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Full-Text Articles in Law
State Constitutions And Summary Judgment, Marcus Gadson
State Constitutions And Summary Judgment, Marcus Gadson
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Is summary judgment constitutional? Scholars have passionately debated the question in recent years. But they have made an important oversight. State courts hear more than fifty times as many cases a year as federal courts do. Whatever state courts decide with regard to summary judgment will affect vastly more litigants than what federal courts do. At the same time, states have largely adopted federal summary judgment standards and cases interpreting them. Yet scholars considering whether summary judgment is constitutional have focused all of their attention on the Seventh Amendment. They have entirely failed to consider state constitutional jury trial guarantees. …
Hitting The Trip-Wire: When Does A Company Become A “Marijuana Business”?, Lauren A. Newell
Hitting The Trip-Wire: When Does A Company Become A “Marijuana Business”?, Lauren A. Newell
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Like the alcohol industry was during Prohibition, the marijuana industry is a profitable one. And, as bootlegging was then, selling marijuana in the United States is currently illegal. Despite the number of states that have legalized or decriminalized the sale of marijuana for medical or recreational use under state law, marijuana sales remain illegal as a matter of federal law under the federal Controlled Substances Act of1970 ("CSA "). Individuals and entities that violate the CSA face substantial criminal and civil liability, including prison time and fines, alongside a host of additional negative consequences arising from business, tax, bankruptcy, and …
The Uncertain Fate Of Asymmetrical Dispute Resolution Clauses In Arbitration Around The Globe: To Be Or Not To Be, Raluca Papadima
The Uncertain Fate Of Asymmetrical Dispute Resolution Clauses In Arbitration Around The Globe: To Be Or Not To Be, Raluca Papadima
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This article examines the validity and enforceability of asymmetrical dispute resolution clauses combining arbitration and litigation. Such clauses are currently favored by businesses in their search for a method of dispute resolution that provides a more favorable position for one of the parties to an agreement and ensures better enforcement against the assets of the counterparty.