the survey period of this publication.
From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas
From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas
Federal Communications Law Journal
After the broadcast of the 2003 Golden Globe Awards, during which the lead singer from U2 uttered an expletive on national television, the FCC revisited its prior policy on the use of expletives on the airwaves and declared, for the first time, that "fleeting expletives" are offensive according to community standards and are therefore finable. In a lawsuit filed in the Second Circuit Court of Appeals, Fox Television Stations, Inc. along with a number of other broadcasters argued that the FCC's new policy was arbitrary and capricious under the Administrative Procedure Act and unconstitutional under the First Amendment. The Second …
Examining The Fcc's Indecency Regulations In Light Of Today's Technology, Elizabeth H. Steele
Examining The Fcc's Indecency Regulations In Light Of Today's Technology, Elizabeth H. Steele
Federal Communications Law Journal
Indecency regulations promulgated by the FCC used to be effective, but today's technological advances call those regulations into question. With the prevalence of digital video recorders and the availability of television shows on the Internet, children have unprecedented access to material broadcast at all times of day. As a result, the "safe harbor" rationale restricting the broadcast of indecent material no longer makes sense. A move toward deregulation is the most logical step to take, as it would prevent any First Amendment violations and would allow the networks freedom to broadcast material that the public may be interested in without …
Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith
Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith
Federal Communications Law Journal
The advent of new technologies such as social media websites like MySpace and Facebook have increased the methods through which bullying takes form and causes harm to children and teenagers. As the public has become more aware of the dangers of this new form of bullying, cyberbullying, legislators have responded by proposing legislation to criminalize this type of behavior with varying degrees of success. This Note explains the problem of cyberbullying and evaluates state and federal legislative efforts to combat the issue through criminalization, then argues that prevention through education will be the most effective solution. Unlike criminalization, educational initiatives …
The Unjustified Judicial Creation Of Class Certification Merits Trials In Securities, Michael J. Kaufman, John M. Wunderlich
The Unjustified Judicial Creation Of Class Certification Merits Trials In Securities, Michael J. Kaufman, John M. Wunderlich
University of Michigan Journal of Law Reform
The class action device is vital to deterring securities fraud and remedying its victims, who almost never suffer losses sufficient to justify an individual suit. Nonetheless, the federal courts have begun to convert the class certification process into a premature trial on the merits, thereby precluding victims of securities fraud from pursuing otherwise valid claims of financial wrongdoing. In particular, in a series of important decisions, the federal courts have required plaintiffs to prove the essential elements of their securities fraud claims at the preliminary class certification stage.
This Article demonstrates why this trend should end. The judicial creation of …
The Right Issue, The Wrong Branch: Arguments Against Adjudicating Climate Change Nuisance Claims, Matthew Edwin Miller
The Right Issue, The Wrong Branch: Arguments Against Adjudicating Climate Change Nuisance Claims, Matthew Edwin Miller
Michigan Law Review
Climate change is probably today's greatest global environmental threat, posing dire ecological, economic, and humanitarian consequences. In the absence of a comprehensive regulatory scheme to address the problem, some aggrieved Americans have sought relief from climate-related injuries by suing significant emitters of greenhouse gases under a public nuisance theory. Federal district courts have dismissed four such claims, with each court relying at least in part on the political question doctrine of nonjusticiability. However, one circuit court of appeals has reversed to date, finding that the common law cognizes such claims and that the judiciary is competent and compelled to adjudicate …
Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock
Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock
Buffalo Environmental Law Journal
No abstract provided.
Rape Victims As Mockingbirds: A Law And Linguistics Analysis Of Cross-Examination Of Rape Complainants, Sara D. Schotland
Rape Victims As Mockingbirds: A Law And Linguistics Analysis Of Cross-Examination Of Rape Complainants, Sara D. Schotland
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
The French Huissier As A Model For U.S. Civil Procedure Reform, Robert W. Emerson
The French Huissier As A Model For U.S. Civil Procedure Reform, Robert W. Emerson
University of Michigan Journal of Law Reform
Huissiers de justice serve multiple roles in the French legal system. One is that of a court officer who compiles dossiers (reports). In that role, the huissier is d'audiencier (literally translated as "hearing" or "assisting") and works directly for the court system itself.
