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Bd. Of Review V. Second Judicial Dist. Court, 133 Nev. Adv. Op. 35 (June 22, 2017), Skyler Sullivan 2017 Nevada Law Journal

Bd. Of Review V. Second Judicial Dist. Court, 133 Nev. Adv. Op. 35 (June 22, 2017), Skyler Sullivan

Nevada Supreme Court Summaries

Naming all relevant parties as defendants, pursuant to NRS 612.530(1), is a mandatory jurisdictional requirement. Failure to follow this statutory requirement deprives the district court of its jurisdiction to hear a petition for judicial review.


Volume 4 Issue 2 (Complete Spring 2017), DAVID J.. Cook, Zachary Bolitho, Evan Wright, George Steven Swan, Cynthia Brown 2017 david cook

Volume 4 Issue 2 (Complete Spring 2017), David J.. Cook, Zachary Bolitho, Evan Wright, George Steven Swan, Cynthia Brown

Lincoln Memorial University Law Review

A complete version of LMU Law Review Volume Issue 2 for Spring 2017.


Policy Preference: An Unreasonable Means To Advance Moot Claims Under The Endangered Species Act, Molly McGrath 2017 Boston College Law School

Policy Preference: An Unreasonable Means To Advance Moot Claims Under The Endangered Species Act, Molly Mcgrath

Boston College Environmental Affairs Law Review

Citizen plaintiffs play a vital role in the enforcement of the Endangered Species Act (“ESA”). In Strahan v. Roughead, the United States District Court for the District of Massachusetts opened the possibility for expansion of a citizen’s ability to impose its own policy preference upon federal agencies working to comply with their statutory requirements under the ESA. Although the District Court properly denied the defendant’s motion to dismiss on the basis of mootness, it erred in its rationale. A plaintiff’s claim under the ESA may survive a mootness challenge, even after the violating agency has reinitiated consultation ...


Procedural Due Process Claims, Erwin Chemerinsky 2017 Selected Works

Procedural Due Process Claims, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky 2017 Selected Works

Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Punitive Damages Revisited: A Statistical Analysis Of How Federal Circuit Courts Decide The Constitutionality Of Such Awards, Hironari Momioka 2017 Hokkaido University of Education

Punitive Damages Revisited: A Statistical Analysis Of How Federal Circuit Courts Decide The Constitutionality Of Such Awards, Hironari Momioka

Cleveland State Law Review

Using data from punitive damages decisions of U.S. federal circuit courts from 2004 to 2012, this paper attempts to establish empirically the following: (1) there is no apparent statistical difference between the levels of jury and judge awards; (2) U.S. Supreme Court decisions such as Philip Morris (2007) or Exxon (2008) do not actually or substantially affect the level of punitive damage awards; (3) with regard to the cases involving remittitur, or reduction of awards, the Exxon decision did not radically affect the decreasing ratio of punitive to compensatory damage awards; (4) as the levels of compensatory awards ...


When Personal Becomes Profitable: Data Collection And The Complex Link Between Corporate And Government Surveillance And The Risk To Civil Liberties, Justin Gump 2017 Union College - Schenectady, NY

When Personal Becomes Profitable: Data Collection And The Complex Link Between Corporate And Government Surveillance And The Risk To Civil Liberties, Justin Gump

Honors Theses and Student Projects

Personal data represents a commodity of increasing interest to both the United States government and large corporations. While their reasons differ, the two powerful entities have worked together to radically expand the domestic surveillance activities in the U.S. As the government surreptitiously expanded its domestic surveillance under the guise of its “war on terror,” it quickly realized that the advanced technology and access to personal data held by many large corporations presented a valuable source of surveillance information. These companies, in turn, similarly saw an opportunity for revenue in both the sale of the data and large governmental contracts ...


Tropiezos En La Formación Del Contrato: Ruptura De Las Tratativas Y El Enfoque De La Responsabilidad Aplicable, Lucero Celeste Ramírez Izaguirre 2017 Selected Works

Tropiezos En La Formación Del Contrato: Ruptura De Las Tratativas Y El Enfoque De La Responsabilidad Aplicable, Lucero Celeste Ramírez Izaguirre

Lucero Celeste Ramírez Izaguirre

Los autores plantean que, en el caso materia de análisis, el sistema de responsabilidad civil aplicable era el de la responsabilidad civil extracontractual, debido a que la controversia surgió en la etapa de las tratativas o negociación. Para explicar la posición adoptada, luego de realizar el planteamiento del caso, analizan la fi gura jurídica del contrato, la fase del iter contractual, el daño en las tratativas, el sistema jurídico aplicable y las reglas procesales que debieron ser planteadas por el abogado de la demandante


