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2664 full-text articles. Page 1 of 82.

Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), Krystina Viernes 2017 Nevada Law Journal

Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), Krystina Viernes

Nevada Supreme Court Summaries

The Court considered whether a party may appeal a district court’s order granting an NRCP 60(b) motion to set aside a final judgment for fraud upon the court. The Court held the district court’s order interlocutory and may not be appealed until a final judgment is entered.The Court held that the district court was not barred from considering the NRCP 60(b) motion and the district court did not abuse its discretion in granting relief based on fraud upon the court.


The Cure Is Worse: First Circuit Circumvents False Claims Act's First-To-File Rule In United States Ex Rel. Gadbois V. Pharmerica Corp., Daniel Sorger 2017 Boston College Law School

The Cure Is Worse: First Circuit Circumvents False Claims Act's First-To-File Rule In United States Ex Rel. Gadbois V. Pharmerica Corp., Daniel Sorger

Boston College Law Review

In 2015, in United States ex rel. Gadbois v. PharMerica Corp., the U.S. Court of Appeals for the First Circuit held that a qui tam relator could use supplementation to cure a jurisdictional first-to-file defect in a False Claims Act (“FCA”) action. In contrast, in 2010, the U.S. Court of Appeals for the Seventh Circuit in United States ex rel. Chovanec v. Apria Healthcare Group, Inc. held that relators barred by first-to-file must face dismissal without prejudice and then refile if they are to proceed. Separately, in 2015, the U.S. Court of Appeals for the D.C ...


Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon 2017 Barry University School of Law

Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon

Barry Law Review

No abstract provided.


Importancia De Los Plenos Casatorios En Materia De Derechos Reales, Julio Eduardo Pozo Sánchez 2017 Universidad Nacional Mayor de San Marcos

Importancia De Los Plenos Casatorios En Materia De Derechos Reales, Julio Eduardo Pozo Sánchez

Julio Eduardo Pozo Sánchez

Seis de los nueve Plenos Casatorios celebrados hasta la fecha han abordado, desde alguna arista en particular, temas que le competen a los Derechos Reales.
Veamos de qué tratan.


Civil Law Pulsations Along The Latin American Periphery, Ángel R. Oquendo 2017 University of Miami Law School

Civil Law Pulsations Along The Latin American Periphery, Ángel R. Oquendo

University of Miami Inter-American Law Review

The civil law system shows its true face as it travels from the Continental European core to the Latin American periphery. Many of the principal institutions have found a home and thrived in the new and radically different environment. One can best study them there by contemplating how they have preserved some of their most basic features despite having transformed themselves into something else.

The notion of the civil law tradition and that of codification have themselves undergone this dialectic of transformation and preservation. So have the traditional approach to contractual interpretation and to third-party agreements and the common proscriptions ...


El Haz Y El Envés Del Ix Pleno Casatorio Civil, Fort Ninamancco Córdova 2017 Universidad Nacional Mayor de San Marcos

El Haz Y El Envés Del Ix Pleno Casatorio Civil, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.


Changing Soviet Attitudes Toward International Law: An Incorporative Approach, R. Judson Mitchell, Alan T. Leonhard 2017 University of New Orleans

Changing Soviet Attitudes Toward International Law: An Incorporative Approach, R. Judson Mitchell, Alan T. Leonhard

Georgia Journal of International & Comparative Law

No abstract provided.


Trending @ Rwu Law: David Logan's Post: Reliving The Civil Rights Movement With Rep. John Lewis 1-17-2017, David Logan 2017 Roger Williams University School of Law

Trending @ Rwu Law: David Logan's Post: Reliving The Civil Rights Movement With Rep. John Lewis 1-17-2017, David Logan

Law School Blogs

No abstract provided.


Rwu First Amendment Blog: David Logan's Blog: Moguls And The Media 1-2-2017, David A. Logan, Roger Williams University 2017 Roger Williams University School of Law

Rwu First Amendment Blog: David Logan's Blog: Moguls And The Media 1-2-2017, David A. Logan, Roger Williams University

Law School Blogs

No abstract provided.


Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya 2017 Mzumbe University

Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya

Dignity: A Journal on Sexual Exploitation and Violence

Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and ...


Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen Shanahan 2016 University of Tulsa College of Law

Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen Shanahan

Anna E. Carpenter

Nonlawyer advocates are one proposed solution to the access to justice crisis and are currently permitted to practice in some civil justice settings. Theory and research suggest nonlawyers might be effective in some civil justice settings, yet we know very little, empirically, about nonlawyer practice in the United States. Using data from more than 5,000 unemployment insurance appeal hearings and interviews with lawyers and nonlawyers, this article explores how both types of representatives learn to do their work and what this means for their effectiveness. Building on recent research regarding the importance of procedural knowledge and relational expertise as ...


Breves Comentarios A Las Recientes Modificaciones Al Código De Protección Y Defensa Del Consumidor, Carlos Tamani 2016 National University of San Marcos-Perú

Breves Comentarios A Las Recientes Modificaciones Al Código De Protección Y Defensa Del Consumidor, Carlos Tamani

Carlos Tamani

No abstract provided.


Prescripción Contra El Estado Y Accesión.Pdf, Alan A. Pasco Arauco 2016 Universidad San Marcos

Prescripción Contra El Estado Y Accesión.Pdf, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


La Actuación Del Propietario. Análisis Del Animus Domini, Enrique Varsi Dr. 2016 Universidad de Lima, Perú

La Actuación Del Propietario. Análisis Del Animus Domini, Enrique Varsi Dr.

Enrique Varsi Rospigliosi

Animus domini es la voluntad de dominio. El elemento objetivo corpus es entendido como el poder de disposición física (tener la cosa), el elemento subjetivo animus domini es el sentirse, y animus rem sibi habendi, es la intención de tener una cosa como propia, ejercer el dominio.


Dashboard Compliance: Benefit, Threat, Or Both?, James Fanto 2016 Brooklyn Law School

Dashboard Compliance: Benefit, Threat, Or Both?, James Fanto

Brooklyn Journal of Corporate, Financial & Commercial Law

This Article poses the basic question that is reflected in its title and that was the subject of the conference where the Article was initially presented: whether technology poses any threats to the mission of compliance and the position of compliance officers, whether it is just another useful tool for them, or whether it is something of both. It begins by explaining the origin of compliance in broker-dealers and investment advisers and its important current position in those firms. It then discusses why compliance officers have always been drawn to technology, particularly to keep up with the business sides of ...


The Question Concerning Technology In Compliance, Sean J. Griffith 2016 Brooklyn Law School

The Question Concerning Technology In Compliance, Sean J. Griffith

Brooklyn Journal of Corporate, Financial & Commercial Law

In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.


Like A Bad Neighbor; Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon 2016 Brooklyn Law School

Like A Bad Neighbor; Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon

Brooklyn Journal of Corporate, Financial & Commercial Law

Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information; the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches; based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp.; is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation; causing the FTC to step in and fill the void in regulation. In the absence of congressional ...


The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi 2016 Brooklyn Law School

The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi

Brooklyn Journal of Corporate, Financial & Commercial Law

The Securities and Exchange Commission (SEC) plays an extremely important role within the securities industry—it oversees the financial markets, protects consumers, and maintains market efficiency. One of the most important (and recently one of most criticized) responsibilities of the SEC is its duty to enforce the securities laws and punish violators. During the past two decades, and especially after the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the SEC’s Division of Enforcement has grown substantially and has utilized administrative enforcement proceedings at an increasing rate. However; this utilization has been occurring without ...


Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber 2016 Brooklyn Law School

Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber

Brooklyn Journal of Corporate, Financial & Commercial Law

Historically, bankruptcy attorneys received the short end of the stick and were paid less for their services than attorneys in other fields of law. With the Bankruptcy Reform Act of 1978, Congress attempted to reduce the discrepancy in compensation. However, after the Supreme Court’s decision in Baker Botts v. ASARCO; L.L.C., the playing field remains unequal for bankruptcy attorneys. Following this decision, if a debtor disputes their attorney’s fee application, attorneys are at a disadvantage and cannot recover fees for defending their fee application. As a result, bankruptcy attorneys take an effective pay cut if they ...


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