Lillard Wise Szygenda pllc
Washington University School of Law
University of Southern Mississippi
Iowa State University
Louisiana State University Law Center
Pepperdine University School of Law
Brooklyn Law School
University of Central Florida
Contracting Away The First Amendment?: When Courts Should Intervene In Nondisclosure Agreements,
2020
William & Mary Law School
Contracting Away The First Amendment?: When Courts Should Intervene In Nondisclosure Agreements, Abigail Stephens
William & Mary Bill of Rights Journal
No abstract provided.
"The Most Eloquent Dissents:" Writ Writing At Parchman Penitentiary,
2020
William & Mary
"The Most Eloquent Dissents:" Writ Writing At Parchman Penitentiary, Aleyah Gowell
Undergraduate Honors Theses
This thesis evaluates the long history of self-advocacy on the part of incarcerated men at the Mississippi State Penitentiary at Parchman. Pro se prisoners at Parchman take to the courts to improve their conditions of confinement, defend their constitutional rights, and secure their freedom. Writ writers at the prison face pervasive obstacles and restrictions in their efforts to help themselves and their fellow prisoners, but they persist nonetheless.
Fmc Corp. V. Shoshone-Bannock Tribes,
2020
Alexander Blewett III School of Law at the University of Montana
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction ...
Petitioners' Reply Memorandum In Support Of Their Emergency Petetion For A Writ Of Habeas Corpus,
2020
Cleveland State University
Petitioners' Reply Memorandum In Support Of Their Emergency Petetion For A Writ Of Habeas Corpus, Joseph Mead, David J. Carey, Freda J. Levenson, David A. Singleton, Mark A. Vander Laan, Michael L. Zuckerman
Law Faculty Briefs
In the roughly 120 hours since Petitioners filed their emergency petition for a writ of habeas corpus, the death toll at Elkton has doubled, and the number of BOP-confirmed COVID-19 cases among prisoners has tripled. About three dozen corrections staff have tested positive for the virus, a number that has also tripled since this case was filed. Elkton now accounts for more than one-third of all prisoner deaths from COVID-19 in federal prisons nationwide, and over half of the COVID-19 deaths in Columbiana County, making it one of the deadliest places a person can live in the current pandemic. According ...
Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations,
2020
University of Maine School of Law
Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations, Charles A. Szypszak
Maine Law Review
The rules that make the federal courts available for the resolution of controversies between citizens of different states have often been described as placing an undue burden on the federal system. Congress has for the most part turned a deaf ear to calls by jurists and commentators for reform or even abolition of federal diversity jurisdiction, leaving the courts to struggle with difficult issues about the proper contours of the jurisdictional requirements. One recurring difficult issue is the manner in which citizenship is to be attributed to the investors who compose various business organizations. The general rule has been that ...
The Unmet Legal Needs Of The Poor In Maine: Is Mandatory Pro Bono The Answer?,
2020
University of Maine School of Law
The Unmet Legal Needs Of The Poor In Maine: Is Mandatory Pro Bono The Answer?, Wendy F. Rau
Maine Law Review
In 1989, the Maine Commission on Legal Needs was formed to study the civil legal needs of Maine's poor population and to develop a plan for meeting those needs. Similar projects have been undertaken in a number of other states and by the American Bar Association in recent years. Each study has revealed a significant unmet need among the poor for assistance with legal problems. There seems little doubt that the situation is serious and widespread. The difficulty lies in finding a solution. One proposal that has been advanced is mandatory pro bono, a program that would require attorneys ...
Vincent L. Mckusick And The Maine Rules Of Civil Procedure: A Thirty-Five Year Perspective,
2020
University of Maine School of Law
Vincent L. Mckusick And The Maine Rules Of Civil Procedure: A Thirty-Five Year Perspective, L. Kinvin Wroth
Maine Law Review
The Editorial Board and Staff of Volume 43 of the Maine Law Review enthusiastically dedicate this issue to Vincent L. McKusick, Chief Justice of the Maine Supreme Judicial Court. Chief Justice McKusick took the oath of office on September 16, 1977, having been appointed the previous month by Governor James B. Longley, and will retire on February 28, 1992. As the following tributes make clear, the contributions he has made to the betterment of state and national legal institutions during his tenure evidence the same qualities of integrity and excellence that have been the hallmarks of his long and distinguished ...
Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations,
2020
University of Maine School of Law
Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations, Charles A. Szypszak
Maine Law Review
The rules that make the federal courts available for the resolution of controversies between citizens of different states have often been described as placing an undue burden on the federal system. Congress has for the most part turned a deaf ear to calls by jurists and commentators for reform or even abolition of federal diversity jurisdiction, leaving the courts to struggle with difficult issues about the proper contours of the jurisdictional requirements. One recurring difficult issue is the manner in which citizenship is to be attributed to the investors who compose various business organizations. The general rule has been that ...
Some Limits On The Judicial Power To Restrict Dissemination Of Discovery,
2020
University of Maine School of Law
Some Limits On The Judicial Power To Restrict Dissemination Of Discovery, Thomas C. Bradley
Maine Law Review
The pretrial process of discovery governed by Federal and Maine Rule of Civil Procedure 26 enables plaintiffs in product liability actions to delve where few people have delved before—into a corporation's internal memoranda, competitive practices, and secret product or design information as well as other less sensitive information in a company's possession. Discovery, in this context as in others, is a powerful tool determined by the courts to be necessary for the just litigation of claims. As a balance to the leeway given parties to compel production of information in discovery, federal and Maine courts have the ...
A Case For Reforming The Anti-Money Laundering Regulatory Regime: How Financial Institutions’ Criminal Reporting Duties Have Created An Unfunded Private Police Force,
2020
Indiana University Maurer School of Law
A Case For Reforming The Anti-Money Laundering Regulatory Regime: How Financial Institutions’ Criminal Reporting Duties Have Created An Unfunded Private Police Force, Christopher Wilkes
Indiana Law Journal
Part I of this Note provides background information outlining the relevant BSA/AML laws that establish financial institutions’ affirmative duties to report financial crimes. Part II analyzes the contours of other laws that create mandatory criminal reporting obligations, including their extent, their underlying justifications, and how stringently government agencies enforce them. Part III demonstrates how financial institutions’ reporting duties are uniquely stringent and punitive compared to those imposed elsewhere in the law, and it questions the justifications of this policy. Lastly, Part IV of this Note argues that the BSA/AML regulatory regime could be reformed to reduce the costs ...
Emergency Petition For Writ Of Habeas Corpus, Injunctive, And Declaratory Relief - Class Action,
2020
Cleveland State University
Emergency Petition For Writ Of Habeas Corpus, Injunctive, And Declaratory Relief - Class Action, Joseph Mead, David J. Carey, Mark A. Vander Laan, Freda Levenson, David Singleton
Law Faculty Briefs
As a tragic combination of infectious and deadly, COVID-19 poses a once-in-a-lifetime threat on a worldwide scale. Every state and territory in the United States has now been impacted, with nearly half a million cases and over 20,000 deaths reported to the Centers for Disease Control and Prevention (CDC). Even under ordinary conditions, each person who contracts this illness can be expected to infect between 2 and 3 others.
Cramped, overcrowded prisons amplify this threat. With thousands of people literally stacked on top of each other and unable to move around without rubbing shoulders, such environments are fundamentally incompatible ...
Law School News: Rwu Law Professors File Emergency Covid-19 Lawsuit 04-12-2020,
2020
Roger Williams University School of Law
Law School News: Rwu Law Professors File Emergency Covid-19 Lawsuit 04-12-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Modern-Day Witch Hunts: How The Mental Health Industry Abuses Patients And The Judiciary While Committing Fraud,
2020
Northern Michigan University
Modern-Day Witch Hunts: How The Mental Health Industry Abuses Patients And The Judiciary While Committing Fraud, Joan L. Roberts Mrs.
