Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), 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.
Jury Deliberation, 2017 firstname.lastname@example.org
Jury Deliberation, Giuliana Pietrantoni
The Review: A Journal of Undergraduate Student Research
Juries are tasked with the duty of deliberating and applying the law to the case at hand. But it is unclear whether juries deliberate or deliberate well enough. Factors which may affect jury deliberation are the motivation of jurors, characteristics of jurors, emotions during and after trial, bargaining, charges, and dissenters. This paper argues that jurors do engage in rigorous dialogue which eventually results in compromises, although whether this creates an unjust verdict is unclear.
No Chance At Immunity: Examining The Possibility Of Immunity Provisions For Drug Crimes In The Criminal Code, Benjamin D. Schnell
Western Journal of Legal Studies
Many members of the public fear crimes committed by strangers despite statistics showing greater danger from friends, acquaintances, and relatives. Since this fear is rooted in the fear of the unknown, some people prefer to fall victim to white-collar crimes as opposed to street crimes. Since most white-collar crimes require gaining the victim’s trust, many are committed by people that know the victim. Moreover, the traditional view of white-collar criminals as people of high respectability and social class drastically influences our perception of crime and can lead to significant societal implications.
In Canada, this traditional view of white-collar criminals ...
A Modern Look At The Right To A Civil Jury Trial Under The Maine Constitution, 2017 University of Maine School of Law
A Modern Look At The Right To A Civil Jury Trial Under The Maine Constitution, Carolyn A. Liegner
Maine Law Review
The right to a civil jury trial is a cornerstone of the American legal system. The Maine Constitution promises an even broader right to a civil jury trial than is offered by the federal Constitution and many other states. Article I, Section 20 states: “In all civil suits, and in all controversies concerning property, the parties shall have a right to a trial by jury, except in cases where it has heretofore been otherwise practiced.” The exception in the provision has been the subject of multiple interpretations by the Maine Supreme Judicial Court, sitting as the Law Court, since the ...
The Difficulties Of Encouraging Cooperation In A Zero-Sum Game, 2017 University of Maine School of Law
The Difficulties Of Encouraging Cooperation In A Zero-Sum Game, Jacob R. Kreutzer
Maine Law Review
The Federal Rules of Civil Procedure generally provide only the “rules of the road” on which litigation is conducted. However, in some areas the Rules step outside of this role and attempt to overtly encourage cooperation. One such rule is Rule 68, which allows a defendant to make an offer of judgment to the plaintiff, and provides that if the plaintiff refuses and subsequently wins less money than the defendant offered, the plaintiff must cover the defendant’s costs. Rule 68 was launched into prominence when the Supreme Court ruled, in Marek v. Chesney that a Rule 68 offer could ...
Third Circuit Confirms The Class Arbitration "Clear And Unmistakable" Standard In Chesapeake Appalachia, Llc V. Scout Petroleum, Llc, Dealing A Blow To Consumers And Employees, 2017 Boston College Law School
Third Circuit Confirms The Class Arbitration "Clear And Unmistakable" Standard In Chesapeake Appalachia, Llc V. Scout Petroleum, Llc, Dealing A Blow To Consumers And Employees, Caitlin Toto
Boston College Law Review
Whether class action is available in an arbitration proceeding is a highly controversial topic with implications for all parties bound by such clauses. Due to the high stakes of class action arbitrability, it is essential that a neutral decisionmaker determine this question. Whether this decisionmaker is the court or the arbitrator, however, is contested and unresolved by the U.S. Supreme Court. Although undetermined by our highest court, the U.S. Court of Appeals for the Third Circuit has addressed this question. In Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, the Third Circuit affirmed that the availability of class arbitration ...
