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Lloyd And The Legislative Void: Representative Actions In Transatlantic Context, Suzanne E. Chiodo 2023 Osgoode Hall Law School of York University

Lloyd And The Legislative Void: Representative Actions In Transatlantic Context, Suzanne E. Chiodo

All Papers

The Canadian class action regimes have had a strong influence on the development of collective redress procedures in England. Canadian class proceedings legislation provided a model for the competition law class action regime in the UK, and before then, it featured prominently in the Civil Justice Council’s report that recommended the enactment of generic class actions legislation in England. It is fitting, then, that the UK Supreme Court’s recent decision in Lloyd v Google referred to the Canadian jurisprudence on the representative rule, which allows one or more claimants to represent a group with the ‘same interest’. While ...


Torremoro V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 54 (July 07, 2022), Mackenzie Sullivan 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

Torremoro V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 54 (July 07, 2022), Mackenzie Sullivan

Nevada Supreme Court Summaries

The Supreme Court of Nevada addressed the standard for substituting an expert witness after the close of discovery and considered whether the district court abused its discretion in modifying the scheduling order, reopening discovery, and granting the motion to substitute. Torremoro requested a writ of mandamus requesting this Court to instruct the district court to reverse its order allowing substitution of an expert witness. The Court found that NRCP 16(b)(4)’s “good cause” test, in combination with any relevant local rules, provides the standard governing when a district court may modify a scheduling order. 2 The Court also ...


Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan 2022 UNH Franklin Pierce School of Law

Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan

UNH Sports Law Review

No abstract provided.


Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty 2022 University of Pittsburgh

Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty

UNH Sports Law Review

No abstract provided.


The Concept Of Amateurism: How The Term Became Part Of The College Sport Vernacular, Robert J. Romano Esq. 2022 St. John's University

The Concept Of Amateurism: How The Term Became Part Of The College Sport Vernacular, Robert J. Romano Esq.

UNH Sports Law Review

No abstract provided.


For Whom The Sol Tolls: Examining The Role Of The Discovery Rule And Statutes Of Limitations In Ncaa Concussion Litigation, Joseph Sabin Esq., Andrew L. Goldsmith Ph.D. 2022 Southeastern Louisiana University

For Whom The Sol Tolls: Examining The Role Of The Discovery Rule And Statutes Of Limitations In Ncaa Concussion Litigation, Joseph Sabin Esq., Andrew L. Goldsmith Ph.D.

UNH Sports Law Review

No abstract provided.


Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi 2022 UNH Franklin Pierce School of Law

Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi

UNH Sports Law Review

No abstract provided.


Table Of Contents, Editorial Board 2022 UNH Franklin Pierce School of Law

Table Of Contents, Editorial Board

UNH Sports Law Review

No abstract provided.


Masthead, Editorial Board 2022 UNH Franklin Pierce School of Law

Masthead, Editorial Board

UNH Sports Law Review

No abstract provided.


Hung Vs. Berhad, 138 Nev. Adv. Op. 50 (June 30, 2022), Candace Mays 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

Hung Vs. Berhad, 138 Nev. Adv. Op. 50 (June 30, 2022), Candace Mays

Nevada Supreme Court Summaries

The Supreme Court of Nevada considered whether the district court erred in dismissing the appellants’ complaint on procedural grounds without granting leave to amend so that they could remedy any deficiencies in their pleadings thus far. The Court held that neither the appellants’ original complaint, first amended complaint, nor proposed second amended complaint, contained facts sufficient to show leave to amend would not be futile. Accordingly, the Court affirmed the district court’s dismissal of the complaint.


Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra 2022 Universitas Indonesia

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory ...


Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana 2022 Universitas Indonesia

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of ...


Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi 2022 Universitas Indonesia

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the ...


Cox V. Mgm Grand Hotel, Lcc., 138 Nev. Adv. Op. 27 (Apr. 14, 2022), Anne-Greyson Long 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

Cox V. Mgm Grand Hotel, Lcc., 138 Nev. Adv. Op. 27 (Apr. 14, 2022), Anne-Greyson Long

Nevada Supreme Court Summaries

This case addressed when the district court can and should grant a remand for a new trial when a party claimed that evidentiary and instructional errors prejudiced their case. The particular issue in this case was the admittance of six surveillance videos that contradicted in-court presentation.


Presuit Lawyer Information Duties Relevant To Civil Litigation, Jeffrey A. Parness 2022 Marquette University Law School

Presuit Lawyer Information Duties Relevant To Civil Litigation, Jeffrey A. Parness

Marquette Law Review

In both federal and state courts in the United States, there are significant civil procedure, professional responsibility, and substantive laws addressing presuit lawyer duties on creating, preserving, producing, and protecting information relevant to later civil litigation. These laws speak to lawyer conduct both in personally handling information and in overseeing the information acts of others. To date, the challenges these laws pose to lawyers have not been well examined, or even largely perceived. And, to date, lawyers have been left unaccountable for their personal violations of these duties.


