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Creativity Inspired Community: A Practice And Process For Growing Communities Through Group Creativity, david eyman 2015 Buffalo State College

Creativity Inspired Community: A Practice And Process For Growing Communities Through Group Creativity, David Eyman

Creative Studies Graduate Student Master's Projects

This project explores the use of group creativity practices to support changing attitudes and the formation of cohesive communities in civic and business settings. More specifically this project explores the use of a predetermined sequence of group creativity tools to facilitate a change in participant mentality. The attitudinal shift is from self-serving to engaged and collaborative. The ultimate outcome of using the proposed framework is the bonding of incompatibly opinionated people into a solidified community that is responsible for implementing their novel ideas. Ideas formed within this process are a reflection of the individual’s personal life objectives as they ...


Fighting Slapps In Federal Court: Erie, The Rules Enabling Act, And The Application Of State Anti-Slapp Laws In Federal Diversity Actions, Benjamin Ernst 2015 Boston College Law School

Fighting Slapps In Federal Court: Erie, The Rules Enabling Act, And The Application Of State Anti-Slapp Laws In Federal Diversity Actions, Benjamin Ernst

Boston College Law Review

Legislatures across the United States have passed laws to combat strategic lawsuits against public participation (“SLAPPs”)—suits brought solely to harass a party that has exercised protected speech or petitioning activity. Federal courts exercising diversity jurisdiction have struggled to determine whether these nominally procedural laws—particularly their hallmark special motions to dismiss—apply outside of state courts. A proper reading of the Federal Rules of Civil Procedure reveals that these laws may operate harmoniously alongside the federal system, and the twin aims articulated in the U.S. Supreme Court’s decision in Erie Railroad Co. v. Tompkins favor application of ...


Whistleblower’S Delight: An Evaluation Of The Third Circuit Decision In Foglia V. Renal Ventures, Patrick Venter 2015 Boston College Law School

Whistleblower’S Delight: An Evaluation Of The Third Circuit Decision In Foglia V. Renal Ventures, Patrick Venter

Boston College Law Review

In 2014, in Foglia v. Renal Ventures Management LLC, the U.S. Court of Appeals for the Third Circuit evaluated the pleading requirements needed to satisfy Rule 9(b) of the Federal Rules of Civil Procedure, within the context of False Claims Act complaints. The Third Circuit concurred with the First, Fifth, and Ninth Circuits and determined that it is necessary to provide only reliable indicia that leads to a strong inference of a scheme to submit false claims. This is in opposition to the holdings of some Circuits, which have required complaints to allege specific times, places, contents of ...


Unknowable Remedies: Albino V. Baca, The Plra Exhaustion Requirement, And The Problem Of Notice, Ethan Rubin 2015 Boston College Law School

Unknowable Remedies: Albino V. Baca, The Plra Exhaustion Requirement, And The Problem Of Notice, Ethan Rubin

Boston College Law Review

On April 3, 2014, in Albino v. Baca, the U.S. Court of Appeals for the Ninth Circuit held that when a prisoner plaintiff has not been informed of a prison administrative remedy, that remedy is effectively unavailable to the prisoner for the purposes of the exhaustion requirement of the Prison Litigation Reform Act (PLRA). This decision conflicts with what a majority of other circuits have established and widens the gap between those circuits on this issue. This Comment argues for the U.S. Supreme Court to resolve this circuit split in a future case and hold that to fail ...


A Cause For Concern: The Need For Proximate Cause In Sec Enforcement Actions And How The Third Circuit Got It Wrong In Sec V. Teo, John P. Quinn 2015 Boston College Law School

A Cause For Concern: The Need For Proximate Cause In Sec Enforcement Actions And How The Third Circuit Got It Wrong In Sec V. Teo, John P. Quinn

Boston College Law Review

On February 10, 2014, in SEC v. Teo, the U.S. Court of Appeals for the Third Circuit held that, in an action for disgorgement of profits under the Securities Exchange Act of 1934, the Securities Exchange Commission (SEC) does not have the burden of proving proximate cause. The court reasoned that the SEC must only prove but-for causation between alleged wrongdoing and ill-gotten profits. This Comment argues that, going forward, the Third Circuit should reject Teo and apply a proximate cause standard, especially regarding proceeds. Should the Supreme Court reach the issue in the future, it should similarly reject ...


