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Articles 1 - 12 of 12
Full-Text Articles in Law
Scotland - Brexit, Boris Johnson And The Nobile Officium, Stephen Thomson
Scotland - Brexit, Boris Johnson And The Nobile Officium, Stephen Thomson
Journal of Civil Law Studies
No abstract provided.
Establishing Climate Change Standing: A New Approach, Ian R. Curry
Establishing Climate Change Standing: A New Approach, Ian R. Curry
Pace Environmental Law Review
Climate change is one of the thorniest political, legal, and economic issues of our time. Therefore, a new legal approach to the issue is required. This Note proposes a streamlined approach for climate change standing, one that assumes injury in fact and causation for a class of discernible climate change harms. A streamlined approach will enable litigants harmed by climate change to seek redress in court, providing an outlet for redress where there has previously been none. Part II of this Note discusses the constitutional doctrine of standing. It begins with a summary of Article III and the logic behind …
Expert Witness Reports In Federal Civil Litigation: The Role Of The Attorney In The Expert Witness Report's Preparation, Arthur F. Greenbaum
Expert Witness Reports In Federal Civil Litigation: The Role Of The Attorney In The Expert Witness Report's Preparation, Arthur F. Greenbaum
Hofstra Law Review
Every day across America civil litigators in federal court work closely with experts to create required expert reports and hone expert testimony. Yet they do so without clear guidance as to the limits, if any, on their assistance. Despite an attempt in 2010 to clarify the rules in this area with amendments to the Federal Rules of Civil Procedure, that attempt has proven woefully inadequate. Today there is no consensus as to the line between proper assistance and lawyer overreaching. There are major areas of uncertainty over the means by which the degree of lawyer involvement can be discovered. While …
Due Process Supreme Court Appellate Division
Double Jeopardy Supreme Court Appellate Division Second Department
Double Jeopardy Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
At The Intersection Of Erie And Administrative Law: Front-Loading The Erie Question Into The Adoption Of A Federal Rule, Jeffrey L. Rensberger
At The Intersection Of Erie And Administrative Law: Front-Loading The Erie Question Into The Adoption Of A Federal Rule, Jeffrey L. Rensberger
Akron Law Review
The Supreme Court regularly faces Erie issues involving the displacement of state law by a Federal Rule of Civil Procedure. Under Hanna v. Plummer, federal rules displace state law if they were intended to apply to the matter at issue and are valid. But in such cases, the Court has already encountered the rule once before, at the time it adopted the rule and transmitted it to Congress. Why is the Erie question decided at the back end of the process rather than at its front? If the question of whether a rule is intended to displace state law …
Adrift On Erie: Characterizing Forum-Selection Clauses, Kermit Roosevelt Iii, Bethan R. Jones
Adrift On Erie: Characterizing Forum-Selection Clauses, Kermit Roosevelt Iii, Bethan R. Jones
Akron Law Review
Erie is one of our most famous cases, but also one of the most mysterious. It has become something of a Rorschach test, a pattern onto which scholars project their own concerns. This article presents a simple view of Erie as a case about power: first, who has the power to make certain laws and second, who has the power to interpret them. From this perspective, Erie has nothing to do with substance-procedure characterization—the topic now understood to be governed by Erie analysis. Indeed, early post-Erie cases describe Erie as concerned with power. The substance-procedure distinction enters the picture …
The Erie Doctrine: A Flowchart, Michael S. Green
The Erie Doctrine: A Flowchart, Michael S. Green
Akron Law Review
The following is a complete flowchart for Erie problems. Although it differs from past efforts in many respects, perhaps the most important difference is that it accommodates all the jurisdictional contexts in which Erie problems can arise in federal court, not just diversity jurisdiction. My hope is that this flowchart will help demystify Erie, by showing that Erie problems are, by and large, standard choice-of-law problems, much like those faced by state courts.
The Challenges Of Cryptocurrency Asset Recovery, Andrew W. Balthazor
The Challenges Of Cryptocurrency Asset Recovery, Andrew W. Balthazor
FIU Law Review
No abstract provided.
Reforming Service Of Process: An Access-To-Justice Framework, Andrew C. Budzinski
Reforming Service Of Process: An Access-To-Justice Framework, Andrew C. Budzinski
University of Colorado Law Review
Over the past few decades, the number of pro se litigants in state civil courts has risen exponentially-between 75 percent and 90 percent of litigants in family law cases, landlordtenant disputes, and small claims actions did not have a lawyer in 2015. Procedural rules governing those proceedings, however, often impose requirements that disproportionately burden unrepresented litigants, fail to optimally protect the due process rights of those parties, and thereby deny them access to justice. Rules governing service of process illustrate this problem by requiring litigants to find a third party to hand-deliver court papers to a defendant directly or to …