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2,017 full-text articles. Page 1 of 35.

Jurisdiction, Choice Of Law And Property, Daniel M. Klerman 2014 BLR

Jurisdiction, Choice Of Law And Property, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

Jurisdiction and choice of law in property disputes has been remarkably stable. The situs rule, which requires adjudication where the property is located and application of that state’s law, remains the norm in most of the world. This article is the first to apply modern economic analysis to choice of law and jurisdiction in property disputes. It largely confirms the wisdom of the situs rule, but suggests some situations where other rules may be superior. For example, in disputes about stolen art, the state where the work was last undisputedly owned may be both the most efficient forum and ...


The Practical Challenges Of Litigating And Trying A Claim For Attorney Fees To A Jury In Minnesota: Providing Minnesota’S District Court Judges, Lawyers, And Litigants The Guidance And Predictability They Need, S. Jamal Faleel 2014 Hamline University

The Practical Challenges Of Litigating And Trying A Claim For Attorney Fees To A Jury In Minnesota: Providing Minnesota’S District Court Judges, Lawyers, And Litigants The Guidance And Predictability They Need, S. Jamal Faleel

Hamline Law Review

abstract


The Reasoning Behind A "Good Reason" Standard: The Seventh Circuit's Analysis Of Successor Liability In Teed V. Thomas & Betts Power Solutions, L.L.C., James Long 2014 Boston College Law School

The Reasoning Behind A "Good Reason" Standard: The Seventh Circuit's Analysis Of Successor Liability In Teed V. Thomas & Betts Power Solutions, L.L.C., James Long

Boston College Law Review

On January 9, 2013, the U.S. Court of Appeals for the Seventh Circuit held in Teed v. Thomas & Betts Power Solutions, L.L.C. that a federal common law standard for successor liability applies to claims arising under the Fair Labor Standards Act. In doing so, the court established a new, broader standard for successor liability that applies to any claim arising from an employer’s violation of a federal labor or employment statute. This Comment argues that, although the court properly recognized congressional policies favoring employee protection, the new standard goes too far in liberalizing the successor liability ...


Rethinking Personal Jurisdiction, Daniel M. Klerman 2014 BLR

Rethinking Personal Jurisdiction, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

This article sets out a pragmatic justification for the main features of current personal jurisdiction doctrine. According to that justification, personal jurisdiction rules minimize litigation costs and bias. This approach to personal jurisdiction helps resolve difficult and open jurisdictional issues, such as the scope of general jurisdiction and the validity of jurisdiction based on the stream-of-commerce theory. This article then explores the empirical assumptions underlying this pragmatic explanation for current doctrine and shows how doctrine should change if those empirical assumptions were incorrect. For example, the Supreme Court’s “purposeful availment” requirement is justified only if the danger of bias ...


Inferences From Litigated Cases, Daniel M. Klerman, Yoon-Ho Alex Lee 2014 BLR

Inferences From Litigated Cases, Daniel M. Klerman, Yoon-Ho Alex Lee

University of Southern California Legal Studies Working Paper Series

Priest and Klein (1984) argued that, because of selection effects, the percentage of litigated cases won by plaintiffs will not vary with the legal standard. Many researchers thereafter concluded that one could not make valid inferences about the character of the law from the percentage of cases plaintiffs won, nor could one measure legal change by observing changes in that percentage. This article argues that, even taking selection effects into account, one may be able to make valid inferences from the percentage of plaintiff trial victories. First, it analyzes selection effects under asymmetric information models. It shows that, under a ...


Don’T Dissolve The “Nerve Center”: A Status-Linked Citizenship Test For Principal Place Of Business, Caitlin Sawyer 2014 Boston College Law School

Don’T Dissolve The “Nerve Center”: A Status-Linked Citizenship Test For Principal Place Of Business, Caitlin Sawyer

Boston College Law Review

28 U.S.C. § 1332 requires complete diversity among parties to invoke a federal court’s jurisdiction. The statute provides that a corporation is a citizen of its incorporating state and its principal place of business. In the 2010 case Hertz Corp. v. Friend, the U.S. Supreme Court adopted the “nerve center” test as the exclusive test for determining a corporation’s principal place of business. Although the Court intended to adopt a simple standard, applying the rule to dissolved and inactive corporations remains complex. This Note argues for a status-linked nerve center test. This approach is consistent with ...


