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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 ...


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.


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.


Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams 2016 Touro College 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 College 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 College 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 College 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 College 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 College 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 College 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.


A Tort Report: Christ V. Exxon Mobil And The Extension Of The Discovery Rule To Third-Party Representatives Of Decedents In Wrongful Death And Survival Suits, Jeremy McManus 2016 Boston College Law School

A Tort Report: Christ V. Exxon Mobil And The Extension Of The Discovery Rule To Third-Party Representatives Of Decedents In Wrongful Death And Survival Suits, Jeremy Mcmanus

Boston College Journal of Law & Social Justice

On June 23, 2015, the Wisconsin Supreme Court allowed representatives of deceased employees of a tire manufacturing facility to use the “discovery rule” to extend the statute of limitations for their wrongful death and survival suits associated with the decedents’ forced benzene exposure at the facility, provided they could show the information necessary for making their claims had not been available upon diligent effort within the statute’s timeframe. The majority reasoned that public policy is in favor of allowing meritorious claims to be heard, there is no significant difference between direct victims and representatives to render an extension untenable ...


Communication And Competence For Self-Representation, E. Lea Johnston 2016 University of Florida, Levin College of Law

Communication And Competence For Self-Representation, E. Lea Johnston

Fordham Law Review

In Indiana v. Edwards, the U.S. Supreme Court held that states may impose a higher competency standard for self-representation than to stand trial in criminal cases. While the Court articulated a number of interests relevant to representational competence, it left to states the difficult task of formulating an actual competence standard. This Article offers the first examination and assessment of the constitutionality of state standards post-Edwards. It reveals that seven states have endorsed a representational competence standard with a communication component. Additionally, twenty states have embraced vague, capacious standards that could consider communication skills. In applying these standards, states ...


Oh, Won't You Stay With Me?: Determining Whether § 3 Of The Faa Requires A Stay In Light Of Katz V. Cellco Partnership, Alessandra Rose Johnson 2016 Fordham University School of Law

Oh, Won't You Stay With Me?: Determining Whether § 3 Of The Faa Requires A Stay In Light Of Katz V. Cellco Partnership, Alessandra Rose Johnson

Fordham Law Review

The Federal Arbitration Act (FAA) provides the legal framework to render international and interstate arbitration agreements judicially enforceable in the United States. In furtherance of that goal, it provides that, if a party initiates litigation rather than arbitration of an arbitrable dispute, either party may request that the court stay the litigation pending resolution in an arbitration proceeding. The U.S. courts of appeals are currently split as to whether § 3 of the FAA requires a court under these circumstances to stay the action or whether the court has the discretion to dismiss the action altogether. In Katz v. Cellco ...


Who Is Responsible For The Stealth Assault On Civil Rights?, Samuel R. Bagenstos 2016 University of Michigan Law School

Who Is Responsible For The Stealth Assault On Civil Rights?, Samuel R. Bagenstos

Michigan Law Review

Staszak’s book does a great service in demonstrating the extent of the stealth assault on civil-rights litigation. As Staszak shows, procedural and remedial decisions fly under the public’s radar, but they have exceptionally important consequences. Indeed, one can draw a clear line between judicial decisions on such obscure topics as standing and qualified immunity and the persistent acts of police misconduct that have aroused great public concern in recent months. Any effort to ensure that civil-rights protections make a concrete difference in people’s lives must attend to the procedural and remedial issues Staszak discusses.


Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige 2016 Touro Law School

Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige

Touro Law Review

No abstract provided.


Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili 2016 Touro College Jacob D. Fuchsberg Law Center

Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili

Touro Law Review

No abstract provided.


How To Screen For Success In Employment Law Cases, Robert M. Rosen 2016 Touro College Jacob D. Fuchsberg Law Center

How To Screen For Success In Employment Law Cases, Robert M. Rosen

Touro Law Review

No abstract provided.


Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum 2016 Touro College Jacob D. Fuchsberg Law Center

Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum

Touro Law Review

No abstract provided.


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