Law Commons^™

A Company’S Voluntary Refund Program For Consumers Can Be A Fair And Efficient Alternative To A Class Action, Eric P. Voigt

Eric P. Voigt

Consumer product companies are establishing internal programs where they are voluntarily compensating consumers for damages caused by their products. When a company implements a refund program in response to a threatened or pending class action, may federal courts rely solely on the voluntary refunds in denying class certification? The short answer is yes.

This Article analyzes Rule 23(b)(3) of the Federal Rules of Civil Procedure and the requirement that a class action be "superior to other available methods for fairly and efficiently adjudicating the controversy." The Article argues that courts must compare the superiority of a class action not only …

'El Derecho A La Intimidad': Inferencias Normativas Sobre Un Clásico, Carlos Alberto Flores Hernández

Carlos Alberto Flores Hernández

En el presente ensayo, describo las partes medulares del texto 'The right to privacy [the implicit made explicit]'; lo anterior, como sustento de una proyección de los postulados de Warren y Brandeis desarrollados por ejecutorias y tesis aisladas de la SCJN así como de criterios generales del IFAI.

The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola

Abdullahi Saliu Ishola

This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or …

Legal Process And The Past Of Antitrust, William L. Reynolds, Spencer Weber Waller

Spencer Weber Waller

No abstract provided.

Ashcroft V. Iqbal: Contempt For Rules, Statutes, The Constitution, And Elemental Fairness, Stephen Subrin

Stephen N. Subrin

We were asked to write about one of the worst United States Supreme Court opinions we had read. My article is about Ashcroft v. Iqbal because it is such an important decision in the field of federal civil litigation and the majority opinion is unsupportable in so many different ways. I explain how that opinion changes the substantive law of supervisory liability for government officials without providing the parties notice that the issue would be considered by the Court. The majority then enshrines fact pleading requirements in federal court for all cases (although denying they have done so), without following …

Opinion Analysis: Deferring To (Even More) Limited Relief From Removal, Jill Family

Jill E. Family

Guide To Incorporation Of Not For Profit Organisations In Nigeria, Taiwo Adebola Odumosu Mr.

Taiwo Adebola Odumosu Mr.

The incorporation of non-profit bodies in Nigeria is governed by the Companies and Allied Matters Act, 2004 (‘the Act’). The Corporate Affairs Commission (CAC) is vested with responsibility for non-profit organisations. The CAC has branches in most State capitals of the Federation and its headquarters is based in Abuja, the Federal Capital Territory. Before applying to the CAC for incorporation of a non-profit body, one must check that the name of the new entity is not already in use. This can be done by purchasing an Availability Form, which costs very little. In Nigeria only legal practitioners, and to some …

La Transparencia En La Protección De Datos Personales, Bruno L. Costantini García

Bruno L. Costantini García

La Transparencia en la Protección de Datos Personales, ponencia elaborada dentro de los trabajos del VII Congreso Nacional de Organismos Públicos Autónomos (OPAM)

Il Termine Per Il Reclamo Ex Art. 183 L. Fall. Avverso Il Decreto Di Omologazione, Giuseppe Caristena

Giuseppe Caristena

No abstract provided.

The Uniform Provisions Of Evidence: A Major Reform That Maintains China’S Judicial Traditions, John Capowski

John J. Capowski

No abstract provided.

Redefining Summary Judgment By Statute: Has The General Assembly Overruled The Tennessee Supreme Court’S Decision In Hannan?, Matthew Lyon, Judy M. Cornett

Matthew Lyon

No abstract provided.

La Natura Della Responsabilità Da Abuso Di Dipendenza Economica Tra Contratto, Illecito Aquiliano E Culpa In Contrahendo, Valerio Cosimo Romano

Valerio Cosimo Romano

No abstract provided.

Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.

The Verdict On Juries, Valerie P. Hans, Neil Vidmar

Valerie P. Hans

In reviewing debates and research evidence about jury trials for our book, American Juries: The Verdict (Prometheus Books, 2007), we have had the chance to reflect on the status of the jury system in the United States. High profile jury trials put the spotlight on the American practice of using its citizens as decision makers. When jury verdicts are at odds with public opinion, criticisms of the institution are common. The civil jury has been a lightning rod for those who want tort reform. This article draws together some of our reflections about the health of the jury system and …

Non-Retained Experts: Adding Credibility To Your Case, Tammy B. Georgelas, John S. Treu, Melinda K. Bowen

John S. Treu

Non-retained experts are valuable weapons for defending cases. Similar to retained experts, they can educate on scientific or other principles providing fact finders with the building blocks to draw inferences and conclusions.

Aspectos Generales Dela Publicidad En México. "La Publicidad De Productos, Servicios, Y Actividades Reguladas Por La Ley General De Salud", Bruno L. Costantini García

Bruno L. Costantini García

Introducción a las generalidades de la regulación en materia de publicidad de insumos para el consumo humano (salud) en México.

- La Sentencia Arbitraria Por Falta De Motivación En Los Hechos Y El Derecho, Beatriz A. Franciskovic Ingunza, Carlos Torres Angulo

Beatriz A. Franciskovic Ingunza

No abstract provided.