The Death Of Inference, Andrew S. Pollis 2014 Boston College Law School

The Death Of Inference, Andrew S. Pollis

Boston College Law Review

This Article examines a disturbing trend in civil litigation: the demise of the jury’s historic prerogative to draw inferences from circumstantial evidence. Judges have arrogated to themselves the power to dismiss cases if they find the proffered inferences factually implausible. They have increasingly dismissed cases under the “equal-inference rule” by finding the proffered inferences no more plausible than other available inferences. And they have severely limited the powerful inferences jurors can draw when they conclude that a witness has lied. Commentators have bemoaned the heightened-pleading standard of the 2007 and 2009 U.S. Supreme Court cases, Bell Atlantic Corp ...


A Cc-Pain: Abuse Of C.C.P. § 170.6 Peremptory Challenges, Erik Faussner 2014 Golden Gate University School of Law

A Cc-Pain: Abuse Of C.C.P. § 170.6 Peremptory Challenges, Erik Faussner

GGU Law Review Blog

No abstract provided.


Curtailing The First Amendment Protection To Discovery, Silvia Durri 2014 Touro College Jacob D. Fuchsberg Law Center

Curtailing The First Amendment Protection To Discovery, Silvia Durri

Touro Law Review

No abstract provided.


Determining The Location Of Injury For New York's Long Arm Statute In An Infringement Claim, Stefan Josephs 2014 Touro College Jacob D. Fuchsberg Law Center

Determining The Location Of Injury For New York's Long Arm Statute In An Infringement Claim, Stefan Josephs

Touro Law Review

No abstract provided.


Opening Remarks, Akhil Reed Amar 2014 College of William & Mary Law School

Opening Remarks, Akhil Reed Amar

William and Mary Law Review

No abstract provided.


Second-Order Diversity Revisited, Jeffrey Abramson 2014 College of William & Mary Law School

Second-Order Diversity Revisited, Jeffrey Abramson

William and Mary Law Review

No abstract provided.


The Jury As A Political Institution: An Internal Perspective, Robert P. Burns 2014 College of William & Mary Law School

The Jury As A Political Institution: An Internal Perspective, Robert P. Burns

William and Mary Law Review

In this Essay, I will briefly describe some of the more obvious ways in which the jury has been considered a political institution. I will then discuss the senses in which we can understand the term “political” in the context of the American jury trial. I will describe the senses in which Hannah Arendt, perhaps the most important political philosopher of the twentieth century, tried to distinguish between “the political” and the “the legal” and the limitations of any such distinction. I will then turn to the heart of this Essay, a description of the ways in which the American ...


Diversity And The Civil Jury, Christina S. Carbone, Victoria C. Plaut 2014 College of William & Mary Law School

Diversity And The Civil Jury, Christina S. Carbone, Victoria C. Plaut

William and Mary Law Review

No abstract provided.


Embedded Experts On Real Juries: A Delicate Balance, Shari Seidman Diamond, Mary R. Rose, Beth Murphy 2014 College of William & Mary Law School

Embedded Experts On Real Juries: A Delicate Balance, Shari Seidman Diamond, Mary R. Rose, Beth Murphy

William and Mary Law Review

“Experts” appear in the modern American courtroom on the jury as well as in the witness box, posing a dilemma for the legal system by offering a potentially valuable resource and an uncontrolled source of influence. Courts give ambiguous guidance to jurors on how they should handle their expertise in the deliberation room. On the one hand, jurors are told that they should “decide what the facts are from the evidence presented here in court.” By direct implication, then, jurors should not use outside information to evaluate the evidence. Jurors are also told, however, that they should “consider all of ...


What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans 2014 College of William & Mary Law School

What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans

William and Mary Law Review

No abstract provided.


An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar 2014 College of William & Mary Law School

An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar

William and Mary Law Review

No abstract provided.


The Jury And Participatory Democracy, Alexandra D. Lahav 2014 College of William & Mary Law School

The Jury And Participatory Democracy, Alexandra D. Lahav

William and Mary Law Review

No abstract provided.


Juries As Regulators Of Last Resort, Stephan Landsman 2014 College of William & Mary Law School

Juries As Regulators Of Last Resort, Stephan Landsman

William and Mary Law Review

No abstract provided.


Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet 2014 College of William & Mary Law School

Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet

William and Mary Law Review

This Essay argues that because jurors exercise state authority with wide discretion over the legal and practical interests of other citizens, and because citizens repose trust and remain vulnerable to jury and juror decisions, juries and jurors share important similarities with traditional fiduciary actors such as doctors, lawyers, and corporate directors and boards. The paradigmatic fiduciary duties—those of loyalty and care—therefore provide useful benchmarks for evaluating and guiding jurors in their decisionmaking role. A sui generis public fiduciary duty of deliberative engagement also has applications in considering the obligations of jurors. This framework confirms much of what we ...


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