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Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law Dec 2015

Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law

Life of the Law School (1993- )

Also available @ http://law.rwu.edu/story/logan-2015s-record-settlements


Table Of Contents: Annual Survey 2015 Nov 2015

Table Of Contents: Annual Survey 2015

University of Richmond Law Review

No abstract provided.


Civil Practice And Procedure, John R. Walker, Jaime B. Wisegarver Nov 2015

Civil Practice And Procedure, John R. Walker, Jaime B. Wisegarver

University of Richmond Law Review

No abstract provided.


Obtaining International Judicial Assistance Under The Federal Rules And The Hague Convention On The Taking Of Evidence Abroad In Civil And Commercial Matters: An Exposition Of The Procedures And A Practical Example: In Re Westinghouse Uranium Contract Litigation, Robert J. Augustine May 2015

Obtaining International Judicial Assistance Under The Federal Rules And The Hague Convention On The Taking Of Evidence Abroad In Civil And Commercial Matters: An Exposition Of The Procedures And A Practical Example: In Re Westinghouse Uranium Contract Litigation, Robert J. Augustine

Georgia Journal of International & Comparative Law

No abstract provided.


A Marriage By Any Other Name: Why Civil Unions Should Receive Federal Recognition, Deborah A. Widiss, Andrew Koppelman May 2015

A Marriage By Any Other Name: Why Civil Unions Should Receive Federal Recognition, Deborah A. Widiss, Andrew Koppelman

Indiana Journal of Law and Social Equality

The federal government now recognizes same-sex marriages as triggering rights and responsibilities under federal law. However, it still generally refuses to recognize alternative legal statuses—civil unions and domestic partnerships—that were created by states to serve as functional marriages. Even though all the states that created such alternative statuses now permit same-sex couples to marry, this misguided policy causes ongoing harms. Some same-sex couples who entered into alternative relationships when marriage was not an option may now lack the capacity to marry. Couples who have since married may also be hurt by the federal government’s refusal to recognize civil unions or …


Searching For Remedial Paradigms: Human Rights In The Age Of Terrorism, Frances Howell Rudko Mar 2015

Searching For Remedial Paradigms: Human Rights In The Age Of Terrorism, Frances Howell Rudko

University of Massachusetts Law Review

Nine years after the unprecedented terrorist attacks on September 11, judicial response to various governmental and individual methods of combating terrorism remains deferential and restrained. The courts have heard at least three types of cases brought by advocates for three distinct groups: the alleged perpetrators of terrorism; the victims of terrorist attacks; and third party humanitarian groups. Implicit in the practical question of how to deal effectively with terrorism is the broader consideration which Congress, the President and others must also address: how to respond to the terrorists’ extreme human rights violations without violating international human rights norms and international …


American Punitive Damages Vs. Compensatory Damages In Promoting Enforcement In Democratic Nations Of Civil Judgements To Deter State-Sponsors Of Terrorism, Jeffrey F. Addicott Mar 2015

American Punitive Damages Vs. Compensatory Damages In Promoting Enforcement In Democratic Nations Of Civil Judgements To Deter State-Sponsors Of Terrorism, Jeffrey F. Addicott

University of Massachusetts Law Review

Unfortunately, while the United States has established several legal avenues for civil litigation by private citizens of terror attacks against States that sponsor terrorism, a major stumbling block in terms of effectiveness rests in the reality that fellow democratic nations in the international community refuse to honor or domesticate the monetary judgments of American courts. Acknowledging that there are a plethora of political and legal obstacles associated with establishing a workable mechanism for fellow democracies to enforce the “terror” judgments of American courts, one reason that is often raised by critics is the strong objection to the matter of American …


"The Long And Winding Road": Reflections On America's War(S) On Terrorism And Counterterrorism Efforts Post 9/11, Francis J. Larkin Mar 2015

"The Long And Winding Road": Reflections On America's War(S) On Terrorism And Counterterrorism Efforts Post 9/11, Francis J. Larkin

