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Articles 1 - 8 of 8

Full-Text Articles in Legal History

Panelist, Unexplored Terrain: Companies, Trade Associations And Risk, Kent Greenfield Sep 2010

Panelist, Unexplored Terrain: Companies, Trade Associations And Risk, Kent Greenfield

Kent Greenfield

No abstract provided.


The Doma Supreme Court Question: Do The Conservatives Really Care About States' Rights?, Kent Greenfield Jul 2010

The Doma Supreme Court Question: Do The Conservatives Really Care About States' Rights?, Kent Greenfield

Kent Greenfield

No abstract provided.


Here's A Scary Thought: Anthony Kennedy Is Now The Leader Of The Court's "Liberal" Wing, Kent Greenfield Apr 2010

Here's A Scary Thought: Anthony Kennedy Is Now The Leader Of The Court's "Liberal" Wing, Kent Greenfield

Kent Greenfield

No abstract provided.


A Campaign Funding Mess, Kent Greenfield Jan 2010

A Campaign Funding Mess, Kent Greenfield

Kent Greenfield

No abstract provided.


A Way Out Of The Citizens United Mess?, Kent Greenfield Jan 2010

A Way Out Of The Citizens United Mess?, Kent Greenfield

Kent Greenfield

No abstract provided.


Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don R. Berthiaume Jan 2010

Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don R. Berthiaume

Don R Berthiaume

How can corporations provide “just the facts” — which are, in fact, not privileged — without waiving the attorney client privilege and work product protection? This article argues for an addition to the Federal Rules of Criminal Procedure based upon Rule 30(b)(6) of the Federal Rules of Civil Procedure, which allows civil litigants to issue a subpoena to an organization and cause them to “designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf … about information known or reasonably available to the organization.”[6] Why should we look to Fed. …


Pearson, Iqbal, And Procedural Judicial Activism, Goutam U. Jois Jan 2010

Pearson, Iqbal, And Procedural Judicial Activism, Goutam U. Jois

Goutam U Jois

In its most recent term, the Supreme Court decided Pearson v. Callahan and Ashcroft v. Iqbal, two cases that, even at this early date, can safely be called “game-changers.” What is fairly well known is that Iqbal and Pearson, on their own terms, will hurt civil rights plaintiffs. A point that has not been explored is how the interaction between Iqbal and Pearson will also hurt civil rights plaintiffs. First, the cases threaten to catch plaintiffs on the horns of a dilemma: Iqbal says, in effect, that greater detail is required to get allegations past the motion to dismiss stage. …


Black Tuesday And Graying The Legitimacy Line For Governmental Intervention: When Tomorrow Is Just A Future Yesterday, Donald J. Kochan Dec 2009

Black Tuesday And Graying The Legitimacy Line For Governmental Intervention: When Tomorrow Is Just A Future Yesterday, Donald J. Kochan

Donald J. Kochan

Black Tuesday in October 1929 marked a major crisis in American history. As we face current economic woes, it is appropriate to recall not only the event but also reflect on how it altered the legal landscape and the change it precipitated in the acceptance of governmental intervention into the marketplace. Perceived or real crises can cause us to dance between free markets and regulatory power. Much like the events of 1929, current financial concerns have led to new, unprecedented governmental intervention into the private sector. This Article seeks caution, on the basis of history, arguing that fear and crisis …