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Articles 1 - 30 of 103
Full-Text Articles in Law
Summary Of Washoe Med. Ctr. V. Dist. Ct., 122 Nev. Adv. Op. No. 110, Aubree Nielsen
Summary Of Washoe Med. Ctr. V. Dist. Ct., 122 Nev. Adv. Op. No. 110, Aubree Nielsen
Nevada Supreme Court Summaries
An appeal involving an issue of first impression – whether a plaintiff in a medical malpractice action may amend her complaint, under NRCP 15(a), to comply with NRS 41A.071, which requires that complaints for medical malpractice be accompanied by a medical expert affidavit.
Summary Of Millen V. Dist. Ct., Nev. Adv. Op. No. 105, Sherry Moore
Summary Of Millen V. Dist. Ct., Nev. Adv. Op. No. 105, Sherry Moore
Nevada Supreme Court Summaries
The district court judge disqualified petitioner’s counsel because petitioner’s counsel was on the judge’s recusal list. Petitioner filed a writ of mandamus to prevent the district court judge’s disqualification of her attorney from representing her at trial.
Summary Of Rocker V. Kpmg Llp, 122 Nev. Adv. Op. No. 101, 148 P.3d 703, Matt Lay
Summary Of Rocker V. Kpmg Llp, 122 Nev. Adv. Op. No. 101, 148 P.3d 703, Matt Lay
Nevada Supreme Court Summaries
Appeal from an order of the Eighth Judicial District Court, State of Nevada, granting motion to dismiss for lack of personal jurisdiction and failure to plead with particularity.
Constructing Class Action Reality, Debra Lyn Bassett
Constructing Class Action Reality, Debra Lyn Bassett
BYU Law Review
No abstract provided.
Summary Of Brent G. Theobald Constr. V. Richardson Constr., 122 Nev. Adv. Op. 98, Michelle L'Hommedieu
Summary Of Brent G. Theobald Constr. V. Richardson Constr., 122 Nev. Adv. Op. 98, Michelle L'Hommedieu
Nevada Supreme Court Summaries
No abstract provided.
Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews
Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews
University of Richmond Law Review
With President George W. Bush's promise to continue working toward tort reform, medical malpractice issues are once again garnering media and voter attention. This article examines recent judicial decisions and statutory amendments affecting patients and health care providers in the commonwealth in the context of medical malpractice law.
The Merger Of Common-Law And Equity Pleading In Virginia, W. Hamilton Bryson
The Merger Of Common-Law And Equity Pleading In Virginia, W. Hamilton Bryson
University of Richmond Law Review
No abstract provided.
Juror Questions During Trial: A Window Into Juror Thinking, Shari Seidman Diamond, Mary R. Rose, Beth Murphy, Sven Smith
Juror Questions During Trial: A Window Into Juror Thinking, Shari Seidman Diamond, Mary R. Rose, Beth Murphy, Sven Smith
Vanderbilt Law Review
The jury has undergone a dramatic transformation from its earliest incarnation when jurors acted as witnesses, investigators, and tribunal. In the modern American jury trial, the parties determine what jurors learn during the proceedings. Jurors of today, assigned the role of audience members until deliberations begin, typically speak in the courtroom only during jury selection and through their verdict at the end of the trial. In light of their enforced silence throughout the trial, jurors have no opportunity to clarify or check on their interpretation of the evidence and they provide few external indications about their thinking as the trial …
Reassessing Charitable Immunity In Virginia, Carl Tobias
Reassessing Charitable Immunity In Virginia, Carl Tobias
University of Richmond Law Review
No abstract provided.
Appellate Review Of Discovery Orders In Federal Court: A Suggested Approach For Handling Privilege Claims, Cassandra Burke Robertson
Appellate Review Of Discovery Orders In Federal Court: A Suggested Approach For Handling Privilege Claims, Cassandra Burke Robertson
Washington Law Review
The federal circuit courts of appeals have generally recognized that a party suffers real hardship when the district court erroneously orders it to disclose privileged information. Review of the disclosure order after final judgment is usually an insufficient remedy; once the information has been disclosed, it can never again be fully confidential. Consequently, the courts have struggled to provide a mechanism by which such orders can be immediately appealed. However, privilege orders presenting novel questions of law or issues of first impression do not clearly fit within the doctrinal requirements of the most common methods of interlocutory review. Appellate courts …
Reverse-Erie, Kevin M. Clermont
Reverse-Erie, Kevin M. Clermont
Cornell Law Faculty Publications
Traditional Erie is like a false front on a movie set, with nobody seeing the unfinished rear side. That other side depicts the extent of federal law applicable in state courts, which is determined under a doctrine called reverse-Erie. While everyone has an Erie theory and stands ready to debate it, almost no one has a theory of reverse-Erie, and no one at all has developed a clear choice-of-law methodology for it. Reverse-Erie, often misunderstood, mischaracterized, and misapplied by judges and commentators, goes strangely ignored by most scholars. And it goes ignored even though it holds a key to understanding …
Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García
Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García
Bruno L. Costantini García
Ponencia sobre la Ley Federal del Procedimiento Contencioso Administrativo, impartida por Bruno L. Costantini García.
