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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.


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 ...


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.


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 ...


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 ...


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.


Minimum Contacts Jurisdiction Under The Foreign Sovereign Immunities Act, Eric Johnson, Chrisanne Worthington 2015 University of Georgia School of Law

Minimum Contacts Jurisdiction Under The Foreign Sovereign Immunities Act, Eric Johnson, Chrisanne Worthington

Georgia Journal of International & Comparative Law

No abstract provided.


The Economics Of Civil Procedure, Daniel M. Klerman 2015 USC Law School

The Economics Of Civil Procedure, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

The economic analysis of procedure reduces most issues to direct costs and error costs. Direct costs are ordinary litigation costs. Error costs are the reduction in deterrence and the increase in chilling that result from inaccurate adjudication. The goal of procedure is the minimization of the sum of direct and error costs. This framework has been applied to many procedural issues, and this survey focuses on three: dispositive motions (motions to dismiss and summary judgment), discovery, and jurisdiction. Economic analysis has yielded significant insights in these areas, but important questions remain for future researchers. Because theory is often indeterminate, this ...


The Priest-Klein Hypotheses: Proofs, Generality And Extensions, Yoon-Ho Alex Lee, Daniel M. Klerman 2015 USC Gould School of Law

The Priest-Klein Hypotheses: Proofs, Generality And Extensions, Yoon-Ho Alex Lee, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

Priest and Klein’s 1984 article, “The Selection of Disputes for Litigation,” famously hypothesized a “tendency toward 50 percent plaintiff victories” among litigated cases. Despite the article’s enduring influence, its results have never been formally proved, and doubts remain about their meaning, validity, and generality. This article makes five contributions. First, it distinguishes six distinct hypotheses plausibly attributable to Priest and Klein. Second, it mathematically proves or disproves them under the original model. Third, it raises a novel critique of the model—that it is non-Bayesian—and shows that most of the hypotheses remain valid under a modified model ...


Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz 2015 Touro Law Center

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Touro Law Review

No abstract provided.


Canadian Mortgage Law And Prepayment Penalties, Peter Spiro 2015 University of Toronto

Canadian Mortgage Law And Prepayment Penalties, Peter Spiro

Western Journal of Legal Studies

This article illustrates the imbalance of power between the mortgagor and mortgagee, which is particularly apparent for individual mortgagors. Prepayment and due on sale provisions are standard mortgage terms that contribute to this imbalance. Although these clauses purport to operate separately, in reality, both are frequently triggered by the sale of a property; the law of contract suggests that these provisions should not be enforceable. Relevant legislation is lacking in this area and should be reformed to provide more effective consumer protection while acknowledging that banks operate with the goal of maximizing business. A reasonable compromise would involve basing the ...


Negotiation Ethics: Proposals For Reform To The Law Society Of Upper Canada's Rules Of Professional Conduct, George Tsakalis 2015 Brown and Partners LLP and Osgoode Hall Law School

Negotiation Ethics: Proposals For Reform To The Law Society Of Upper Canada's Rules Of Professional Conduct, George Tsakalis

Western Journal of Legal Studies

Creating a comprehensive code of negotiation ethics for lawyers is a contentious issue. The Law Society of Upper Canada’s Rules of Professional Conduct currently offers little guidance regarding appropriate behaviour of lawyers during negotiations. Detractors argue that the negotiation process is too complex and fluid to be codified. This criticism is not fatal to the case for a code of negotiation ethics. Lawyers have moral and ethical standards within the profession and responsibilities to the public as conduits to legal remedies. This paper argues a code of legal ethics is necessary to uphold these standards. Such a framework should ...


Trending @ Rwu Law: Professor Niki Kuckes's Post: Litigation Academy Returns, Niki Kuckes 2015 Roger Williams University School of Law

Trending @ Rwu Law: Professor Niki Kuckes's Post: Litigation Academy Returns, Niki Kuckes

Blogs

No abstract provided.


Infant Compromise Orders In New York, Gerald Lebovits 2015 Columbia, Fordham & NYU Law Schools

Infant Compromise Orders In New York, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Access To Cash, Access To Court: Unlocking The Courtroom Doors With Third-Party Litigation Finance, Sasha Nichols 2015 UC Irvine School of Law

Access To Cash, Access To Court: Unlocking The Courtroom Doors With Third-Party Litigation Finance, Sasha Nichols

UC Irvine Law Review

No abstract provided.


L'Avvocato-Arbitro Nell'art. 61 Del Nuovo Codice Deontologico Forense, Valerio Sangiovanni 2015 SelectedWorks

L'Avvocato-Arbitro Nell'art. 61 Del Nuovo Codice Deontologico Forense, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.


Cy Pres Settlements: Problems Associated With The Judiciary’S Role And Suggested Solutions, John Goodlander 2015 Boston College Law School

Cy Pres Settlements: Problems Associated With The Judiciary’S Role And Suggested Solutions, John Goodlander

Boston College Law Review

Class action settlements frequently generate funds that are never collected by class members. This creates problems associated with determining how these funds should be allocated. This Note discusses one mechanism for distributing unclaimed settlement funds—cy pres distributions to charitable organizations that advance interests in line with those of the class members. This Note discusses two problems that arise out of the role judges play in cy pres distributions: the potential that judges will be perceived as making distributions to pet charities, and the potential that judges may transgress their constitutionally assigned role as arbiters of “cases or controversies” in ...


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