Good Things Don't Come To Those Forced To Wait: Denial Of A Litigant's Request To Proceed Anonymously Can Be Appealed Prior To Final Judgment In The Wake Of Doe V. Village Of Deerfield, 2017 Boston College Law School
Good Things Don't Come To Those Forced To Wait: Denial Of A Litigant's Request To Proceed Anonymously Can Be Appealed Prior To Final Judgment In The Wake Of Doe V. Village Of Deerfield, Chloe Booth
Boston College Law Review
On April 12, 2016, in Doe v. Village of Deerfield, the United States Court of Appeals for the Seventh Circuit held that a denial of a motion to proceed anonymously is an immediately appealable order under the collateral order doctrine. The Seventh Circuit joined the Fourth, Fifth, Ninth, Tenth and Eleventh Circuits in holding that this type of order, examined categorically, satisfies the rigorous requirements of the collateral order doctrine. Allowing immediate review of this type of order implements a practical construction of the traditional final judgment rule that the United States Courts of Appeals can only review orders upon ...
Trp Int’L, Inc. V. Proimtu Mmi Llc, 133 Nev. Adv. Op. 13 (Apr. 6, 2017), 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law
Trp Int’L, Inc. V. Proimtu Mmi Llc, 133 Nev. Adv. Op. 13 (Apr. 6, 2017), Elise Conlin
Nevada Supreme Court Summaries
The Court held that an order granting a motion to reconsider and vacate the final judgment is not appealable as a special order after final judgment. There is no final judgment if that motion to vacate is granted; thus, there cannot be a special order after a final judgment.
Domicile Dismantled, 2017 University of Virginia
Domicile Dismantled, Kerry Abrams, Kathryn Barber
Indiana Law Journal
Part I of this Article discusses the legal and factual background of Mas v. Perry. This narrative reveals how the case reflects both the changes in American society that were beginning to occur at that time and the struggle of the concept of domicile to keep pace with those changes. Part II traces the development of the fundamental shift in gender roles that began several years before Mas was decided. This section argues that the growing number of women attending college, embarking upon careers, and forming two-career marriages increased the difficulty of measuring domicile, while undermining the efficacy of a ...
The Future Of Oral Arguments, 2017 Notre Dame Law School
The Future Of Oral Arguments, Jay Tidmarsh
The civil-justice literature is replete with discussions of two phenomena: case management and the vanishing trial. These two phenomena are not unrelated. One commonly state goal of case management is to find ways, other than trial, to resolve civil disputes that find their way into court. Some observers find the movements toward case management and away from trial to be salutary; others find them disquieting. Regardless of the merits of this debate, the delivery of civil justice is undeniably evolving.
This evolution affects and changes many of the traditional attributes of American-style civil justice. The Essay examines one of these ...
Rethinking Criminal Contempt In The Bankruptcy Courts, 2017 University of Michigan Law School
Rethinking Criminal Contempt In The Bankruptcy Courts, John A. E. Pottow, Jason S. Levin
Law & Economics Working Papers
A surprising number of courts believe that bankruptcy judges lack authority to impose criminal contempt sanctions. We attempt to rectify this misunderstanding with a march through the historical treatment of contempt-like powers in bankruptcy, the painful statutory history of the 1978 Bankruptcy Code (including the exciting history of likely repealed 28 U.S.C. § 1481), and the various apposite rules of procedure. (Fans of the All Writs Act will delight in its inclusion.) But the principal service we offer to the bankruptcy community is dismantling the ubiquitous and persistent belief that there is some form of constitutional infirmity with "mere ...
Social Data Discovery And Proportional Privacy, 2017 University of Toledo College of Law
Social Data Discovery And Proportional Privacy, Agnieszka Mcpeak
Cleveland State Law Review
Social media platforms aggregate large amounts of personal information as "social data" that can be easily downloaded as a complete archive. Litigants in civil cases increasingly seek out broad access to social data during the discovery process, often with few limits on the scope of such discovery. But unfettered access to social data implicates unique privacy concerns—concerns that should help define the proper scope of discovery.
The Federal Rules of Civil Procedure, as amended in 2015, already contain the tools for crafting meaningful limits on intrusive social data discovery. In particular, the proportionality test under Rule 26 weighs the ...
