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Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin 2016 University of Maryland Francis King Carey School of Law

Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin

Faculty Scholarship

After seventy years of trying, the Supreme Court has yet to agree on whether the Rules Enabling Act articulates a one or two part standard for determining the validity of a Federal Rule. Is it enough that a Federal Rule regulates “practice and procedure,” or must it also not “abridge substantive rights”? The Enabling Act seems to require both, but the Court is not so sure, and the costs of its uncertainty are real. Among other things, litigants must guess whether the decision to apply a Federal Rule in a given case will depend upon predictable ritual, judicial power grab ...


Disclosure And The Incurious Attorneys, 2016 St. John's University School of Law

Disclosure And The Incurious Attorneys

The Catholic Lawyer

No abstract provided.


The Other Side Of The Rabbit Hole: Reconciling Recent Supreme Court Personal Jurisdiction Jurisprudence With Jurisdiction To Terminate Parental Rights, Joan M. Shaughnessy 2016 Washington and Lee University School of Law

The Other Side Of The Rabbit Hole: Reconciling Recent Supreme Court Personal Jurisdiction Jurisprudence With Jurisdiction To Terminate Parental Rights, Joan M. Shaughnessy

Joan M. Shaughnessy

This Essay contrasts the jurisdictional regime followed in termination of parental rights and other child custody cases with the regime that has dominated recent Supreme Court personal jurisdiction cases. Jurisdiction in child custody cases has long been based upon the connection of the child, not the defendant parent, to the jurisdiction. Recent Supreme Court cases, on the other hand, have focused nearly exclusively on the defendant’s connection to the forum state. This Essay argues that the Supreme Court cases betray a failure of the Court to provide a consistent constitutional justification for the jurisdictional limitations it has imposed. The ...


Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan 2016 Catholic University of America (Student)

Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan

Catholic University Journal of Law and Technology

No abstract provided.


When Loss Of Legal Custody Is Like An Indeterminate Prison Sentence: Ohio's Elimination Of Indigent Parents' Right To Court Appointed Counsel In Civil Custody Suits, Renee Brunett 2016 University of Cincinnati College of Law

When Loss Of Legal Custody Is Like An Indeterminate Prison Sentence: Ohio's Elimination Of Indigent Parents' Right To Court Appointed Counsel In Civil Custody Suits, Renee Brunett

University of Cincinnati Law Review

No abstract provided.


The Anti-Plaintiff Pending Amendments To The Federal Rules Of Civil Procedure And The Pro-Defendant Composition Of The Federal Rulemaking Committees, Patricia W. Moore 2016 St. Thomas University School of Law

The Anti-Plaintiff Pending Amendments To The Federal Rules Of Civil Procedure And The Pro-Defendant Composition Of The Federal Rulemaking Committees, Patricia W. Moore

University of Cincinnati Law Review

No abstract provided.


Newsroom: New York Times: Teitz On Touro Synagogue 5-16-2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: New York Times: Teitz On Touro Synagogue 5-16-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable, Shelley Himel 2016 University of Georgia School of Law

Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable, Shelley Himel

Georgia Journal of International & Comparative Law

No abstract provided.


English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye 2016 University of Ife Nigeria

English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn 2016 University of Georgia School of Law

Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


The Bp Oil Spill Settlements, Classwide Punitive Damages, And Societal Deterrence, Catherine M. Sharkey 2016 NYU School of Law

The Bp Oil Spill Settlements, Classwide Punitive Damages, And Societal Deterrence, Catherine M. Sharkey

New York University Law and Economics Working Papers

The BP oil spill litigation and subsequent settlements provide an opportunity to explore a novel societal economic deterrence rationale for classwide supra-compensatory damages. Judge Jack Weinstein was a pioneer in the field of punitive damages class certification. In In re Simon II, he certified a nationwide punitive-damages-only class in a multijurisdiction, multidefendant tobacco lawsuit. Using Judge Weinstein’s innovations in In re Simon II as an analytical lens, the Article evaluates the future prospects for classwide punitive damages claims.

