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Articles 1 - 5 of 5
Full-Text Articles in Law
Overcoming Babel’S Curse: Adapting The Doctrine Of Foreign Equivalents, Jonathan Skinner
Overcoming Babel’S Curse: Adapting The Doctrine Of Foreign Equivalents, Jonathan Skinner
Publications
No abstract provided.
Wilkes V. Springside Nursing Home, Inc.: A Historical Perspective, Mark J. Loewenstein
Wilkes V. Springside Nursing Home, Inc.: A Historical Perspective, Mark J. Loewenstein
Publications
No abstract provided.
Examining The International Judicial Function: International Courts As Dispute Resolvers, Anna Spain
Examining The International Judicial Function: International Courts As Dispute Resolvers, Anna Spain
Publications
This article examines the judicial function of international courts by considering both what it is and what it ought to be. The article identifies and describes two distinct functions - dispute settlement and peace promotion - and explores the tensions that exist in pursuing these two aims. It then introduces a third way of understanding the international judicial function that respects international courts’ traditional role as dispute settlers while allowing for their more engaged and proactive function as peacemakers. This third approach conceptualizes that the role of international courts is to resolve disputes. Doing so requires understanding courts as entities …
Class Actions At The Crossroads: An Answer To Wal-Mart V. Dukes, Suzette M. Malveaux
Class Actions At The Crossroads: An Answer To Wal-Mart V. Dukes, Suzette M. Malveaux
Publications
The Supreme Court has recently decided to hear argument in the largest private-employer civil rights case in American history, Dukes v. Wal-Mart Stores, Inc. This historic case involves up to 1.5 million women suing Wal-Mart, one of the largest companies in the world, for alleged gender discrimination in pay and promotions, in violation of Title VII of the Civil Rights Act of 1964. Like many employees who challenge companywide employment discrimination, the plaintiffs in Dukes brought their case as a class action pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure and sought injunctive and declaratory relief, …
Varying Declarations Of Interdependence: The Tenth Circuit's Inconsistent Analysis Of Criminal Conspiracy, Jeff Van Der Veer
Varying Declarations Of Interdependence: The Tenth Circuit's Inconsistent Analysis Of Criminal Conspiracy, Jeff Van Der Veer
University of Colorado Law Review
The Tenth Circuit distinguishes itself from its sister circuits by requiring the prosecution to prove a unique element in all federal criminal conspiracy cases: interdependence. Taken literally, interdependence exists when each conspirator relies on his fellow conspirators to achieve their collective criminal goal. While the Tenth Circuit may have enforced this literal definition in the past, it has since announced varying definitions that have relaxed the standard, thus creating an imprecise and confusing area of case law. This unfortunate evolution has transformed what was once a unique requirement into little more than a formality. The Tenth Circuit should return to …