Behind The Venire: Rationale, Rewards And Ramifications Of Heightened Scrutiny And The Ninth Circuit’S Extension Of Equal Protection To Gays And Lesbians During Jury Selection In Smithkline V. Abbott, James Lobo 2015 Boston College Law School

Behind The Venire: Rationale, Rewards And Ramifications Of Heightened Scrutiny And The Ninth Circuit’S Extension Of Equal Protection To Gays And Lesbians During Jury Selection In Smithkline V. Abbott, James Lobo

Boston College Law Review

On January 21, 2014, in SmithKline v. Abbott, the U.S. Court of Appeals for the Ninth Circuit held that heightened scrutiny applies to classifications based on sexual orientation, and equal protection forbids striking jurors because they are gay or lesbian. The Ninth Circuit interpreted the Supreme Court’s recent analysis in United States v. Windsor as applying heightened scrutiny, rather than rational basis review that has historically been used to assess issues surrounding sexual orientation. The Ninth Circuit also reasoned that given the historical exclusion and pervasive discrimination of gays and lesbians, this group requires equal protection. This Comment ...


Pago Por Consignación Y Su Naturaleza Procesal., Ronald B. Jallurana Añamuro 2015 UNAP

Pago Por Consignación Y Su Naturaleza Procesal., Ronald B. Jallurana Añamuro

RONALD B. Jallurana Añamuro

El fundamento del pago por consignación, es el derecho del deudor a pagar, ello justifica que la ley peruana regule el pago por consignación. Por lo que no es justo que continúe vinculado indefinidamente y es por ello que debe disponer de un procedimiento o mecanismo para liberarse.


Thirty-Two Years On The Federal Bench: Some Things I Have Learned, Judge Emmett Ripley Cox 2015 University of Florida Levin College of Law

Thirty-Two Years On The Federal Bench: Some Things I Have Learned, Judge Emmett Ripley Cox

Florida Law Review

In this Essay, prepared as the basis for the 2014 Dunwody Distinguished Lecture in Law at the University of Florida Levin College of Law, Judge Cox discusses a few things he learned from his experience as a trial judge and later as an appellate judge. Specifically, he addresses how the proliferation of federal law—both criminal and civil—imposes a real burden on the federal courts. This proliferation has negatively affected pleading and pretrial procedures in the federal court system. Additionally, he discusses what lawyers can do about these pleading and pretrial problems.

Over the course of his career Judge ...


Saving Charitable Settlements, Christine P. Bartholomew 2015 SUNY Buffalo Law School

Saving Charitable Settlements, Christine P. Bartholomew

Fordham Law Review

This Article defies the conventional wisdom that all charitable distributions from a class action settlement fund are types of cy pres. Instead, it proposes a radical delineation between “cy pres remainders” (meaning settlement funds left over after individual monetary distributions) and “charitable settlements” (meaning money initially distributed to charities as part of class action settlements). While both have cy pres roots, these two settlement structures have been conflated, jeopardizing the potential utility of charitable settlements. After articulating more precise nomenclature for these distinct distribution methods, this Article justifies why we must preserve charitable settlements. This defense is particularly timely, as ...


Snap Judgment: Recognizing The Propriety And Pitfalls Of Direct Judicial Review Of Audiovisual Evidence At Summary Judgment, Denise K. Barry 2015 Fordham University School of Law

Snap Judgment: Recognizing The Propriety And Pitfalls Of Direct Judicial Review Of Audiovisual Evidence At Summary Judgment, Denise K. Barry

Fordham Law Review

Conflicting results in two recent police excessive force decisions by the U.S. Supreme Court—Tolan v. Cotton and Plumhoff v. Rickard—have sown confusion about the standards for summary judgment. This Note shows how the two decisions are consistent with each other and with longstanding summary judgment precedents. The key insight is that since the Second Circuit’s iconic 1946 decision in Arnstein v. Porter, appellate judges, including Supreme Court Justices, have listened to audio recordings, scrutinized artwork, and—as in the case of Plumhoff—watched video footage in order to decide for themselves whether there is a genuine ...


Drafting New York Civil-Litigation Documents: Part Xli—In Limine, Trial, And Post-Trial Motions Continued, Gerald Lebovits 2015 Columbia, Fordham & NYU Law Schools

Drafting New York Civil-Litigation Documents: Part Xli—In Limine, Trial, And Post-Trial Motions Continued, Gerald Lebovits

Gerald Lebovits

No abstract provided.


La Metamorfosis Incoherente (¿E Inconstitucional?) Del Principio De Fe Pública Registral, Fort Ninamancco Córdova 2015 Universidad Nacional Mayor de San Marcos

La Metamorfosis Incoherente (¿E Inconstitucional?) Del Principio De Fe Pública Registral, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.


