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Articles 1 - 16 of 16
Full-Text Articles in Law
The Court And The Private Plaintiff, Elizabeth Beske
The Court And The Private Plaintiff, Elizabeth Beske
Articles in Law Reviews & Other Academic Journals
Two seemingly irreconcilable story arcs have emerged from the Supreme Court over the past decade. First, the Court has definitively taken itself out of the business of creating private rights of action under statutes and the Constitution, decrying such moves as relics of an “ancient regime.” Thus, the Supreme Court has slammed the door on its own ability to craft rights of action under federal statutes and put Bivens, which recognized implied constitutional remedies, into an ever-smaller box. The Court has justified these moves as necessary to keep judges from overstepping their bounds and wading into the province of the …
Incarcerated Women: Reproductive Healthcare Concerns Silenced By The Prison Litigation Reform Act, Amanda Feldman
Incarcerated Women: Reproductive Healthcare Concerns Silenced By The Prison Litigation Reform Act, Amanda Feldman
Upper Level Writing Requirement Research Papers
No abstract provided.
Promise Amid Peril: Prea's Efforts To Regulate An End To Prison Rape, Brenda V. Smith
Promise Amid Peril: Prea's Efforts To Regulate An End To Prison Rape, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This Article discusses the modest aspirations of the Prison Rape Elimination Act (“PREA”) that passed unanimously in the United States Congress in 2003. The Article posits that PREA created opportunities for holding correctional authorities accountable by creating a baseline for safety and setting more transparent expectations for agencies’ practices for protecting prisoners from sexual abuse. Additionally, the Article posits that PREA enhanced the evolving standards of decency for the Eighth Amendment and articulated clear expectations of correctional authorities to provide sexual safety for people in custody.
Judge Shopping In The Eastern District Of Texas, Jonas Anderson
Judge Shopping In The Eastern District Of Texas, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
Judge Rodney Gilstrap has a lot of patent cases on his docket. In fact, in 2015 there were 1,686 patent cases that were filed and assigned to Judge Gilstrap, an astronomical number for a single judge. Judge Gilstrap — one of eight federal judges who sit on the Eastern District of Texas — is so popular with patent plaintiffs that over one-fourth of all patent cases in the country are heard by him. This Article addresses the problems with allowing this judge shopping to occur. It reviews the scholarship on the topic that is almost universally opposed to judge shopping …
The Future Of Climate Change Litigation After Aep V. Connecticut, Amanda Leiter, Rick Faulk, Eric Lasker, Mike Myers
The Future Of Climate Change Litigation After Aep V. Connecticut, Amanda Leiter, Rick Faulk, Eric Lasker, Mike Myers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Ghostwriting: Filling In The Gaps Of Pro Se Prisoners' Access To The Courts, Ira P. Robbins
Ghostwriting: Filling In The Gaps Of Pro Se Prisoners' Access To The Courts, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
Compared with other litigants, pro se prisoners are at an inherent disadvan-tage when they try to vindicate their rights. They lack many of the resources enjoyed by non-prisoner litigants. They have limited finances and limited access to legal-research materials. Even if they had such access, their illiteracy would lessen its effectiveness. Moreover, many attorneys are unwilling or unable to undertake full representation of prisoner litigants. As a result, pro se prisoners struggle to navigate the complex legal system, often losing their cases on procedural grounds before ever reaching a decision on the merits. This Article argues that, in order to …
Paperless Litigation, Susan Bennett
Paperless Litigation, Susan Bennett
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Integrating Investment Treaty Conflict And Dispute Systems Design, Susan Franck
Integrating Investment Treaty Conflict And Dispute Systems Design, Susan Franck
Articles in Law Reviews & Other Academic Journals
With the debate on the renewal of the Trade Promotion Authority Act, the proper terms of investment treaties - including dispute resolution provisions - have become an issue of public scrutiny. In a so-called litigation explosion, investors resolve disputes against host governments through international arbitration mechanisms in investment treaties; and there is little evidence of reliance on other processes like mediation. This escalation has lead to a teething period where parties and non-parties have expressed divergent views as to the efficacy, efficiency and fairness of the dispute resolution process. With billions of dollars and sovereignty at stake, the dispute resolution …
Negligence In The Air: The Duty Of Care In Climate Change Litigation, David Hunter, James Salzman
Negligence In The Air: The Duty Of Care In Climate Change Litigation, David Hunter, James Salzman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Progressive Lawyering In Politically Depressing Times, Susan Carle
Progressive Lawyering In Politically Depressing Times, Susan Carle
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Susan Sturm's important work offers a ray of optimism in a contemporary political climate most people of progressive inclinations find somewhat depressing. Sturm examines new models for bringing about institutional re- form without extensive management from legislatures or courts. As Sturm recognizes, resort to litigation as a strategy for increasing gender parity in employment is not a promising option these days, for several sets of reasons. First, as Sturm has explained in an earlier pathbreaking article, judicial decrees are not well suited to addressing "second generation" problems of structural reform of institutions, such as eliminating manifestations of race and …
Roundtable With Former Directors Of The Bureau Of Economics, Jonathan Baker
Roundtable With Former Directors Of The Bureau Of Economics, Jonathan Baker
Presentations
The roundtable commemorates the 100th anniversary of the FTC's predecessor agency, the Bureau of Corporations. It was sponsored by the FTC's Bureau of Economics (BE) and focused on BE history and contributions of BE and economic analysis to antitrust and consumer protection enforcement, and to research and economic knowledge and policy. BE was featured because the original functions of the Bureau of Corporations were to collect information, to conduct industry and policy research, to prepare reports at the request of the Congress and the President. The panelists for the roundtable consisted of former BE Directors and Acting Directors from the …
The Civil Rights Era: A Look Back By Those Who Lived And Litigated Through It, Stephen Wermiel
The Civil Rights Era: A Look Back By Those Who Lived And Litigated Through It, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Litigation Against Employment Penalties For Pregnancy, Breastfeeding, And Childcare, Candace Kovacic-Fleischer
Litigation Against Employment Penalties For Pregnancy, Breastfeeding, And Childcare, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer
Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …
Expropriation In The Energy Industry: Canada's Crown Share Provision As A Violation Of International Law, Diane Orentlicher
Expropriation In The Energy Industry: Canada's Crown Share Provision As A Violation Of International Law, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Pro Se Litigation - Litigating Without Counsel: Faretta Or For Worse, Ira P. Robbins, Susan Herman
Pro Se Litigation - Litigating Without Counsel: Faretta Or For Worse, Ira P. Robbins, Susan Herman
Articles in Law Reviews & Other Academic Journals
No abstract provided.