El Carácter Relativo De La Presunción Mater Semper Certa Est En Los Supuestos De Maternidad Subrogada. A Propósito De Una Reciente Sentencia, Marco Andrei Torres Maldonado 2017 Universidad Nacional Mayor de San Marcos

El Carácter Relativo De La Presunción Mater Semper Certa Est En Los Supuestos De Maternidad Subrogada. A Propósito De Una Reciente Sentencia, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

Para el autor, el artículo 409 del Código Civil, el cual establece la presunción de maternidad, no debe ser considerado absoluto en la medida en que existen supuestos como en el caso de maternidad subrogada que superan la ficción jurídica establecida por el legislador. En ese sentido, afirma que el intérprete no debería guiarse por el hecho biológico del parto, pues al respecto entrarían consideraciones como el interés superior del menor frente a la conducta de los progenitores biológicos. Por ello, se expresa de acuerdo a la sentencia expedida por el Quinto Juzgado Especializado en lo Constitucional de la Corte ...


Klabacka V. Nelson, 133 Nev. Adv. Op. 24 (May 25, 2017), Christopher Kelly 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Klabacka V. Nelson, 133 Nev. Adv. Op. 24 (May 25, 2017), Christopher Kelly

Nevada Supreme Court Summaries

The Court determined that (1) family courts have subject matter jurisdiction in divorce proceedings that involve issues otherwise outside the scope of family courts, (2) parol evidence may not be considered to determine party intent to form separate property agreements and self-settled spendthrift trusts where the written agreements are valid and unambiguous, (3) a court order equalizing assets between different spendthrift trusts is improper because the NRS protects against court orders that move assets from trusts and against moves that do not benefit trust beneficiaries, (4) spendthrift trusts may not be reached for payment of personal obligations not known at ...


Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman 2017 University of Oklahoma College of Law

Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman

Georgia State University Law Review

This article reviews the scientific theories and studies regarding induced seismicity, in addition to examining the current regulatory framework and litigation arising out of these seismic events. Lastly, it provides strategies to aid stakeholders and identifies challenges likely to arise in the future.

Part I of this Article provides a review of the geoscience theories regarding natural and induced seismicity. Part II reviews the current scientific literature regarding a possible relationship between certain oil and gas operations and induced seismicity. Part III reviews the existing regulatory structure addressing seismicity in affected states, including possible applicable environmental legislation. Part IV discusses ...


Forty-Eight States Are Probably Not Wrong: An Argument For Modernizing Georgia’S Legal Malpractice Statute Of Limitations, Ben Rosichan 2017 Georgia State University College of Law

Forty-Eight States Are Probably Not Wrong: An Argument For Modernizing Georgia’S Legal Malpractice Statute Of Limitations, Ben Rosichan

Georgia State University Law Review

The legal profession is largely self-regulated, and each state has a bar association charged with creating and enforcing basic standards of professionalism and competence for attorneys. Unfortunately, attorneys do not always adhere to these standards. In Georgia, the State Bar can address attorney misconduct through remedial measures up to and including disbarment. The State Bar cannot, however, compensate wronged clients through monetary damages.Thus, some wronged clients must resort to a lawsuit for legal malpractice where a financial recovery is necessary to make the client whole again.

The statute of limitations for legal malpractice claims should not be so restrictive ...


Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet 2017 Georgia State University College of Law

Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet

Georgia State University Law Review

As demonstrated in this Note, there is still a considerable way to go before women are no longer forced to choose between pregnancy and keeping their career. Allegations of pregnancy discrimination in the workplace are also on the rise.

In 1997, 4,000 plaintiffs filed complaints with the Equal Employment Opportunity Commission (EEOC). By 2011, that number rose to 5,800. The EEOC won significant damages in pregnancy discrimination cases, demonstrating a greater tendency towards discrimination in the workplace. Additionally, this rise in claims and awards caught the attention of the nation’s media, placing new emphasis on the treatment ...


Dueling Grants: Reimagining Cafa’S Jurisdictional Provisions, Tanya Pierce 2017 Texas A&M University School of Law

Dueling Grants: Reimagining Cafa’S Jurisdictional Provisions, Tanya Pierce

Georgia State University Law Review

More than a decade after Congress passed the Class Action Fairness Act of 2005 (CAFA), courts continue to disagree as to its application and meaning in a variety of situations, many of which have wide-ranging effects. This article considers a fundamental issue that arises after a certification decision is reached: whether a court’s subject matter jurisdiction under CAFA depends on a class being certified. Specifically, the article considers what happens when a federal court’s subject matter jurisdiction derives solely from CAFA’s minimal diversity jurisdiction provision and a request for class certification under Federal Rule of Civil Procedure ...


