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Full-Text Articles in Other Law

Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman Feb 2015

Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman

Howard M Wasserman

Understanding the twin pleading cases of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal from the vantage point of only a few months (or even years) requires as much prediction as explanation. Early confusion is a product of the long-heralded link between substance and procedure. What we are seeing now may be less about Court-imposed changes to procedure as about changes to substantive law and a "mismatch " between new substance and the old procedure of the Federal Rules. Much of the current business of federal courts involves constitutional litigation under 42 U.S. C. §S 1983 and Bivens, a …


Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman Feb 2015

Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman

Howard M Wasserman

No abstract provided.


Structural Principles And Presidential Succession, Howard M. Wasserman Feb 2015

Structural Principles And Presidential Succession, Howard M. Wasserman

Howard M Wasserman

No abstract provided.


A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan Dec 2014

A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan

Donald J. Kochan

Our land use control system operates across a variety of multidimensional and dynamic categories. Learning to navigate within and between these categories requires an appreciation for their interconnected, dynamic, and textured components and an awareness of alternative mechanisms for achieving one’s land use control preferences and one’s desired ends. Whether seeking to minimize controls as a property owner or attempting to place controls on the land uses of another, one should take time to understand the full ecology of the system. This Article looks at four broad categories of control: (1) no controls, or the state of nature; (2) judicial …


Punitive Injunctions, Nirej S. Sekhon Oct 2014

Punitive Injunctions, Nirej S. Sekhon

Nirej Sekhon

No abstract provided.


The Deepwater Horizon Disaster Compensation Process As Corrective Justice: View From The Ground Up, Joan Flocks, James Davies Dec 2013

The Deepwater Horizon Disaster Compensation Process As Corrective Justice: View From The Ground Up, Joan Flocks, James Davies

Joan D. Flocks

No abstract provided.


The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan Dec 2013

The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan

Donald J. Kochan

This Article is a first-of-its-kind application of public choice theory to recently developing theories of virtue jurisprudence. Particularly, this Article focuses on not-yet-developed theories of aretaic (or virtue-centered) legislation. This Article speculates what the contours of such theories might be and analyzes the production of such legislation through a public choice lens. Any virtue jurisprudence theory as applied to legislation would likely demand that the proper ends of legislation be deemed as “the promotion of human flourishing” and the same would constitute the test by which we would determine the legitimacy of any legislation. As noble as virtuous behavior, virtuous …


Algunas Generalidades De Los Servicios Públicos Domiciliarios En Colombia, Daniel A. Monroy Jun 2013

Algunas Generalidades De Los Servicios Públicos Domiciliarios En Colombia, Daniel A. Monroy

Daniel A Monroy C

El presente documento recoge algunas ideas tomadas de manuales, conceptos, doctrina y jurisprudencia relacionada con los servicios públicos en Colombia, dirigidas a mostrar algunas generalidades relacionadas con su definición, tarifas, medición, defensa de usuarios, facturación, entre otros aspectos, con la única intención de guiar introductoriamente al lector en el área objeto del documento.


The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola May 2012

The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola

Abdullahi Saliu Ishola

This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or …


Child Labor In India, A Consumer’S Perspective: Identifying Causes, Acknowledging Realities, And Proposing Incentives For Improvement, Vanessa L. Deniro Esq. Jul 2010

Child Labor In India, A Consumer’S Perspective: Identifying Causes, Acknowledging Realities, And Proposing Incentives For Improvement, Vanessa L. Deniro Esq.

Vanessa L. De Niro

The exploitation of modern child labor in developing countries persists in part because of consumers like us. However, in light of increased global trade liberalization in developing countries and free market principles, cheap labor is what allows these nations to have a competitive edge in the global economy. With that said, a category of people that work longer hours for meager wages, absent unionization or labor protections, is an efficient means of production and justified by the economy of scales. Child laborers, exploited by employers competing in the global economy, are simply a product of laissez-fair economics, participating and contributing …