University of Massachusetts Law Review

September 11, 2001 was surely evil incarnate. But out of the shadows and embers of such devilish devastation, going forward, for society to “endure”‖, let alone “prevail”, a “lasting good” must emerge; an enduring immutable and sustainable commitment to peace and non-violence. And, of course, any “lasting good”‖, however utopian or pragmatic would surely require destruction and eradication of terrorism in all of its diverse incarnations; the eradication and destruction of the machinery of terrorism wherever it is found. Long range, it must be the goal, aspiration and belief that out of the seeds and memory of 9/11 there might …


Consideraciones Jurídicas En Torno A La Regulación Y Defensa Del Derecho De Vía, En El Marco De Las Concesiones Viales En El Perú, Carlos Zecenarro Mar 2015

Consideraciones Jurídicas En Torno A La Regulación Y Defensa Del Derecho De Vía, En El Marco De Las Concesiones Viales En El Perú, Carlos Zecenarro

czecenarro@gmail.com

No abstract provided.


Civil Or Criminal?: Deciding Whether A Law May Be Applied Retrospectively Yet Constitutionally In Missouri. State V. Wade, Timothy M. Guntli Jan 2015

Civil Or Criminal?: Deciding Whether A Law May Be Applied Retrospectively Yet Constitutionally In Missouri. State V. Wade, Timothy M. Guntli

Missouri Law Review

This Note begins by discussing the facts and holding of Wade. Next, this Note examines generally the legal background and history of bans on ex post facto laws and on laws retrospective in their operation in Missouri. Then, this Note explains recent precedent regarding such bans, particularly in the context of sex offender registration statutes. After the discussion of precedent, this Note explores the analyses of the majority, concurring, and dissenting opinions in Wade. Finally, this Note concludes with a critique of these analyses in the instant decision and contemplates the future effects of the court’s decision.


Coitus And Consequences In The Legal System: An Experimental Study, Joni Hersch, Beverly Moran Jan 2015

Coitus And Consequences In The Legal System: An Experimental Study, Joni Hersch, Beverly Moran

Vanderbilt Law School Faculty Publications

Scholars have found that men who physically harm their intimate partners receive less punishment than men who harm strangers. In other words, in the criminal setting, coitus has consequences. In particular, for female victims, the consequence is often a legal system that offers little or no protection. Until the experimental study presented here, no one has asked whether the same is true in civil actions. This original experimental survey, fielded on eight hundred participants, provides the first-ever evidence on whether legal decision makers hold sexual activity against females in civil settings. Participants received four scenarios- a homicide, a workplace sexual …


The Impact Of Section 18c And Other Civil Anti-Vilification Laws In Australia, Luke J. Mcnamara, Katharine Gelber Jan 2015

The Impact Of Section 18c And Other Civil Anti-Vilification Laws In Australia, Luke J. Mcnamara, Katharine Gelber

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper reports on the findings of a large scale study of the impact of anti-vilification (or ‘hate speech’) laws,1 on public discourse in Australia over more than two decades.2 Its scope includes, but is not limited to s 18C of the Racial Discrimination Act 1975 (Cth). We investigated the ways in which legislation might have affected public discourse over time. Our task was methodologically challenging, for connecting changes in public discourse to the introduction or enforcement of hate speech laws is fraught with difficulty. We triangulated data from a range of primary and secondary sources, to investigate the relationship …


Nuclear Power And Civil Liberties, Brian Martin Jan 2015

Nuclear Power And Civil Liberties, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Nuclear power is an energy source but it also has implications for civil liberties such as freedom of speech and assembly. Because nuclear power is centralised, expensive and potentially dangerous, it is a potential target for terrorists. It also increases the risk of nuclear proliferation. Preventing these possibilities means cutting back on civil liberties. The result: nuclear power is not a suitable power source for a free society. Energy systems are concerned with energy, of course, but they also have other implications, for example for the environment and investment policy. One of the important but little-discussed impacts of energy systems …