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4398 full-text articles. Page 1 of 105.

Active Judging And Access To Justice.Pdf, Anna E. Carpenter 2017 University of Tulsa College of Law

Active Judging And Access To Justice.Pdf, Anna E. Carpenter

Anna E. Carpenter

Active judging, where judges step away from the traditional, passive role to assist those without counsel, is a central feature of recent proposals aimed at solving the pro se crisis in America’s state civil courts.  Despite growing support for active judging as an access to justice intervention, we know little, empirically, about how judges engage with pro se parties as a general matter, and even less about active judging.  In response, this Article contributes new data and a new conceptual framework: the three dimensions of active judging.  The study is based in a District of Columbia administrative court where ...


Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), Krystina Viernes 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.


Civil Procedure: How To Apply Diversity Jurisdiction In A Multiparty Case, Scott Dodson 2017 University of California, Hastings College of the Law

Civil Procedure: How To Apply Diversity Jurisdiction In A Multiparty Case, Scott Dodson

The Judges' Book

No abstract provided.


Civil Procedure: Certifying An Opt-In Class Under Rule 23, Scott Dodson 2017 University of California, Hastings College of the Law

Civil Procedure: Certifying An Opt-In Class Under Rule 23, Scott Dodson

The Judges' Book

No abstract provided.


Civil Procedure: Class Action Fee And Cost Awards, Morris Ratner 2017 University of California, Hastings College of the Law

Civil Procedure: Class Action Fee And Cost Awards, Morris Ratner

The Judges' Book

No abstract provided.


The Stricter Standard: An Empirical Assessment Of Daubert’S Effect On Civil Defendants, Andrew Jurs, Scott DeVito 2017 Selected Works

The Stricter Standard: An Empirical Assessment Of Daubert’S Effect On Civil Defendants, Andrew Jurs, Scott Devito

Scott DeVito

No abstract provided.


City Of Sparks Vs. Reno Newspapers, Inc., 133 Nev. Adv. Op. 56 (August 3, 2017), Brittni Griffith 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

City Of Sparks Vs. Reno Newspapers, Inc., 133 Nev. Adv. Op. 56 (August 3, 2017), Brittni Griffith

Nevada Supreme Court Summaries

The Court reviewed an appeal to determine whether an appellant: (1) “properly sought the disclosure of public records by a writ of mandamus,” and (2) whether medical marijuana establishments (“MMEs”) business license identifying information must be disclosed pursuant to the Nevada Public Records Act. The Court held that NRS 239.011 provides the specific means by which to challenge the disclosure of public records, and thus Respondent properly filed a petition for a writ of mandamus. Additionally, pursuant to NRS 453A.370(5), the Department of Health and Human Services’ Division of Public and Behavior Health (“Division”) has the proper ...


Of Carrots And Sticks: General Jurisdiction And Genuine Consent, Craig Sanders 2017 Northwestern University Pritzker School of Law

Of Carrots And Sticks: General Jurisdiction And Genuine Consent, Craig Sanders

Northwestern University Law Review

The United States Supreme Court’s 2014 decision in Daimler AG v. Bauman changed how the courts will determine whether companies should be subject to general personal jurisdiction. In 1945, Pennoyer v. Neff’s geographical fixation gave way to International Shoe Co. v. Washington, which provided a test for courts to determine whether corporations had sufficient contact with a forum to meet the bar for personal jurisdiction there. Specific jurisdiction requires “minimum contacts,” provided the action is satisfactorily related to the forum. However, to be subject to general jurisdiction, a corporation must possess more than just “minimum contacts,” and claimants ...


Empowering Individual Plaintiffs, Alex Stein 2017 Brooklyn Law School

Empowering Individual Plaintiffs, Alex Stein

Alex Stein

The individual plaintiff plays a critical—yet, under-appreciated—role in our legal system. Only lawsuits that are brought by individual plaintiffs allow the law to achieve the twin goals of efficiency and fairness.  The ability of individual plaintiffs to seek justice against those who wronged them deters wrongdoing, ex ante, and in those cases in which a wrong has been committed nevertheless, it guarantees the payment of compensation, ex post.  No other form of litigation, including class actions and criminal prosecutions, or even compensation funds, can accomplish the same result.  Yet, as we show in this Essay, in many key ...


Wynn Resorts, Ltd. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 52 (July 27, 2017), Elise Conlin 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Wynn Resorts, Ltd. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 52 (July 27, 2017), Elise Conlin

Nevada Supreme Court Summaries

The Court held that the business judgment rule defense alone does not mandate waiver of attorney-client privilege related to discovery documents. The Court also adopted the “because of” test with a “totality of the circumstances” standard to determine when a document falls under the work-product privilege.