Why Is The Highway Closed? The Unreasonable Restriction Imposed On The Legal Services Corporation Regarding Class Action Suits, Francisco Verbic

Francisco Verbic

In this paper I discuss the prohibition imposed by the US Congress on the Legal Services Corporation regarding the use of class action suits to provide free legal assistance to the poor. I deal with the creation of the Legal Services Corporation in the US, the scope and advantages of class actionssuits (particularly in terms of access to justice), and the role this kind of procedure can play in a context of a deep economic crisis that have deepened the gap in access to the civil justice system. I argue that the aforementioned prohibition to use class actions is unreasonable …

University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal

Zena Denise Crenshaw-Logal

On the first of each two day symposium of the Fogg symposia, lawyers representing NGOs in the civil rights, judicial reform, and whistleblower advocacy fields are to share relevant work of featured legal scholars in lay terms; relate the underlying principles to real life cases; and propose appropriate reform efforts. Four (4) of the scholars spend the next day relating their featured articles to views on the vitality of stare decisis. Specifically, the combined panels of public interest attorneys and law professors consider whether compliance with the doctrine is reasonably assured in America given the: 1. considerable discretion vested in …

Argument Recap: Imputing Eligibility For Relief From Removal, Jill Family

Jill E. Family

Argument Preview: Calculating Relief From Removal, Jill Family

Jill E. Family

Give It To Me Uniformly: West Virginia Wants Initial Disclosure, Evan Olds

Evan Olds

No abstract provided.

Changes In The European Union's Regime Of Recognizing And Enforcing Judgments And Transnational Litigation In The United States, Samuel P. Baumgartner

Samuel P. Baumgartner

The European Commission has proposed to amend (recast) the Brussels I Regulation, which governs jurisdiction to adjudicate, parallel proceedings, and judgments recognition within the European Union. Although much of the Brussels I Regulation is simply the 1968 Brussels Convention cast into European Union legislation, the proposed amendments are part of a deeper set of structural and conceptual changes in the law of transnational litigation within the Union over the past couple of decades. Understanding these changes is essential to understanding what drives the proposed amendments and what is likely to follow.

In this paper – presented at the symposium Our …

What's Your Weirdest Case? Judges Answer Questions On The Courts

Curtis E.A. Karnow

Section 1 answers scores of questions posed to the judges of the Superior Court by visiting school children. The questions concern how civil and criminal courts work, treatment of prisoners, what judges and lawyers do, and how one becomes a judge, among other topics. Section 2 collects a series of short essays on related subjects, as well as outlining the jury system, alternative dispute resolution, appeals, among other subjects, all in a format more suited to upper grade levels and adults. The paperback is availible through Amazon

Navigating The Uncharted Waters Of Teaching Law With Online Simulations, Ira Steven Nathenson

Ira Steven Nathenson

The Internet is more than a place where the Millennial Generation communicates, plays, and shops. It is also a medium that raises issues central to nearly every existing field of legal doctrine, whether basic (such as Torts, Property, or Contracts) or advanced (such as Intellectual Property, Criminal Procedure, or Securities Regulation). This creates tremendous opportunities for legal educators interested in using the live Internet for experiential education. This Article examines how live websites can be used to create engaging and holistic simulations that tie together doctrine, theory, skills, and values in ways impossible to achieve with the case method. In …

Implicit Bias In Employment Litigation, Melissa R. Hart

Melissa R Hart

Judges exercise enormous discretion in civil litigation, and nowhere more than in employment discrimination litigation, where the trial court’s “common sense” view of what is or is not “plausible” has significant impact on the likelihood that a case will survive summary judgment. As a general matter, doctrinal developments in the past two decades have quite consistently made it more difficult for plaintiffs to assert their claims of discrimination. In addition, many of these doctrines have increased the role of judicial judgment – and the possibility of the court’s implicit bias – in the life cycle of an employment discrimination case. …

Class Actions, Heightened Commonality, And Declining Access To Justice, A. Benjamin Spencer

A. Benjamin Spencer

A prerequisite to being certified as a class under Rule 23 of the Federal Rules of Civil Procedure is that there are “questions of law or fact common to the class.” Although this “commonality” requirement had heretofore been regarded as something that was easily satisfied, in Wal-Mart Stores, Inc. v. Dukes the Supreme Court gave it new vitality by reading into it an obligation to identify among the class a common injury and common questions that are “central” to the dispute. Not only is such a reading of Rule 23’s commonality requirement unsupported by the text of the rule, but …

Case Note On Supreme Court Of Cyprus (2008), Beogradska Banka D.D. V. Westacre Investments Inc. (2008) 1 Α.Α.Δ. 1217 [In Greek] Λυσίας (Lysias) 3 (2010): 106-1110, Nikitas E. Hatzimihail

Nikitas E Hatzimihail

This case note discusses a leading Cypriot appellate ruling on international commercial arbitration: notably, ordre public (public policy) as a possible ground of exception to the recognition/enforcement of a foreign arbitral award, and the possibility of invoking corruption in the underlying transaction between the parties.The case is also one of the last episodes of the Westacre arbitration saga.

Iqbal & Twobly: Will Plausibility Requirments Influence The Supreme Court's Analysis Of Affirmative Action?, Colin W. Maguire

Colin W. Maguire

The U.S. Supreme Court seems intent on taking another look at affirmative action in higher education. What could this mean for colleges and universities? This blawg post offers no definitive answers, but points out that arguments exists for both sides of the issue through a recent legal development: Iqbal & Twobly's Plausibility Doctrine. If the Doctrine forces a transative duty on case law, then affirmative action programs' legal rationale - long decried for not making logical sense - could suffer. Conversely, the Court appears to have already used plausibility as a factor in promoting a different type of affirmative action …

The Price Of Private Enforcement Under The False Claims Act, David Y. Kwok

David Y Kwok

Private plaintiffs and their attorneys are motivated at least in part by monetary awards, but what is the appropriate award for litigation? I consider the case of the False Claims Act, through which the U.S. government recovers losses due to fraud by paying a bounty to whistleblowers. These whistleblowers and their attorneys generally receive a minimum 15% bounty in successful cases. Utilizing a data set of over 3000 fraud cases, I present observational evidence that whistleblowers are reluctant to bring cases valued under $440,000 and that they would be more likely to do so given a higher bounty percentage. This …