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Full-Text Articles in Law

Cisg Article 31: When Substantive Law Rules Affect Jurisdictional Results, Ronald A. Brand Jan 2006

Cisg Article 31: When Substantive Law Rules Affect Jurisdictional Results, Ronald A. Brand

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No abstract provided.


Tolling: The American Pipe Tolling Rule And Successive Class Actions, Rhonda Wasserman Jan 2006

Tolling: The American Pipe Tolling Rule And Successive Class Actions, Rhonda Wasserman

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Timing is everything. Even the most meritorious lawsuit will be dismissed if the statute of limitations has run on the plaintiff's claim. In class action litigation, this hurdle is particularly daunting. Supreme Court precedent makes clear that if a class action complaint is timely filed, then the claims of all class members are deemed timely. Likewise, if a motion to certify the class is denied, absent class members may seek to intervene in the pending action or to file individual actions and either way, the statute of limitations is tolled from the date of filing of the class action complaint …


Stepparents As Third Parties In Relation To Their Stepchildren, Margaret Mahoney Jan 2006

Stepparents As Third Parties In Relation To Their Stepchildren, Margaret Mahoney

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The "third parties" who inspired this symposium are categories of adults who form de facto family ties with children to whom they do not stand in the relationship of legal parent. In the eyes of the law, the status of parenthood is generally restricted to biological and adoptive parents. Within this frame of reference, stepparents constitute a major category of "third parties" who develop relationships with their stepchildren but are not regarded as legal parents.

In spite of the long history of stepfamily issues in the legal arena, and the increased demand for regulation in recent decades, little progress has …


The View From The Trenches: Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice, Arthur D. Hellman Jan 2006

The View From The Trenches: Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice, Arthur D. Hellman

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In November 2005, four prominent legal organizations sponsored the second National Conference on Appellate Justice. One purpose was to take a fresh look at the operation of appellate courts 30 years after the first National Conference. As part of the 2005 Conference, small groups of judges and lawyers gathered in breakout sessions to discuss specific issues about the operation of the appellate system. This article summarizes and synthesizes the participants' comments. The article is organized around three major topics, each of which builds on a different contrast with the 1975 conference.

First, the participants in the earlier conference apparently assumed …