The huissier's report remains alien to the American lawyer, who is steeped in notions of procedure and "testimonialism" and in principles of fairness which appear ancient, but are rather modern dissimulations of law and equity's rich history in the American tradition. An important aspect of most legal processes, the collection of data in preparation for litigation is …
Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent
Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent
Mercer Law Review
The 2009 survey period yielded several noteworthy decisions relating to federal trial practice and procedure in the United States Court of Appeals for the Eleventh Circuit, several of which involved issues of first impression. This Article analyzes several recent developments in the Eleventh Circuit, including significant rulings in the areas of civil procedure, subject matter jurisdiction, arbitration, and statutory interpretation.
Appellate Practice And Procedure, Robert G. Boliek Jr.
Appellate Practice And Procedure, Robert G. Boliek Jr.
Mercer Law Review
The United States Court of Appeals for the Eleventh Circuit addressed a wide array of significant issues in the area of appellate practice and procedure in 2009. However, the most significant decision for the Eleventh Circuit in the area of appellate procedure came from the United States Supreme Court. In Mohawk Industries, Inc. v. Carpenter, the Supreme Court affirmed a 2008 Eleventh Circuit decision in which the court held that the collateral order doctrine does not allow for an immediate appeal of an order requiring the disclosure of evidence purportedly protected by the attorney-client privilege. Accordingly, this Article will …
Class Actions, Thomas M. Byrne, Stacey A. Mcgavin
Class Actions, Thomas M. Byrne, Stacey A. Mcgavin
Mercer Law Review
In its noteworthy 2004 decision in Klay v. Humana, Inc., the United States Court of Appeals for the Eleventh Circuit appeared to veer from its own precedents in affirming certification of a nationwide class asserting a claim under the federal Racketeer Influenced and Corrupt Organizations Act (RICO). During 2009 the court returned to RICO class actions in Williams v. Mohawk Industries, Inc. , and this time the Eleventh Circuit vacated a district court's refusal to certify a RICO class. The proposed class consisted of Mohawk Industries employees who complained that Mohawk engaged in racketeering activity violating the federal …
Evidence, Marc T. Treadwell
Evidence, Marc T. Treadwell
Mercer Law Review
I. INTRODUCTION
During the survey year from January 1, 2009 to December 31, 2009, the United States Court of Appeals for the Eleventh Circuit continued its recent trend of limiting the number of its published opinions, a trend discussed in more detail in a previous survey. This Survey will address several unpublished-yet noteworthy-decisions. However, readers should bear in mind Eleventh Circuit Rule 36-2, which provides that "[u~npublished opinions are not considered binding precedent, but they may be cited as persuasive authority." Also note that the court's internal operating procedures suggest an even more limited role for unpublished opinions:
The court …
Fcc V. Fox Television Stations And The Fcc's New Fleeting Expletive Policy, Jerome A. Barron
Fcc V. Fox Television Stations And The Fcc's New Fleeting Expletive Policy, Jerome A. Barron
Federal Communications Law Journal
This Article focuses on the Supreme Court's decision in FCC v. Fox Television Stations, Inc., 129 S. Ct. 1800 (2009). In that case, the Supreme Court upheld an important change in the FCC indecency regulation. In the past, the FCC's policy had been that the broadcast of a single expletive did not violate FCC indecency policy. In order for such fleeting expletives to be actionable, the FCC required that they had to be repetitive and gratuitous. But in 2004, in response to the use of some expletives by entertainers during the Golden Globe Awards, the FCC changed its policy and …
Thwack!! Take That, User-Generated Content!: Marvel Enterprises V. Ncsoft, Carl Michael Szabo
Thwack!! Take That, User-Generated Content!: Marvel Enterprises V. Ncsoft, Carl Michael Szabo
Federal Communications Law Journal
Comic-book heroes show us how to be valiant, how to fight for those less fortunate, and, in some circumstances, how to combat those who break the law. Such is the situation in the case of Marvel Enterprises, Inc. v. NCSofl Corp., a battle between user-generated content and the copyright violations that resulted.