A Hague Parallel Proceedings Convention: Architecture And Features, Paul Herrup, Ronald A. Brand 2022 Member, Pennsylvania Bar

A Hague Parallel Proceedings Convention: Architecture And Features, Paul Herrup, Ronald A. Brand

Articles

In Paul Herrup and Ronald A. Brand, A Hague Convention on Parallel Proceedings, 63 Harvard International Law Journal Online 1(2022), available at https://harvardilj.org/2022/02/a-hague-convention-on-parallel-proceedings/ and https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3894502, we argued that the Hague Conference on Private International Law should not undertake a project to require or prohibit exercise of original jurisdiction in national courts. Rather, the goal of current efforts should be to improve the concentration of parallel litigation in a “better forum,” in order to achieve efficient and complete resolution of disputes in transnational litigation. The Hague Conference ...


A Survey Of Civil Procedure: Technology To Covid-19 Within State Courts, Joshua H. Hernandez 2022 Marquette University Law School

A Survey Of Civil Procedure: Technology To Covid-19 Within State Courts, Joshua H. Hernandez

Marquette Law Review

The COVID-19 pandemic catalyzed the implementation of technological innovation within the legal field. Specifically, state courts used technology to adjust their civil procedures while maintaining accurate results, limiting costs, and providing meaningful participation to varying degrees of success. In addition, given the piecemeal nature of these adjustments, there is a lack of knowledge regarding what actions were taken in the early months of the pandemic. Thus, this Comment conducts a survey focusing on how the states adjusted their judicial civil procedures to respond to COVID-19’s impact. This Comment then argues that the most liberal implementation of technological adjustments may ...


Entombed Writs' Effective Renaissance: Surveying And Sealing Federal Rule Of Civil Procedure 60(B)'S Interpretive Gaps, Amir Shachmurove 2022 Cleveland State University

Entombed Writs' Effective Renaissance: Surveying And Sealing Federal Rule Of Civil Procedure 60(B)'S Interpretive Gaps, Amir Shachmurove

Cleveland State Law Review

For centuries, the hoary principle of finality and the Latin-denominated writs devised so as to mollify its obduracy cast fearsome shadows, unchallenged within the courts of the British Isles. In the United States, these expatiated doctrines stalked with equal aplomb from the time of Chief Justice John James Marshall to the advent of the Federal Rules of Civil Procedure. For nearly 150 years, therefore, federal procedural law recognized only the skimpiest opportunities for renewed introspection afforded by these increasingly anachronistic constructs, ones nonetheless imbued with more and more of antiquity’s nearly sacerdotal sheen with each passing year.

In time ...


Creating A System For All Parents: Rethinking Procedural And Evidentiary Rules In Proceedings With Self-Represented Litigants, Cassandra Richards 2022 Schulich School of Law, Dalhousie University

Creating A System For All Parents: Rethinking Procedural And Evidentiary Rules In Proceedings With Self-Represented Litigants, Cassandra Richards

Dalhousie Law Journal

Through qualitative interviews undertaken with ten judges at the Superior Court of Québec, this study considers the procedural and evidentiary challenges faced by self-represented litigants in family law matters. Subsequently, this paper offers solutions to the problems identified. The goal of this paper is to provide legal participants with concrete techniques to facilitate proceedings with SRLs that uphold their duty of impartiality and duty of assistance. While this article will likely be useful for judges who engage with SRLs daily, it will also be of interest to those working on issues relating to access to justice, SRLs, as well as ...


Jurisdiction At Work: Specific Personal Jurisdiction In Flsa Collective Actions After Bristol-Myers Squibb, Anaid Reyes Kipp 2022 Georgia State University College of Law

Jurisdiction At Work: Specific Personal Jurisdiction In Flsa Collective Actions After Bristol-Myers Squibb, Anaid Reyes Kipp

Georgia State University Law Review

In Bristol-Myers Squibb Co. v. Superior Court (BMS), eighty-six California residents and five hundred ninety-two nonresidents from thirty-three different states, who had originally filed eight separate complaints, used ordinary party joinder rules to file a mass tort action in California state court, alleging that Bristol-Myers Squibb’s blood-thinning drug made them sick. The Supreme Court held in 2017 that the California state court did not have specific personal jurisdiction over the national pharmaceutical company because its contacts with California were insufficient in relation to the claims by nonresident plaintiffs. Although BMS was a mass action filed in state court, its ...


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