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4,199 full-text articles. Page 84 of 146.

Jackson V. Groenendyke, 132 Nev., Adv. Op. 409 (April 7, 2016), Kory Koerperich 2016 Nevada Law Journal

Jackson V. Groenendyke, 132 Nev., Adv. Op. 409 (April 7, 2016), Kory Koerperich

Nevada Supreme Court Summaries

The court determined that (1) a district court may consider supplements to a party’s timely filed exceptions to a water rights determination; and (2) the district court’s determination of water rights was supported by substantial evidence.


Poremba V. S. Nev. Paving; And S&C Claims Servs., Inc. 132 Nev. Ad. Op. 24 (April 7, 2016), Baylie Hellman 2016 Nevada Law Journal

Poremba V. S. Nev. Paving; And S&C Claims Servs., Inc. 132 Nev. Ad. Op. 24 (April 7, 2016), Baylie Hellman

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order. The Court clarified that medical treatment is not the only expense on which a workers’ compensation claimant is permitted to exhaust his or her settlement funds. Reversed and remanded with instructions.


Hunter V. Gang, 132 Nev. Adv. Op. 22 (April 7, 2016), Brandonn Grossman 2016 Nevada Law Journal

Hunter V. Gang, 132 Nev. Adv. Op. 22 (April 7, 2016), Brandonn Grossman

Nevada Supreme Court Summaries

The Nevada Court of Appeals considered a consolidated appeal from a final district court order dismissing appellant’s complaint with prejudice for a want of prosecution and a post judgment order awarding attorney fees and costs. The Court of Appeals determined the district court abused its discretion in dismissing the action without prejudice, reversed the district court’s dismissal, vacated its award of fees and costs, and remanded.


Yes To Infill, No To Nuisance, Michael Lewyn 2016 Touro Law Center

Yes To Infill, No To Nuisance, Michael Lewyn

Fordham Urban Law Journal

No abstract provided.


Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray 2016 Touro Law School

Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray

Touro Law Review

No abstract provided.


The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-McLaughlin 2016 Touro University Jacob D. Fuchsberg Law Center

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams 2016 Touro University Jacob D. Fuchsberg Law Center

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Fred Brewington 2016 Touro University Jacob D. Fuchsberg Law Center

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.


Criminal Prosecution And Section 1983, Barry C. Scheck 2016 Touro University Jacob D. Fuchsberg Law Center

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky 2016 Touro University Jacob D. Fuchsberg Law Center

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Qualified Immunity When Facts Are In Dispute, Leon Friedman 2016 Touro University Jacob D. Fuchsberg Law Center

Qualified Immunity When Facts Are In Dispute, Leon Friedman

Touro Law Review

No abstract provided.


Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles 2016 Touro University Jacob D. Fuchsberg Law Center

Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles

Touro Law Review

No abstract provided.


Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass 2016 Touro University Jacob D. Fuchsberg Law Center

Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass

Touro Law Review

No abstract provided.


Redefining The Rico Statute: Potential Avenues For Improvement, David Scouten 2016 Liberty University

Redefining The Rico Statute: Potential Avenues For Improvement, David Scouten

Senior Honors Theses

The civil application of the Racketeering Influenced and Corrupt Organizations Act (RICO) has been misapplied by the lower courts, but the statute can be improved by incorporating elements that will make the statute a better tool for justice. It is evident from examining the procedural limitations of the statute and important case law that the securities fraud gap, terrorism financing, and difficulties for indirect victims are three critical subjects that need to be addressed by enhancing RICO. Flaws and shortcomings of the RICO statute have led to inconsistencies in court rulings. The expansive language of RICO can be limited to …


Class Warfare: Why Antitrust Class Actions Are Essential For Compensation And Deterrence, Robert H. Lande 2016 University of Baltimore School of Law

Class Warfare: Why Antitrust Class Actions Are Essential For Compensation And Deterrence, Robert H. Lande

All Faculty Scholarship

Recent empirical studies demonstrate five reasons why antitrust class action cases are essential: (1) class actions are virtually the only way for most victims of antitrust violations to receive compensation; (2) most successful class actions involve collusion that was anticompetitive; (3) class victims’ compensation has been modest, generally less than their damages; (4) class actions deter significant amounts of collusion and other anticompetitive behavior; and (5) anticompetitive collusion is underdeterred, a problem that would be exacerbated without class actions. Unfortunately, a number of court decisions have undermined class action cases, thus preventing much effective and important antitrust enforcement.


Juvenile Culpability And The Felony Murder Rule: Applying The Enmund Standard To Juveniles Facing Felony Murder Charges, Sterling Root 2016 Trinity College, Hartford Connecticut

Juvenile Culpability And The Felony Murder Rule: Applying The Enmund Standard To Juveniles Facing Felony Murder Charges, Sterling Root

Senior Theses and Projects

Over the past decade, the Supreme Court has issued decisions in numerous cases (Roper v. Simmons, Graham v. Florida, Miller v. Alabama, and Montgomery v. Louisiana) involving juvenile sentencing that have radically transformed our juvenile criminal justice system. While some of these cases did involve juveniles convicted of felony murder, the Supreme Court never directly addressed how to handle juvenile sentencing in felony murder cases. This leaves a gap in society’s understanding of juvenile felony murder sentencing that must be addressed. Otherwise, many juveniles that never intended, attempted, or wished that a life be taken might spend the rest of …


A ‘Plausible’ Outcome?: Twombly, Iqbal, And The Unforeseen Impact On Affirmative Defenses, Jennifer M. Auger 2016 University of Maryland Francis King Carey School of Law

A ‘Plausible’ Outcome?: Twombly, Iqbal, And The Unforeseen Impact On Affirmative Defenses, Jennifer M. Auger

Maryland Law Review

No abstract provided.


The Catholic Church On Separation And Civil Divorce, Eric F. MacKenzie, S.T.D., J.C.D. 2016 St. John's University School of Law

The Catholic Church On Separation And Civil Divorce, Eric F. Mackenzie, S.T.D., J.C.D.

The Catholic Lawyer

No abstract provided.


Newsroom: Can Court 'Restore Fundamental Liberties'? 03-23-2016, Sheldon Whitehouse, David A. Logan 2016 Roger Williams University School of Law

Newsroom: Can Court 'Restore Fundamental Liberties'? 03-23-2016, Sheldon Whitehouse, David A. Logan

Life of the Law School (1993- )

No abstract provided.


New Roles For Non-Lawyers To Increase Access To Justice, Richard Zorza, David Udell 2016 Self-Represented Litigation Network

New Roles For Non-Lawyers To Increase Access To Justice, Richard Zorza, David Udell

Fordham Urban Law Journal

No abstract provided.


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