Who Put The Quo In Quid Pro Quo?: Why Courts Should Apply Mcdonnell ’S “Official Act” Definition Narrowly, 2017 Fordham University School of Law
Who Put The Quo In Quid Pro Quo?: Why Courts Should Apply Mcdonnell ’S “Official Act” Definition Narrowly, Adam F. Minchew
Fordham Law Review
Federal prosecutors have several tools at their disposal to bring criminal charges against state and local officials for their engagement in corrupt activity. Section 666 federal funds bribery and § 1951 Hobbs Act extortion, two such statuary tools, have coexisted for the past thirty-six years, during which time § 666 has seen an increasing share of total prosecutions while the Hobbs Act’s share of prosecutions has fallen commensurately. In the summer of 2016, the U.S. Supreme Court decided McDonnell v. United States—a decision that threatens to quicken the demise of Hobbs Act extortion in favor of § 666. If McDonnell ...
The Unsung Virtues Of Global Forum Shopping, 2017 Temple University Beasley School of Law
The Unsung Virtues Of Global Forum Shopping, Pamela K. Bookman
Notre Dame Law Review
Forum shopping gets a bad name. This is even more true in the context of transnational litigation. The term is associated with unprincipled gamesmanship and undeserved victories. Courts therefore often seek to thwart the practice. But in recent years, exaggerated perceptions of the “evils” of forum shopping among courts in different countries have led U.S. courts to impose high barriers to global forum shopping. These extreme measures prevent global forum shopping from serving three unappreciated functions: protecting access to justice, promoting private regulatory enforcement, and fostering legal reform.
This Article challenges common perceptions about global forum shopping that have ...
Aggregation As Disempowerment: Red Flags In Class Action Settlements, 2017 Fordham University
Aggregation As Disempowerment: Red Flags In Class Action Settlements, Howard M. Erichson
Notre Dame Law Review
Class action critics and proponents cling to the conventional wisdom that class actions empower claimants. Critics complain that class actions over-empower claimants and put defendants at a disadvantage, while proponents defend class actions as essential to consumer protection and rights enforcement. This Article explores how class action settlements sometimes do the opposite. Aggregation empowers claimants’ lawyers by consolidating power in the lawyers’ hands. Consolidation of power allows defendants to strike deals that benefit themselves and claimants’ lawyers while disadvantaging claimants. This Article considers the phenomenon of aggregation as disempowerment by looking at specific settlement features that benefit plaintiffs’ counsel and ...
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, 2017 Selected Works
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner
No abstract provided.
Why Agencies Punish, 2017 Selected Works
Why Agencies Punish, Max Minzner
In addition to promulgating regulations, federal administrative agencies penalize entities that violate their rules. In 2010 alone, the National Highway Traffic Safety Administration imposed a statutory maximum $16.4 million penalty on Toyota, and the Securities and Exchange Commission recovered $535 million from Goldman Sachs, the largest civil penalty a financial services firm has ever paid. The academic literature proposes two major theories explaining why agencies might seek these monetary penalties. First, agencies might seek to deter misconduct by using civil penalties to raise the expected cost of regulatory violations above the cost of compliance. Alternatively, agencies might use civil ...
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 ...
The Logic And Limits Of Event Studies In Securities Fraud Litigation, 2017 University of Pennsylvania Law School
The Logic And Limits Of Event Studies In Securities Fraud Litigation, Jill E. Fisch, Jonah B. Gelbach, Jonathan Klick
Event studies have become increasingly important in securities fraud litigation after the Supreme Court’s decision in Halliburton II. Litigants have used event study methodology, which empirically analyzes the relationship between the disclosure of corporate information and the issuer’s stock price, to provide evidence in the evaluation of key elements of federal securities fraud, including materiality, reliance, causation, and damages. As the use of event studies grows and they increasingly serve a gatekeeping function in determining whether litigation will proceed beyond a preliminary stage, it will be critical for courts to use them correctly.
This Article explores an array ...
Who Has Standing? Why The Supreme Court's Holding In Hollingsworth V. Perry Empowers Politicians At The Expense Of Citizens, 2017 St. John's University School of Law
Who Has Standing? Why The Supreme Court's Holding In Hollingsworth V. Perry Empowers Politicians At The Expense Of Citizens, Omar Subat
Journal of Civil Rights and Economic Development
No abstract provided.