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Full-Text Articles in Law
Fraud On The Market Gets A Minitrial: Eisen Through In Re Ipo, Patricia Groot
Fraud On The Market Gets A Minitrial: Eisen Through In Re Ipo, Patricia Groot
Duke Law Journal
Securities class actions involve contested pretrial hearings to determine the proper class of plaintiffs. The certification decision often affects the outcome of a case because defendants usually settle if the class is certified, whereas plaintiffs usually abandon the case without trial if certification is denied. Courts disagree, however, over the appropriate class certification procedure. Courts that emphasize efficiency invoke Eisen v. Carlisle & Jacquelin to preclude considering substantive issues during the pretrial hearing. Courts that emphasize the importance of determining the correct class during the pretrial stage follow General Telephone Co. of the Southwest v. Falcon and allow parties to …
Forum Shopping Before International Tribunals: (Real) Concerns, (Im)Possible Solutions, Joost Pauwelyn, Luiz Eduardo Salles
Forum Shopping Before International Tribunals: (Real) Concerns, (Im)Possible Solutions, Joost Pauwelyn, Luiz Eduardo Salles
Cornell International Law Journal
No abstract provided.
Scrivener's Error Doctrine And Textual Criticism: Confronting Errors In Statutes And Literary Texts, The War On Error, David M. Sollors
Scrivener's Error Doctrine And Textual Criticism: Confronting Errors In Statutes And Literary Texts, The War On Error, David M. Sollors
Santa Clara Law Review
No abstract provided.
The Realism Of Judges Past And Present, Brian Z. Tamanaha
The Realism Of Judges Past And Present, Brian Z. Tamanaha
Cleveland State Law Review
This Article has a single objective: to dispel the notion that judges are deceptive or deluded about judging. These unwarranted assumptions about judges distort theoretical and empirical debates about judging. Ordinarily the participants in any activity are presumed to possess valuable insights about the nature of that activity. Owing to the assumption that judges are deluded or dishonest, what they say on the subject of judging is often regarded with skepticism, discounted at the outset.
United States V. Leveto, Jennifer Steward
A Judicial Philosophy: People-Oriented Justice, Larry V. Starcher
A Judicial Philosophy: People-Oriented Justice, Larry V. Starcher
West Virginia Law Review
No abstract provided.