Real Rights Of Noncompetition: Louisiana Public Policy And The Civil Tradition, Alex Hotard 2017 Louisiana State University Law Center

Real Rights Of Noncompetition: Louisiana Public Policy And The Civil Tradition, Alex Hotard

Louisiana Law Review

The article focuses on the enforceability of real rights of noncompetition in Louisiana, and discusses background of Louisiana real rights and personal obligations; role of Louisiana courts in embracing certain real rights of noncompetition; and its impact on public policy.


The Pro Bono Collaborative Project Spotlight 05-23-2017, Roger Williams University School of Law 2017 Roger Williams University

The Pro Bono Collaborative Project Spotlight 05-23-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Personal Injury Law, Defense V. Plaintiff: A Return To Civility, Daniel Stiffler, Jamie Finizio Bascombe 2017 Nova Southeastern University

Personal Injury Law, Defense V. Plaintiff: A Return To Civility, Daniel Stiffler, Jamie Finizio Bascombe

Law Center Plus Seminar Series

This particular seminar is designed to educate attorneys on the importance of communicating and navigating a civil case while maintaining a level of professionalism, civility, and integrity to the profession, opposing party, and the court. Learning Outcomes include:

  1. How to maintain a level of civility while competently represent clients in civil cases in Florida
  2. Review standards of conduct in the context of a lawyer’s responsibility to perceive and protect the image of the profession

The Florida Bar CLE credits - General 2.0, Ethics 0.5 The Florida Bar Certification Credits - Civil Trial 2.0


Who Needs To Know? The Seventh Circuit Accepts Information Sent To Government As Publicly Disclosed In Cause Of Action V. Chicago Transit Authority, Kurtis Brown 2017 Boston College Law School

Who Needs To Know? The Seventh Circuit Accepts Information Sent To Government As Publicly Disclosed In Cause Of Action V. Chicago Transit Authority, Kurtis Brown

Boston College Law Review

On February 29, 2016, the United States Court of Appeals for the Seventh Circuit in Cause of Action v. Chicago Transit Authority held that information disclosed to a government official and acted upon by that official has been publicly disclosed, barring a qui tam action from being brought under the False Claims Act. Several other circuits, including the First, Fourth, and Sixth, in contrast, have all interpreted the public disclosure bar within the False Claims Act to require a disclosure of information beyond the government. This Comment argues that the majority of circuit courts have correctly interpreted the False Claims ...


Riding The Wave Or Drowning?: An Analysis Of Gender Bias And Twombly/Iqbal In Title Ix Accused Student Lawsuits, Bethany A. Corbin 2017 Wake Forest University School of Law

Riding The Wave Or Drowning?: An Analysis Of Gender Bias And Twombly/Iqbal In Title Ix Accused Student Lawsuits, Bethany A. Corbin

Fordham Law Review

This Article offers the first empirical analysis of dismissal trends in reverse Title IX cases and highlights that most courts erroneously dismiss these lawsuits at the 12(b)(6) stage. Through a misinterpretation of plausibility pleading, these courts hold that accused perpetrators have not shown causal evidence of discrimination at the outset of the lawsuit. This prodismissal approach, however, violates Swierkiewicz v. Sorema N.A.’s proclamation complaint. This Article proposes a more flexible causal pleading scheme that satisfies Twombly, Iqbal, and Swierkiewicz and ensures accused perpetrators receive their day in court. Alternatively, this Article argues for limited predismissal discovery ...


As A Matter Of Fact: Factual Methodology In Obergefell V. Hodges And Its Implications For Public Policy, Clint Hamilton 2017 Liberty University

As A Matter Of Fact: Factual Methodology In Obergefell V. Hodges And Its Implications For Public Policy, Clint Hamilton

The Kabod

What are the implications of the confusing decision the Supreme Court reached in Obergefell v. Hodges that challenged the definition of marriage as legal bond between a man and a woman. Much of this confusion has arisen because instead of following the usual factual methodology to reach this groundbreaking (and very controversial) decision, the Supreme Court used an abnormal pattern of fact-finding. The use of abnormal methodology resulted in many complicated and tumultuous policy questions at both the State and National levels of government. This paper investigates both the methodology that resulted in the Supreme Court’s decision and its ...


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