Just Say "No Fishing": The Lure Of Metaphor, Elizabeth G. Thornburg
Just Say "No Fishing": The Lure Of Metaphor, Elizabeth G. Thornburg
University of Michigan Journal of Law Reform
The phrase "fishing expedition" is widely used in popular culture and in the law. In the legal setting, reliance on the metaphor can act as a substitute for rigorous analysis, disguising the factors that influence the result in a case. At best, it is uninformative. Worse, the fishing metaphor may itself shape the court's attitude toward the issue or claim in a lawsuit.
This Article begins by tracing the development of the "fishing expedition" metaphor in civil cases, demonstrating how its changing uses reflect and contribute to the legal controversies of each era. The policies that originally supported limited use …
Civil Due Process, Criminal Due Process, Niki Kuckes
Civil Due Process, Criminal Due Process, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Appealing Remand Orders Under The Class Action Fairness Act, David L. Horan
Appealing Remand Orders Under The Class Action Fairness Act, David L. Horan
The Journal of Appellate Practice and Process
No abstract provided.
Is There A Compelling Interest To Compel ? Examining Pre-Hearing Subpoenas Under The Federal Arbitration Act, Dean W. Sattler
Is There A Compelling Interest To Compel ? Examining Pre-Hearing Subpoenas Under The Federal Arbitration Act, Dean W. Sattler
Pace Law Review
No abstract provided.
8th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2006, Department Of Attorney General, State Of Rhode Island
8th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2006, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
No Relief: Understanding The Supreme Court's Decision In Town Of Castle Rock V. Gonzales Through The Rights/Remedies Framework, Tritia L. Yuen
No Relief: Understanding The Supreme Court's Decision In Town Of Castle Rock V. Gonzales Through The Rights/Remedies Framework, Tritia L. Yuen
American University Law Review
No abstract provided.
Only One Kick At The Cat: A Contextual Rubric For Evaluating Res Judicata And Collateral Estoppel In International Commercial Arbitration, Randy D. Gordon
Only One Kick At The Cat: A Contextual Rubric For Evaluating Res Judicata And Collateral Estoppel In International Commercial Arbitration, Randy D. Gordon
Faculty Scholarship
Arbitration is the preferred method of resolving disputes arising out of international commercial transactions. It stands outside national legal systems because contracting parties agree in advance that they want neutral arbitrators — not local judges and juries — deciding who is at fault when a commercial relationship breaks down. But arbitration nevertheless butts up against litigation from time to time, often because one party attempts to arbitrate a matter that has been litigated to conclusion or vice versa. This article examines — through a contextual approach — questions of preclusion that thereby arise and ultimately suggests that res judicata and …
Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Bruno L. Costantini García
Memorias del Primer Congreso Nacional de Organismos Públicos Autonomos
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 2005 survey period yielded several noteworthy decisions relating to federal trial practice and procedure, many of which concerned issues of first impression in the Eleventh Circuit Court of Appeals. This Article analyzes several recent developments in the Eleventh Circuit, including significant rulings in the areas of arbitration, civil procedure, statutory interpretation, personal jurisdiction, subject matter jurisdiction, and other issues of interest to the trial practitioner.
The Silent Criminal Defendant And The Presumption Of Innocence: In The Hands Of Real Jurors, Is Either Of Them Safe, Mitchell J. Frank, Dawn Broschard
The Silent Criminal Defendant And The Presumption Of Innocence: In The Hands Of Real Jurors, Is Either Of Them Safe, Mitchell J. Frank, Dawn Broschard
Faculty Scholarship
No abstract provided.
