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Full-Text Articles in Law
Adjusting The Asylum Bar: Neguise V. Holder And The Need To Incorporate A Defense Of Duress Into The "Persecutor Bar", Melani Johns
Adjusting The Asylum Bar: Neguise V. Holder And The Need To Incorporate A Defense Of Duress Into The "Persecutor Bar", Melani Johns
Golden Gate University Law Review
This Comment explores the different interpretations of the "persecutor bar" among the circuits and proposes an exception for those who have persecuted others while under duress. Part I begins with the background and policy reasons behind the establishment of the persecutor bar, including the split in the courts as to how to interpret it and whether to allow the defense of duress. Part II focuses on Justice Scalia's concurring opinion in Negusie v. Holder, which summarizes and explains the arguments supporting an absolute persecutor bar. Justice Scalia posited that duress is not a defense against harming others, that asylum is …
Family Ties Or Criminal Contacts: A Case For The Appointment Of Counsel In Civil Gang Injunction Proceedings That Affect Family Relationships, Alexander Jones
Family Ties Or Criminal Contacts: A Case For The Appointment Of Counsel In Civil Gang Injunction Proceedings That Affect Family Relationships, Alexander Jones
Golden Gate University Law Review
This comment argues that when an individual is targeted by a civil gang injunction that interferes with that individual's family relationships, due process requires the appointment of counsel for that individual. This comment does not argue that civil gang injunctions should be prohibited, or even that civil gang injunctions should not be able to enjoin family members from seeing each other in public. Part I discusses the problem of gangs and how civil gang injunctions have emerged to combat them. Part II explores factors considered for the appointment of counsel in civil cases and why family relationships put a personal …
Civil Procedure - Rule 11 Sanctions Revisited: Townsend V. Holman Consulting Corporation, Annette M. Wilson
Civil Procedure - Rule 11 Sanctions Revisited: Townsend V. Holman Consulting Corporation, Annette M. Wilson
Golden Gate University Law Review
This article examines the Townsend decision and its interpretation and application of Rule 11 sanctions. It further examines the development of Rule 11 sanctions in light of the liberal pleading standards introduced with the advent of the Federal Rules in 1938. Finally, the article reviews the criticisms and comments leveled at Rule 11, and speculates on its future and its impact on federal court litigation.
Civil Procedure - White V. Mcginnis: The Ninth Circuit Expands Civil Jury Trial Waiver, Herber Carlton Leney Jr.
Civil Procedure - White V. Mcginnis: The Ninth Circuit Expands Civil Jury Trial Waiver, Herber Carlton Leney Jr.
Golden Gate University Law Review
In White v. McGinnis, the Ninth Circuit held that a civil litigant's knowing participation in a bench trial without objection constituted waiver of a timely jury demand. This case overruled Palmer v. United States in which the Ninth Circuit determined that acquiesence to a bench trial did not constitute waiver of a jury trial demand. This article will examine the Ninth Circuit's rejection of the literal statutory language of civil jury trial waiver under Rules 38(d) and 39(a) of the Federal Rules of Civil Procedure.
Civil Procedure - Townsend V. Holman Consulting Corp.: Rule 11 Sanctions, Ignorance Or Vigorous Litigation Is No Excuse, Donna H. Mullen
Civil Procedure - Townsend V. Holman Consulting Corp.: Rule 11 Sanctions, Ignorance Or Vigorous Litigation Is No Excuse, Donna H. Mullen
Golden Gate University Law Review
In a unanimous en banc ruling, the Ninth Circuit Court of Appeals, in Townsend v. Holman Consulting Corp., held that an attorney may be sanctioned under Rule 11 of the Federal Rules of Civil Procedure for a partially frivolous pleading. The court rejected the argument that the pleadings could not be the subject of sanctions because they also included non-frivolous requests for relief. Prior Ninth Circuit decisions had permitted imposition of Rule 11 sanctions only when the pleading as a whole was frivolous. This decision expands attorney liability under Rule 11 and vacates an earlier panel decision of the Ninth …
Civil Rights, Christopher W. Coffey, Maureen Mullane
Civil Rights, Christopher W. Coffey, Maureen Mullane
Golden Gate University Law Review
No abstract provided.
Federal Practice And Procedure, Bartholomew Lee, Judith A. Leichtnam
Federal Practice And Procedure, Bartholomew Lee, Judith A. Leichtnam
Golden Gate University Law Review
No abstract provided.
Party Autonomy In International Commercial Arbitration: Consolidation Of Multiparty And Classwide Arbitration, Okuma Kazutake
Party Autonomy In International Commercial Arbitration: Consolidation Of Multiparty And Classwide Arbitration, Okuma Kazutake
Annual Survey of International & Comparative Law
Dispute settlement is an important area in international contract and trade. Settlement either by litigation in court or by alternative dispute resolution (ADR) is contemplated by contractual parties in international transactions. Each system presents its own problems. Effective litigation requires a judge to be an impartial, legal expert; however, is that always true, especially in the international context? A party litigating in another country is often concerned about whether he can achieve a fair judgment there. Decisions can sometimes be based on patriotic or parochial grounds, and even if a party receives a fair judgment, will he be able to …