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Articles 1 - 18 of 18

Full-Text Articles in Law

Walking The Regulatory Tightrope: Balancing Bullies’ Free Speech Rights Against The Rights Of Victims To Be Let Alone When Regulating Off Campus K-12 Student Cyber-Speech, Lisa Smith-Butler Jan 2013

Walking The Regulatory Tightrope: Balancing Bullies’ Free Speech Rights Against The Rights Of Victims To Be Let Alone When Regulating Off Campus K-12 Student Cyber-Speech, Lisa Smith-Butler

Lisa Smith-Butler

No abstract provided.


Enforceability Of Forum Selection Clauses: A "Gallant Knight" Still Seeking Eldorado, Nathan M. Crystal, Francesca Giannoni-Crystal May 2011

Enforceability Of Forum Selection Clauses: A "Gallant Knight" Still Seeking Eldorado, Nathan M. Crystal, Francesca Giannoni-Crystal

Nathan M. Crystal

Forum selection clauses (“FSC”) are very common in both domestic and international contracts. In Bremen v. Zapata Off-Shore Company (“Bremen”), 407 U.S. 1 (1972), the Supreme Court established basic standards for the enforceability of such clauses. Relying on Bremen standards, courts today generally enforce FSC. However, the vagueness of Bremen standards leaves room for a party to resist enforcement. The result may be delay and inefficiency. The Supreme Court has said that arbitration clause is a form of FSC, but it has applied different standards for the enforcement of arbitration clauses from FSC. This article argues for a reformulation of …


Ethics Watch, South Carolina Lawyer, 2008 And Ongoing, Nathan M. Crystal Jan 2011

Ethics Watch, South Carolina Lawyer, 2008 And Ongoing, Nathan M. Crystal

Nathan M. Crystal

No abstract provided.


Bad Faith In North Carolina Insurance Contracts : A Growing Part Of Insurance Practice, Constance A. Anastopoulo Jan 2010

Bad Faith In North Carolina Insurance Contracts : A Growing Part Of Insurance Practice, Constance A. Anastopoulo

Constance A. Anastopoulo

No abstract provided.


Due Process Forgotten: The Problem Of Statutory Damages And Class Actions, Sheila B. Scheuerman Jan 2009

Due Process Forgotten: The Problem Of Statutory Damages And Class Actions, Sheila B. Scheuerman

Sheila Scheuerman

No abstract provided.


Instructing Juries On Punitive Damages: Due Process Revisited After Philip Morris V. Williams, Sheila B. Scheuerman, Anthony J. Franze Jun 2008

Instructing Juries On Punitive Damages: Due Process Revisited After Philip Morris V. Williams, Sheila B. Scheuerman, Anthony J. Franze

Sheila Scheuerman

No abstract provided.


Two Worlds Collide: How The Supreme Court's Recent Punitive Damages Decisions Affect Class Actions, Sheila B. Scheuerman Jan 2008

Two Worlds Collide: How The Supreme Court's Recent Punitive Damages Decisions Affect Class Actions, Sheila B. Scheuerman

Sheila Scheuerman

No abstract provided.


The Road Not Taken: Would Application Of The Excessive Fines Clause To Punitive Damages Have Made A Difference?, Sheila B. Scheuerman Jan 2008

The Road Not Taken: Would Application Of The Excessive Fines Clause To Punitive Damages Have Made A Difference?, Sheila B. Scheuerman

Sheila Scheuerman

No abstract provided.


Law Librarianship In The 21st Century,, Lisa Smith-Butler Jan 2007

Law Librarianship In The 21st Century,, Lisa Smith-Butler

Lisa Smith-Butler

No abstract provided.


The Consumer Fraud Class Action: Reining In Abuse By Requiring Plaintiffs To Allege Reliance As An Essential Element, Sheila B. Scheuerman Aug 2006

The Consumer Fraud Class Action: Reining In Abuse By Requiring Plaintiffs To Allege Reliance As An Essential Element, Sheila B. Scheuerman

Sheila Scheuerman

This article argues that the recent rise in consumer fraud class action lawsuits is tied to the concomitant failure of many state courts to require reliance during class certification. The Article also provides a detailed history of the FTC, the subsequent rise in consumer fraud statutes and the early failure of both federal and state government agencies to adequately pursue violations of these laws.


Instructing Juries On Punitive Damages: Due Process Revisited After State Farm, Sheila B. Scheuerman, Anthony J. Franze Aug 2003

Instructing Juries On Punitive Damages: Due Process Revisited After State Farm, Sheila B. Scheuerman, Anthony J. Franze

Sheila Scheuerman

No abstract provided.


False Testimony By Criminal Defendants: Still Unanswered Ethical And Constitutional Questions, Nathan M. Crystal Jan 2003

False Testimony By Criminal Defendants: Still Unanswered Ethical And Constitutional Questions, Nathan M. Crystal

Nathan M. Crystal

No abstract provided.


Limitations On Zealous Representation In An Adversarial System, Nathan M. Crystal Jan 1997

Limitations On Zealous Representation In An Adversarial System, Nathan M. Crystal

Nathan M. Crystal

No abstract provided.


Disqualification Of Counsel For Unrelated Matter Conflicts Of Interest, Nathan M. Crystal Jan 1990

Disqualification Of Counsel For Unrelated Matter Conflicts Of Interest, Nathan M. Crystal

Nathan M. Crystal

No abstract provided.


Securities Arbitration: Is Required For Arbitration Fair Investors?, J. Kirkland Grant Jan 1990

Securities Arbitration: Is Required For Arbitration Fair Investors?, J. Kirkland Grant

J. Kirkland Grant

No abstract provided.


An Empirical View Of Relational Contracts Under Article Two Of The Uniform Commercial Code, Nathan M. Crystal Jan 1988

An Empirical View Of Relational Contracts Under Article Two Of The Uniform Commercial Code, Nathan M. Crystal

Nathan M. Crystal

No abstract provided.


Confidentiality Under The Model Rules Of Professional Conduct, Nathan M. Crystal Jan 1982

Confidentiality Under The Model Rules Of Professional Conduct, Nathan M. Crystal

Nathan M. Crystal

No abstract provided.


Ethical Problems In Marital Practice, Nathan M. Crystal Jan 1979

Ethical Problems In Marital Practice, Nathan M. Crystal

Nathan M. Crystal

No abstract provided.