Conspectus Borealis
No abstract provided.
Euthanasia Of The Coronavirus - Covid-19,
2020
The University of Southern Mississippi
Euthanasia Of The Coronavirus - Covid-19, Sheila P. Davis
Online Journal of Health Ethics
At the time of this editorial, COVID-19, aka the Novel Coronavirus, has wrecked havoc and left in its path of destruction, death, unemployment, the instability of nation’s economies, misery, uncertainty, despair, and a fear regarding what the new tomorrow will look like. And, perhaps more importantly, the question of who will be here tomorrow lingers. Now classified as a pandemic, this virus has resulted in over 1,381,014 cases worldwide with 78,269 deaths to date. Presently, Louisiana and Detroit are emerging as the next hot spots behind New York as the fastest rate of increase for COVID-19 ...
Victim V. Victim Restitution: The Commingling Fictions,
2020
University of Texas at Austin
Victim V. Victim Restitution: The Commingling Fictions, Andrew Kull
St. Mary's Law Journal
Abstract forthcoming.
Borrowing American Ideas To Improve Chinese Tort Law,
2020
St. Mary's University School of Law
Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang
St. Mary's Law Journal
As China develops its modern jurisprudence it faces a choice between emulating the legal frameworks of civil law countries or common law countries. Thus far, the civil law path has allowed for a rapid expansion of Chinese tort law, but jurists have found difficulty in applying such generalized statutory schemes with the absence of supporting judicial interpretation. Cognizant of the differences between the public policy of common law countries and China, Vincent Johnson’s Mastering Torts (Měiguó Qīnquán Fǎ) provides this guidance through the lens of American tort law. The hornbook takes care to simplify the role of judicial opinion ...
Reynolds V. Tufenkjian, 136 Nev. Adv. Op. 19 (Apr. 9, 2020),
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
Reynolds V. Tufenkjian, 136 Nev. Adv. Op. 19 (Apr. 9, 2020), Brittni Tanenbaum
Nevada Supreme Court Summaries
The Court considered whether a party who purchased a judgment debtor’s rights of action could motion the Court to substitute themselves in as the real party in interest and dismiss the appeal. The Court held that only “things in action” that are otherwise assignable may be subject to execution to satisfy a judgment. The Court concluded that tort claims for personal injury—including fraud/intentional misrepresentation and elder exploitation—are generally not assignable. The Court further concluded that tort claims for injury to property and contract-based claims, unless the claims are personal in nature, are generally assignable. Therefore, the ...
Cummings V. Barber, 136 Nev. Adv. Op. 18 (April 2, 2020),
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
Cummings V. Barber, 136 Nev. Adv. Op. 18 (April 2, 2020), Alexis Taitel
Nevada Supreme Court Summaries
No abstract provided.
Jaramillo V. Ramos, 136 Nev. Adv. Op. 17 (Apr. 2, 2020),
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
Jaramillo V. Ramos, 136 Nev. Adv. Op. 17 (Apr. 2, 2020), Jose Tafoya
Nevada Supreme Court Summaries
The Court found a plaintiff is not required to provide expert testimony to survive a defendant’s summary judgment motion when the plaintiff is relying on the res ipsa loquitur statute’s prima facie case of negligence. Rather, plaintiff must only establish facts that entitle it to a rebuttable presumption of negligence under Nevada’s res ipsa loquitur statute. Whether a defendant can rebut the presumption through their own expert testimony or evidence is a question of fact for the jury.
In Re Raggio Family Trust, 136 Nev. Ad. Op. 21 (Apr. 9, 2020),
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
In Re Raggio Family Trust, 136 Nev. Ad. Op. 21 (Apr. 9, 2020), Aariel Williams
Nevada Supreme Court Summaries
The Court determined that neither the language in the trust instrument nor NRS 163.4175 requires the trustee to consider the beneficiary’s other assets before making distributions from the trust.