While the issue of copyright liability has been seen in hundreds of comments and notes from courts and attorneys alike, the issue of copyright liability on the internet remains an open question that if not addressed, could endanger the protection afforded to authors. Federal and state suits have …
Derailed By The D.C. Circuit: Getting Network Management Regulation Back On Track, Edward B. Mulligan V
Derailed By The D.C. Circuit: Getting Network Management Regulation Back On Track, Edward B. Mulligan V
Federal Communications Law Journal
As the Internet continues to play a more central role in the daily lives of Americans, concerns about how Internet service providers manage their networks have arisen. Responding to these concerns and recognizing the importance of maintaining the open and competitive nature of the Internet, the FCC has taken incremental steps to regulate network management practices. Perhaps the most significant of these steps was its August 2008 Memorandum Decision and Order in which the FCC condemned Comcast Corporation's network management practices as "discriminatory and arbitrary." In that Order, the FCC required that Comcast (1) adopt new practices that complied with …
Taking Great Cases: Lessons From The "Rosenberg" Case, Brad Snyder
Taking Great Cases: Lessons From The "Rosenberg" Case, Brad Snyder
Vanderbilt Law Review
The most watched case of the 1952 Supreme Court Term was not Brown v. Board of Education, but the case of convicted atomic spies Julius and Ethel Rosenberg. Sentenced to death in April 1951 for passing atomic secrets to the Soviets, the Rosenbergs dominated the news and divided the country. Their case came at the height of Cold War America's obsession with Communism. Senator Joe McCarthy and the House Un-American Activities Committee were exposing alleged Communists in the federal government and Hollywood, and the U.S. military was fighting the Korean War to try to stop the spread of Communism abroad. …
The Managerial Judge Goes To Trial, Elizabeth G. Thornbug
The Managerial Judge Goes To Trial, Elizabeth G. Thornbug
University of Richmond Law Review
No abstract provided.
Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland
Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland
The Journal of Appellate Practice and Process
No abstract provided.
The Role Of The Exhaustion And Ripeness Doctrines In Reasonable Accomodation Denial Suits Under The Fair Housing Amendments Act, Matt Hall
Brigham Young University Journal of Public Law
No abstract provided.
Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson
Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson
BYU Law Review
No abstract provided.
Failure To Yield: How Wecht Might Ruin The Right To A Fair Trial , Landon Wade Magnusson
Failure To Yield: How Wecht Might Ruin The Right To A Fair Trial , Landon Wade Magnusson
BYU Law Review
No abstract provided.
Zoya's Standing Problem, Or, When Should The Constitution Follow The Flag?, Jeffrey Kahn
Zoya's Standing Problem, Or, When Should The Constitution Follow The Flag?, Jeffrey Kahn
Michigan Law Review
Some federal courts have devised a new test of prudential standing that they use to dismiss suits filed by foreign plaintiffs alleging unlawful conduct by American officials abroad, even when these cases involve matters that may have nothing to do with foreign affairs, national security, or terrorism. Rather than decide the case on its merits or dismiss it on any number of legitimate grounds, the complaint is dismissed because the plaintiff lacks a "prior substantial connection" to the United States. I identify and critique this strange but proliferating test of standing. First, it is inconsistent with any theoretical view of …
The Importance Of Being Ambiguous: Substantive Canons, Stare Decisis, And The Central Role Of Ambiguity Determinations In The Administrative State, Brian G. Slocum
The Importance Of Being Ambiguous: Substantive Canons, Stare Decisis, And The Central Role Of Ambiguity Determinations In The Administrative State, Brian G. Slocum
Maryland Law Review
No abstract provided.
The Supreme Court's Increased Attention To The Law Of Lawyering: Mere Coincidence Or Something More? , Renee Newman Knake
The Supreme Court's Increased Attention To The Law Of Lawyering: Mere Coincidence Or Something More? , Renee Newman Knake
American University Law Review
The United States Supreme Court considered seventeen cases raising issues related to the role of attorneys and the practice of law during the 2009 Term. This body of cases represents a substantial departure from dockets in recent history, where typically the Court took up less than a handful of cases involving regulation of the legal profession. While some might consider the increased number of cases addressing the law of lawyering a mere coincidence, this article contends that something more is occurring. The Court’s decision to devote so much of its limited time to these matters is noteworthy not only for …
Six Decrees Of Separation: Settlement Agreements And Consent Orders In Federal Civil Litigation, Anthony Disarro
Six Decrees Of Separation: Settlement Agreements And Consent Orders In Federal Civil Litigation, Anthony Disarro
American University Law Review
No abstract provided.
Administrative Law And Procedure - Student Loan Discharges Under Chapter 13 Bankruptcy And Ripeness For Adjudication - Educational Credit Management Corporation V. Coleman (In Re Coleman), 560 F.3d 1000 (9th Cir. 2009), Carolyn J. Wilson
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Thoughts On Preemption In The Wake Of The Levine Decision, Erika Fisher Lietzan, Sarah E. Pitlyk
Thoughts On Preemption In The Wake Of The Levine Decision, Erika Fisher Lietzan, Sarah E. Pitlyk
Journal of Health Care Law and Policy
No abstract provided.
Masthead, Jtaa Editors
Masthead, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.