Sobre La Noción De Extensión De Nulidad En El Proceso Civil, José Balcázar Quiroz
Sobre La Noción De Extensión De Nulidad En El Proceso Civil, José Balcázar Quiroz
José Balcázar Quiroz
No abstract provided.
The Right To Appeal Of A Person Sentenced For A Criminal Offense: : The Current Egyptian Ordinary Legal System And Its Degree Of Compliance With Internationally Recognized Standards, Mohamed El Ghannam
Archived Theses and Dissertations
No abstract provided.
Summary Of Winston Products Co. V. Deboer, 122 Nev. Adv. Op. 4, Dustin Howell
Summary Of Winston Products Co. V. Deboer, 122 Nev. Adv. Op. 4, Dustin Howell
Nevada Supreme Court Summaries
This case examines “the method used to compute the time for filing motions for judgment as a matter of law and for a new trial and the tolling period to file a notice of appeal when these motions are served by mail or electronic means.”2 This case also addresses the issue of whether tolling motions also toll the time to appeal from a post-judgment order awarding attorney fees and costs.
2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird
2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird
American University Law Review
No abstract provided.
Jackson V. Birmingham Board Of Education And The Expansion Of Title Ix's Judicially Implied Private Right Of Action, Darl H. Champion Jr
Jackson V. Birmingham Board Of Education And The Expansion Of Title Ix's Judicially Implied Private Right Of Action, Darl H. Champion Jr
Mercer Law Review
In Jackson v. Birmingham Board of Education, the United States Supreme Court departed from its current trend of hostility toward implying rights of action in federal statutes. In Jackson the Court held that there is an implied private right of action for retaliation under Title IX when a whistleblower is retaliated against for complaining about sex discrimination. As a result, the Court increased the protections to employees and students of funding recipients who report instances of sex discrimination.
Sausage-Making, Pigs' Ears, And Congressional Expansion Of Federal Jurisdiction: Exxon Mobil V. Allapattah And Its Lessons For The Class Action Fairness Act, Adam N. Steinman
Sausage-Making, Pigs' Ears, And Congressional Expansion Of Federal Jurisdiction: Exxon Mobil V. Allapattah And Its Lessons For The Class Action Fairness Act, Adam N. Steinman
Washington Law Review
The year 2005 witnessed two watershed developments in federal jurisdiction: the U.S. Supreme Court's decision in Exxon Mobil Corp. v. Allapattah Services, Inc. and the enactment of the Class Action Fairness Act (CAFA). Allapantah and CAFA raise the same fundamental question: how should courts interpret a statute whose text would expand federal jurisdiction far beyond what Congress apparently intended? In Allapattah, the Court confronted this question in resolving an aspect of the supplemental jurisdiction statute that had deeply divided both the judiciary and academia. CAFA's expansion of federal jurisdiction over class actions will require courts to struggle with this …
Foreward: Of Offers Not (Frequently) Made And (Rarely) Accepted: The Mystery Of Federal Rule 68, Harold S. Lewis Jr., Thomas A. Eaton
Foreward: Of Offers Not (Frequently) Made And (Rarely) Accepted: The Mystery Of Federal Rule 68, Harold S. Lewis Jr., Thomas A. Eaton
Mercer Law Review
This Symposium brings together, from around the nation, eight civil rights and employment discrimination lawyers, four legal academics, and an eminent federal judge, all with deep experience and interest in the promise and pitfalls of Federal Rule of Civil Procedure 68. We gather to unravel a mystery. In an oversimplified nutshell, Rule 68, as construed, enables the defendants to say to the plaintiffs in employment discrimination and civil rights cases: "If you don't beat my offer at trial, you forfeit your right to any future statutory attorney fees." Rule 68 would, therefore, appear to give the defendants a significant incentive …
Symposium On Frcp 68: Lessons From New Jersey, Albert Yoon
Symposium On Frcp 68: Lessons From New Jersey, Albert Yoon
Mercer Law Review
I would like to begin by thanking the Mercer Law Review for the opportunity to participate in its Federal Rules of Civil Procedure 68 Symposium. Federal Rule of Civil Procedure 681 ("Rule 68") is an important topic, and it is an honor to discuss the rule with such distinguished attorneys, jurists, and fellow academics. The reach of Rule 68 is certainly wide, applying to all federal civil litigation. The effect of Rule 68, however, is small: most scholars and practitioners agree it has little bearing on how cases are litigated. If Rule 68, and offer-ofjudgment rules generally, are to have …