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Articles 1 - 30 of 38
Full-Text Articles in Law
Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni
Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni
Nevada Supreme Court Summaries
Motion to support a stay pending an appeal by security other than a supersedeas bond.
A Formstone Of Our Federalism: The Erie/Hanna Doctrine & Casebook Law Reform, Robert J. Condlin
A Formstone Of Our Federalism: The Erie/Hanna Doctrine & Casebook Law Reform, Robert J. Condlin
Faculty Scholarship
The one I feel sorry for is John Ely. More than thirty years ago, in his classic article The Irrepressible Myth of Erie, he explained painstakingly, if not clearly, how thinking of the Erie/Hanna doctrine as a constitutional cornerstone of our federalism was just a mistake. Such a view, he pointed out, makes a major mystery out of what are really three distinct and rather ordinary problems of statutory and constitutional interpretation. He described the analytical and practical costs of the mistake, showed how the analysis ought to go, explained why academics and judges had failed to get it …
Overlooked In The Tort Reform Debate: The Growth Of Erroneous Removal, Theodore Eisenberg, Trevor W. Morrison
Overlooked In The Tort Reform Debate: The Growth Of Erroneous Removal, Theodore Eisenberg, Trevor W. Morrison
Cornell Law Faculty Publications
Disputes over forum often center on whether a case should proceed in state or federal court. Removal to federal court can trigger a costly forum struggle. When a state case is removed to federal court only to be sent back to state court, the time and resources incurred in the detour are a toll on the judicial system and waste parties’ resources. We find erroneous removal to be an increasing problem. From 1993 to 2002, a period when state tort filings noticeably decreased, the number of removed diversity tort cases increased by about 10 percent to about 8,900 per year. …
Summary Of Wood V. Safeway, Inc., 121 Nev. Adv. Op. 73, Michael Shalmy
Summary Of Wood V. Safeway, Inc., 121 Nev. Adv. Op. 73, Michael Shalmy
Nevada Supreme Court Summaries
A mentally handicapped female working for Safeway Stores, Inc. was sexually assaulted at work by an employee of a company that provided janitorial services for Safeway. The assaults occurred in a storage room and in the parking lot while she was gathering shopping carts. She filed a complaint against Safeway and the janitorial company, Action Cleaning, alleging five causes of action as a result of the sexual assault. The district court granted summary judgment in favor of Safeway, determining that Safeway was immune from suit because of coverage provided by the Nevada Industrial Insurance Act (the “NIIA”). The district court …
Reforming The Federal Sentencing Guidelines Misguided Approach To Real-Offense Sentencing, David Yellen
Reforming The Federal Sentencing Guidelines Misguided Approach To Real-Offense Sentencing, David Yellen
Articles
No abstract provided.
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Summary Of Whealon V. Sterling, 121 Nev. Adv. Op. 66, Jarrod Rickard
Summary Of Whealon V. Sterling, 121 Nev. Adv. Op. 66, Jarrod Rickard
Nevada Supreme Court Summaries
Appellant agent sought review of a summary judgment from the Eighth Judicial District Court, which ruled in favor of respondent entertainer in a contract dispute.
Petition For A Writ Of Certiorari, Scott V. Johanns, No. 05-356 (U.S. Sept. 15, 2005), Scott L. Nelson, David C. Vladeck
Petition For A Writ Of Certiorari, Scott V. Johanns, No. 05-356 (U.S. Sept. 15, 2005), Scott L. Nelson, David C. Vladeck
U.S. Supreme Court Briefs
No abstract provided.
Summary Of Szydel V. Markman, 121 Nev. Adv. Op. 47, Hagar Labouz
Summary Of Szydel V. Markman, 121 Nev. Adv. Op. 47, Hagar Labouz
Nevada Supreme Court Summaries
Appellant Szydel brought a medical malpractice claim against Dr. Markman after he left a surgical needle inside her breast following a surgical procedure. Szydel and her husband filed a malpractice claim in district court and Dr. Markman moved to dismiss because the complaint was not accompanied by a medical expert’s affidavit, as required by statute. Szydel claimed that her action was filed under Nevada’s res ipsa loquitur statute and thus did not require a medical expert’s affidavit.
Summary Of Kahn V. Morse & Mowbray, 121 Nev. Adv. Op. 48, Hagar Labouz
Summary Of Kahn V. Morse & Mowbray, 121 Nev. Adv. Op. 48, Hagar Labouz
Nevada Supreme Court Summaries
This action arises out of a business agreement between the Kahns and their son, Eric. The Kahns violated the agreement with Eric by selling their business to their other son, Frank. The Kahns hired Byrd and his firm, Morse & Mowbray, to represent them. Shortly thereafter the parties reached a settlement, and the Kahns reneged on the settlement. Eric filed an action against the Kahns for specific enforcement of the settlement and Byrd and his firm declined to contest Eric’s contentions regarding the settlement. The district court held a hearing for specific enforcement of the settlement and found that all …
7th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2005, Department Of Attorney General, State Of Rhode Island
7th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2005, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Summary Of Lee V. Ball, 121 Nev. Adv. Op. 38, Jared R. Gibb
Summary Of Lee V. Ball, 121 Nev. Adv. Op. 38, Jared R. Gibb
Nevada Supreme Court Summaries
This case involved an appeal from a district court judgment in a personal injury case, entered pursuant to a jury verdict which initially awarded the plaintiff $1,300 in damages. The plaintiff subsequently requested a new trial or, in the alternative, additur. The district court awarded the plaintiff an additur of $8,200 and prejudgment interest, without offering the defendant a new trial on damages.