Viewing Privilege Through A Prism: Attorney-Client Privilege In Light Of Bulk Data Collection, Paul H. Beach 2015 Notre Dame Law School

Viewing Privilege Through A Prism: Attorney-Client Privilege In Light Of Bulk Data Collection, Paul H. Beach

Notre Dame Law Review

This Note will argue that the attorney-client privilege is justified not only by the popular instrumentalist rationales, but also by noninstrumentalist thinking. It will further argue that Federal Rule of Evidence 502 gives federal courts the tools to protect the attorney-client privilege in light of bulk data collection. Even where courts do not find that traditional modes of communication constitute reasonable steps to protect a confidential communication, general considerations of fairness—as noted in Rule 502’s committee notes—should encourage courts to uphold attorney-client privilege in future situations of bulk data collection disclosures. Part I will discuss the establishment ...


Determining Trademark Standing In The Wake Of Lexmark, John L. Brennan 2015 Notre Dame Law School

Determining Trademark Standing In The Wake Of Lexmark, John L. Brennan

Notre Dame Law Review

This Note examines relevant statutory language, case law, and scholarly criticism, and ultimately contends that the standard articulated in Lexmark should apply to both types of claims. Part I provides background regarding the history of the Lanham Act, looking particularly at the ways in which courts have treated trademarks and false advertising differently. Part II discusses the Lexmark decision and the recent district court cases that have addressed its holding. Part III examines the text of both the Lanham Act and the Supreme Court’s opinion in Lexmark in order to determine the decision’s scope, and concludes that Lexmark ...


Us Supreme Court To Weigh Future Of "No Harm" Class-Action Menace, David L. Wallace 2015 Herbert Smith Freehills New York LLP

Us Supreme Court To Weigh Future Of "No Harm" Class-Action Menace, David L. Wallace

David L Wallace

No abstract provided.


Rule 10b-5 At The Intersection Of Greenwash And Green Investment: The Problem Of Economic Loss, Cadesby B. Cooper 2015 Boston College Law School

Rule 10b-5 At The Intersection Of Greenwash And Green Investment: The Problem Of Economic Loss, Cadesby B. Cooper

Boston College Environmental Affairs Law Review

Despite the recent growth of socially responsible investment (“SRI”), there is little evidence supporting its central claim: that it can affect a company’s cost of capital, thus inducing good behavior. Accordingly, this Note questions whether there are legal ramifications for a company that misrepresents its environmental and social practices, when such practices in fact do not affect the expected future cash flows of the company, the company’s cost of capital, and in turn, the price of the company’s stock. SEC Rule 10b-5 provides a private right of action for securities fraud, but requires that an investor sustain ...


Strict Liability In Cycling Laws To Ready The Roads For Environmentally Friendly Commuting, Colleen Maker 2015 Boston College Law School

Strict Liability In Cycling Laws To Ready The Roads For Environmentally Friendly Commuting, Colleen Maker

Boston College Environmental Affairs Law Review

Because automobiles cause harmful effects on the environment, the United States should encourage bicycling as an alternative means of transportation to automobiles. Many Americans elect not to cycle as a means of transportation out of fear of a collision with an automobile. Such collisions can be devastating physically and financially, and yet, after a bicycle-automobile collision, cyclists often bear the burden of proving negligence in a suit against the driver, and are often left without a remedy for their injuries. Other countries, such as the Netherlands, use a form of strict liability in lawsuits concerning bicycle-automobile collisions, which shifts the ...


The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Reform, Stephen B. Burbank, Sean Farhang 2015 University of Pennsylvania Law School

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Reform, Stephen B. Burbank, Sean Farhang

Faculty Scholarship

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of ...


Standing Up For Industry Standing In Environmental Regulatory Challenges, Charles H. Haake, Raymond B. Ludwiszewski 2015 Gibson, Dunn & Crutcher, LLP

Standing Up For Industry Standing In Environmental Regulatory Challenges, Charles H. Haake, Raymond B. Ludwiszewski

Boston College Environmental Affairs Law Review

Article III of the U.S. Constitution limits courts to hearing only cases and controversies. To address this limitation, federal courts have developed the doctrine of standing, which requires a litigant to have suffered a cognizable injury in fact, which was caused by the challenged conduct and that will be redressable by a favorable outcome. Courts have struggled to balance these components and, in practice, different requirements have developed for meeting standing depending on the nature of the case and the type of party bringing suit. This Article explores the U.S. Court of Appeals for the District of Columbia ...


Foreign Sovereign Immunity - Rex V. Cia. Pervana De Vapores, S.A., Richard O. Ward 2015 University of Georgia School of Law

Foreign Sovereign Immunity - Rex V. Cia. Pervana De Vapores, S.A., Richard O. Ward

Georgia Journal of International & Comparative Law

No abstract provided.


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