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Articles 1 - 17 of 17
Full-Text Articles in Law
Law School News: A Courtroom Drama Worth Watching 10-22-2023, Suzi Morales
Law School News: A Courtroom Drama Worth Watching 10-22-2023, Suzi Morales
Life of the Law School (1993- )
No abstract provided.
Law School News The First Circuit At Rwu Law 10/03/2018, Michael M. Bowden, Julia Rubin
Law School News The First Circuit At Rwu Law 10/03/2018, Michael M. Bowden, Julia Rubin
Life of the Law School (1993- )
No abstract provided.
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Thomas W. Mitchell
Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …
The Pro Bono Collaborative Project Spotlight: Pro Bono Collaborative Aci Civil Legal Clinics Project Expands To Women's Facility (05-03-2018), Roger Williams University School Of Law
The Pro Bono Collaborative Project Spotlight: Pro Bono Collaborative Aci Civil Legal Clinics Project Expands To Women's Facility (05-03-2018), Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
The Class Action As Trust, Sergio J. Campos
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Faculty Scholarship
Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …
Class Actions And Justiciability, Sergio J. Campos
Class Actions And Justiciability, Sergio J. Campos
Articles
A lingering issue in class action law concerns the case or controversy requirement of Article III, otherwise known as the requirement of justiciability. For purposes of justiciability doctrines such as standing, mootness, and ripeness, is the class action brought by all class members, some class members, or just the class representative?
This Article argues that the answer should be none of the above-it should be the class attorney. This Article first shows that the function of the class action is to assign dispositive control of, and a partial beneficial interest in, the class members' claims to the class attorney. Put …
Gibson, Dunn & Crutcher V. Superior Court: The Attorney's Right To Cross-Complain For Equitable Indemnification From An Opposing Attorney, Joseph E. Thomas
Gibson, Dunn & Crutcher V. Superior Court: The Attorney's Right To Cross-Complain For Equitable Indemnification From An Opposing Attorney, Joseph E. Thomas
Pepperdine Law Review
No abstract provided.
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown
Scholarly Works
It is a well-settled and often-recited fact that lawyers are “officers of the court.” That title, however, is notoriously hortatory and devoid of meaning. Nevertheless, the Eleventh Circuit recently took the somewhat unprecedented step of utilizing the officer-of-the-court label to, in effect, sanction an attorney for the purportedly uncivil act of failing to provide defendant attorneys with pre-suit notice. While the author applauds the court’s desire to place greater emphasis on lawyer-to-lawyer collegiality as a component of officer-of-the-court status, the uncertainty the decision creates in terms of a lawyer’s role will potentially force litigators to compromise important client-centered duties. This …
Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton
Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton
Pepperdine Law Review
No abstract provided.
Imagining Judges That Apply Law: How They Might Do It, James Maxeiner
Imagining Judges That Apply Law: How They Might Do It, James Maxeiner
All Faculty Scholarship
"Judges should apply the law, not make it." That plea appears perennially in American politics. American legal scholars belittle it as a simple-minded demand that is silly and misleading. A glance beyond our shores dispels the notion that the American public is naive to expect judges to apply rather than to make law.
American obsession with judicial lawmaking has its price: indifference to judicial law applying. If truth be told, practically we have no method for judges, as a matter of routine, to apply law to facts. Our failure leads American legal scholars to question whether applying law to facts …
6th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2004, Department Of Attorney General, State Of Rhode Island
6th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2004, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Law Faculty Scholarly Articles
Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …
Is Justice Delayed? A Report From The Court Administrator, C. R. Huie, G. Lawrence Jegley
Is Justice Delayed? A Report From The Court Administrator, C. R. Huie, G. Lawrence Jegley
University of Arkansas at Little Rock Law Review
No abstract provided.
An Idigent's Right To An In Forma Pauperis Proceeding In Pennsylvania Divorce Litigation - Analysis And A Proposal, Richard W. Hoolstein, Michael R. Stiles
An Idigent's Right To An In Forma Pauperis Proceeding In Pennsylvania Divorce Litigation - Analysis And A Proposal, Richard W. Hoolstein, Michael R. Stiles
Villanova Law Review
No abstract provided.
Attorney And Client--Effective Representation--Federal Procedure, G. T. L.
Attorney And Client--Effective Representation--Federal Procedure, G. T. L.
West Virginia Law Review
No abstract provided.