Summary Of Matter Of Harrison Living Trust, 121 Nev. Adv. Op. 26, Jarrod Rickard
Summary Of Matter Of Harrison Living Trust, 121 Nev. Adv. Op. 26, Jarrod Rickard
Nevada Supreme Court Summaries
An appeal challenging a district court decision denying the petition of a trust beneficiary asking for an order surcharging the trustee for breach of fiduciary duty in distributing assets according to court order that the trustee knew was void.
Summary Of Aviation Ventures, Inc. V. Joan Morris, Inc., 121 Nev. Adv. Op. 13, 110 P.3d 59, Bryce Loveland
Summary Of Aviation Ventures, Inc. V. Joan Morris, Inc., 121 Nev. Adv. Op. 13, 110 P.3d 59, Bryce Loveland
Nevada Supreme Court Summaries
No abstract provided.
Florida's Request For Admission Rule: 150 Years On The Road To Inconsistency, Ineffectiveness And Appellate Nullification, Mitchell J. Frank
Florida's Request For Admission Rule: 150 Years On The Road To Inconsistency, Ineffectiveness And Appellate Nullification, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Archibald Cox And The Genius Of Our Institutions In Memoriam - Celebration Of The Life Of Archibald, Larry Yackle
Archibald Cox And The Genius Of Our Institutions In Memoriam - Celebration Of The Life Of Archibald, Larry Yackle
Faculty Scholarship
I am confident that historians will write that the trend of decisions during the 1950's and 1960's was in keeping with the mainstream ofAmerican history - a bit progressive but also moderate, a bit humane but not sentimental, a bit idealistic but seldom doctrinaire, and in the long run essentially pragmatic - in short, in keeping with the true genius of our institutions. 1 In the dedication of his classic work Democracy and Distrust2 to Chief Justice Earl Warren, the late John Hart Ely wrote "You don't need many heroes if you choose carefully." 3 For several generations of lawyers …
Irregulars: The Appellate Rights Of Persons Who Are Not Full-Fledged Parties, Joan E. Steinman
Irregulars: The Appellate Rights Of Persons Who Are Not Full-Fledged Parties, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Summary Of Reno Hilton Resort Corp. V. Verderber, 121 Nev. Adv. Rep. 1 , Robert M. Henriksen
Summary Of Reno Hilton Resort Corp. V. Verderber, 121 Nev. Adv. Rep. 1 , Robert M. Henriksen
Nevada Supreme Court Summaries
A class action was brought as a result of a Norwalk-like virus outbreak at the Reno Hilton in May and June of 1996. The district court divided the action into two phases. The first phase consisted of a jury trial regarding liability and class-wide punitive damages. The jury, imposing $25 million in punitive damages, found that the appellant’s (Reno Hilton Resort Corp.) policy of unpaid sick leave was the proximate cause of the outbreak. The second phase, which has not yet ensued, will consist of individual hearings to assess compensatory damages for each class member. Following the conclusion of the …
Teaching Civil Procedure Stories (Reviewing Civil Procedure Stories, Foundation Press 2004), Nancy S. Marder
Teaching Civil Procedure Stories (Reviewing Civil Procedure Stories, Foundation Press 2004), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Dismissing The Class: A Practical Approach To The Class Action Restriction On The Legal Services Corporation, Joshua D. Blank, Eric A. Zacks
Dismissing The Class: A Practical Approach To The Class Action Restriction On The Legal Services Corporation, Joshua D. Blank, Eric A. Zacks
Law Faculty Research Publications
The class action lawsuit has emerged as an effective legal device for addressing common harms. Claimants who might not litigate their claims individually are empowered by the opportunity to speak with one voice. The class action device, however, has been made largely unavailable to legal services lawyers representing the poor. Congressional restrictions enacted in 1996 prohibit legal services organizations that receive federal funding from the Legal Services Corporation from using that funding to initiate or participate in any class action lawsuit. This article examines the social, legal and professional impact of the class action restriction on the Legal Services Corporation …
Peace And Justice: Notes On The Evolution And Purposes Of Legal Processes, Carrie Menkel-Meadow
Peace And Justice: Notes On The Evolution And Purposes Of Legal Processes, Carrie Menkel-Meadow
Georgetown Law Faculty Lectures and Appearances
This text of the inaugural lecture for the A.B. Chettle, Jr. Chair in Dispute Resolution and Civil Procedure at Georgetown University Law Center presents an intellectual outline (theory and practice) for a house of justice built on the foundations of Lon Fuller, the Legal Process school, Jurgen Habermas' and Stuart Hampshire's social philosophy about democratic processes, the floors of comparative processes, drawing on the work of political theorist Jon Elster and empirical work on legal and political processes and the ceilings of new processes, like consensus building fora, truth and reconciliation commissions and other combinations of legal and political processes. …
Revision Del Codigo Civil Y La Responsabilidad Civil Extracontractual (Parte Ii); Una Propuesta Alternativa Al Borrador De La Comision De Revision, 74 Rev. Jur. U.P.R. 1 (2005), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Rhetorical Questions Concerning Justice And Equality In Educational Opportunities, Michael J. Kaufman
Rhetorical Questions Concerning Justice And Equality In Educational Opportunities, Michael J. Kaufman
Faculty Publications & Other Works
No abstract provided.
Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel A. Gómez
Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel A. Gómez
Faculty Publications
No abstract provided.
Breaking Bodies Into Pieces: Time, Torture And Bio-Power, Cary H. Federman, Dave Holmes
Breaking Bodies Into Pieces: Time, Torture And Bio-Power, Cary H. Federman, Dave Holmes
Department of Justice Studies Faculty Scholarship and Creative Works
This article is an attempt to comprehend the bureaucratic phenomenon of the deathwatch, the last 24 hours of a prisoner’s life, stressing the theoretical applications scholars can make to the study of docile bodies on death row. Because years of work are necessary to obtain obedience from condemned inmates, health care professionals lend more than an aura of legitimacy to the capital punishment process. As an integral part of the prison and capital punishment, they provide stability, reliability, and the means to achieve the goals of peaceful executions. The ultimate objective of utilizing health care professionals is the sanitization of …
Defining The Limits Of Supplemental Jurisdiction Under 28 U.S.C. § 1367: A Hearty Welcome To Permissive Counterclaims, Michelle S. Simon
Defining The Limits Of Supplemental Jurisdiction Under 28 U.S.C. § 1367: A Hearty Welcome To Permissive Counterclaims, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
In 1990, Congress passed 28 U.S.C. § 1367, which combined the judge-made doctrines of ancillary and pendent jurisdiction into a new category, “supplemental jurisdiction.” Supplemental jurisdiction allows federal district courts with original jurisdiction to also have jurisdiction over all other claims that form part of the “same case or controversy under Article III of the United States Constitution.” This Article analyzes supplemental jurisdiction over both permissive and compulsory counterclaims, before and after the codification of § 1367, by looking at the meaning of “same case or controversy.” It then examines two Circuit Court opinions that have held permissive counterclaims may …
Foreword: Love It Or Leave It; An Examination Of The Need For And Structure Of A Class Action Rule In Mississippi, Deborah Challener
Foreword: Love It Or Leave It; An Examination Of The Need For And Structure Of A Class Action Rule In Mississippi, Deborah Challener
Journal Articles
Given Mississippi's unique status as the only state without a class action rule, the recent developments in Mississippi joinder law, and the suggestions in Armond and Bailey that Mississippi should adopt a class action rule, scholars and practitioners from around the country gathered in Jackson, Mississippi on February 18, 2005, to debate two issues. First, should Mississippi now adopt a class action rule? Second, how should such a rule be structured? The articles in this Symposium represent the final written product of this debate. This Foreword organizes the articles by issue, provides an overview of each article, and identifies key …
Preclusion In Class Action Litigation, Tobias Barrington Wolff
Preclusion In Class Action Litigation, Tobias Barrington Wolff
All Faculty Scholarship
"Despite the intense focus that courts and commentators have trained upon class litigation for the last twenty-five years, a central feature of the class-action lawsuit has received no sustained attention: the preclusive effect that a judgment in a class action should have upon the other, non-class claims of absentees. The omission is a serious one. If claim and issue preclusion were to operate in their normal mode when a claim is certified for class treatment, absentees would sometimes face a serious threat of having their high-value individual claims compromised. Such a threat, in turn, can create ex ante conflicts of …
Theory Of Punitive Damages, Benjamin C. Zipursky
Theory Of Punitive Damages, Benjamin C. Zipursky
Faculty Scholarship
A contemporary theory of punitive damages must answer two questions: (1) what place, if any, do punitive damages have in the civil law of tort, given that they appear to involve an idea of criminal punishment? (2) why are punitive damages subject to special constitutional scrutiny, as in the Supreme Court's decision in BMW v. Gore, if they really are part of the civil law of tort? The article offers a theory that can answer both of these questions. Punitive damages have a double aspect, corresponding to two senses of "punitive." Insofar as they pertain to the state's goal of …
Did The Private Securities Litigation Reform Act Work?, Michael A. Perino
Did The Private Securities Litigation Reform Act Work?, Michael A. Perino
Faculty Publications
In 1995 Congress passed the Private Securities Litigation Reform Act (the PSLRA or the Act) to address abuses in securities fraud class actions. In the wake of Enron, WorldCom, Adelphia, and other high profile securities frauds, critics suggest that the law made it too easy to escape liability for securities fraud and thus created a climate in which frauds are more likely to occur. Others claim that the Act has largely failed because it did little to deter plaintiffs' lawyers from filing nonmeritorious cases. This article employs a database of the 1449 class actions filed from 1996 through 2001 to …