Specifically, the Article considers how private litigants might adopt a societal damages approach in negotiating and achieving class action settlements. Class ...


Race And The Jury: How The Law Is Keeping Minorities Off The Jury, Stephanie Adamakos 2016 Washington University in St. Louis

Race And The Jury: How The Law Is Keeping Minorities Off The Jury, Stephanie Adamakos

Washington University Undergraduate Law Review

The modern jury focuses on three main ideas: impartiality, as laid out in the Sixth Amendment, jury of one’s peers, stemming from the Magna Carta, and a jury that represents a fair cross-section of the community. The cross-section idea has been developed by case law, but originates from the Sixth Amendment, under the belief that jury selection that does not systematically discriminate against members of the community and has a jury pool represents a cross-section of the community is likely to be impartial. Jurors are likely to draw upon their own experiences when deliberating, so having a variety of ...


Examining Universal Jurisdiction, Sondra Anton 2016 Washington University in St Louis

Examining Universal Jurisdiction, Sondra Anton

Washington University Undergraduate Law Review

This article considers the heightened debate over the role of universal jurisdiction within international law, and concludes it should not be judged based on the appropriateness or foundation set by remote precedents. Given the clear disregard for physical integrity rights repeatedly demonstrated by even the most “democratic” of modern governments, it is more pressing than ever to develop universal jurisdiction and ensure the norm’s institutionalization in practice.


Extrinsic Evidence In Patent Claim Interpretation: Understanding The Post-Markman Confusion, Karl Koster 2016 University of Georgia School of Law

Extrinsic Evidence In Patent Claim Interpretation: Understanding The Post-Markman Confusion, Karl Koster

Journal of Intellectual Property Law

No abstract provided.


The Problem Cases, 2016 St. John's University School of Law

The Problem Cases

The Catholic Lawyer

No abstract provided.


Statute Of Limitations, 2016 St. John's University School of Law

Statute Of Limitations

The Catholic Lawyer

No abstract provided.


Mcclendon V. Collins, 132 Nev. Adv. Op. 28 (April 21, 2016), Colton Loretz 2016 Nevada Law Journal

Mcclendon V. Collins, 132 Nev. Adv. Op. 28 (April 21, 2016), Colton Loretz

Nevada Supreme Court Summaries

The issue here is whether a witness originally designated as a testifying expert who is then later de-designated may be deposed or called to testify at trial by an opposing party. The Court held that after an expert report has been disclosed, a testifying expert witness cannot regain the confidentiality protections of NRCP 26(b)(4)(B) by being de-designated as a non-testifying expert. The Court reasoned that after an expert witness loses protection under the statute that it is at the discretion of the district court as to whether the expert may be deposed or called to testify at ...


When Bad Guys Are Wearing White Hats, Catherine A. Rogers 2016 Penn State Law

When Bad Guys Are Wearing White Hats, Catherine A. Rogers

Catherine Rogers

Allegations of ethical misconduct by lawyers have all but completely overshadowed the substantive claims in the Chevron case. While both sides have been accused of flagrant wrongdoing, the charges against plaintiffs’ counsel appear to have captured more headlines and garnered more attention. The primary reason why the focus seems lopsided is that plaintiffs’ counsel were presumed to be the ones wearing white hats in this epic drama. This essay postulates that this seeming irony is not simply an example of personal ethical lapse, but in part tied to larger reasons why ethical violations are an occupational hazard for plaintiffs’ counsel ...


Infant Compromise Orders In New York, Gerald Lebovits 2016 Columbia, Fordham & NYU Law Schools

Infant Compromise Orders In New York, Gerald Lebovits

Gerald Lebovits

This article discusses the law covering infant compromise orders in New York.


The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-McLaughlin 2016 Touro College 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.


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