19th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2017, Department of Attorney General, State of Rhode Island 2017 Roger Williams University

19th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2017, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


Hefetz V. Beavor, 133 Nev. Adv. Op. 46 (July 6, 2017), Julia Barker 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Hefetz V. Beavor, 133 Nev. Adv. Op. 46 (July 6, 2017), Julia Barker

Nevada Supreme Court Summaries

The Court determined that parties must timely assert the one-action rule as an affirmative defense in their response pleadings. If not, it is waived. As such, the District Court erred when it granted Respondent Beavor’s motion to dismiss pursuant to the one-action rule because he failed to raise that defense in a timely manner.


Utah Marriage And Divorce Laws, Stephen Elmo Averett, Kory Staheli 2017 BYU Law

Utah Marriage And Divorce Laws, Stephen Elmo Averett, Kory Staheli


A summary of current Utah domestic relations law. Current legal forms and sample filing documents are included in the Appendix.


Fixing Forum Selling, Brian L. Frye, Christopher J. Ryan Jr. 2017 University of Kentucky College of Law

Fixing Forum Selling, Brian L. Frye, Christopher J. Ryan Jr.

Brian L. Frye

"Forum selling” is jurisdictional competition intended to attract litigants. While consensual forum selling may be beneficial, non-consensual forum selling is harmful because it encourages jurisdictions to adopt an inefficient pro-plaintiff bias. In the last 20 years, the Eastern District of Texas has adopted an aggressive and remarkably successful policy of non-consensual forum selling in patent infringement actions. In 2016, 44% of all patent infringement actions were filed in the Eastern District of Texas, and 93% of them were filed by patent assertion entities or “patent trolls.” In December 2016, the Supreme Court granted certiorari in TC Heartland v. Kraft, to ...


Delucchi V. Songer, 133 Nev. Adv. Op. 42 (June 29, 2017), Krystina Butchart 2017 Nevada Law Journal

Delucchi V. Songer, 133 Nev. Adv. Op. 42 (June 29, 2017), Krystina Butchart

Nevada Supreme Court Summaries

No abstract provided.


"Where The Cause Of Action Accrued": How Florida's Venue Statute Violates The Policy It Designed To Protect, Kristen Nelson Royal 2017 University of Florida Levin College of Law

"Where The Cause Of Action Accrued": How Florida's Venue Statute Violates The Policy It Designed To Protect, Kristen Nelson Royal

Florida Law Review

Venue is the “proper or a possible place for a lawsuit to proceed,” and its purpose is to ensure all possible fairness and convenience for parties to litigation, especially the defendant. Florida Statute § 47.011 provides three places where venue may be proper: the county where the defendant resides, the county where the cause of action accrued, and the county where the property in litigation is located. Although determining where a defendant lives or where property is located is fairly simple, determining where a cause of action accrued can prove more difficult. In an action for tort, courts have indicated ...


"Where The Cause Of Action Accrued": How Florida's Venue Statute Violates The Policy It Designed To Protect, Kristin Nelson Royal 2017 University of Florida Levin College of Law

"Where The Cause Of Action Accrued": How Florida's Venue Statute Violates The Policy It Designed To Protect, Kristin Nelson Royal

Florida Law Review

Venue is the “proper or a possible place for a lawsuit to proceed,” and its purpose is to ensure all possible fairness and convenience for parties to litigation, especially the defendant. Florida Statute § 47.011 provides three places where venue may be proper: the county where the defendant resides, the county where the cause of action accrued, and the county where the property in litigation is located. Although determining where a defendant lives or where property is located is fairly simple, determining where a cause of action accrued can prove more difficult. In an action for tort, courts have indicated ...


Holding Supporters Of Terrorism Accountable: The Exercise Of General Jurisdiction Over The Pa And Plo In A Post-Daimler Framework, Mark D. Christopher 2017 University of Georgia School of Law

Holding Supporters Of Terrorism Accountable: The Exercise Of General Jurisdiction Over The Pa And Plo In A Post-Daimler Framework, Mark D. Christopher

Georgia Journal of International & Comparative Law

No abstract provided.


"Your Honor What I Meant To State Was . . .": A Comparative Analysis Of The Judicial And Evidentiary Admission Doctrines As Applied To Counsel Statements In Pleadings, Open Court, And Memoranda Of Law, Ediberto Roman 2017 Selected Works

"Your Honor What I Meant To State Was . . .": A Comparative Analysis Of The Judicial And Evidentiary Admission Doctrines As Applied To Counsel Statements In Pleadings, Open Court, And Memoranda Of Law, Ediberto Roman

Ediberto Roman

No abstract provided.


Bd. Of Review V. Second Judicial Dist. Court, 133 Nev. Adv. Op. 35 (June 22, 2017), Skyler Sullivan 2017 Nevada Law Journal

Bd. Of Review V. Second Judicial Dist. Court, 133 Nev. Adv. Op. 35 (June 22, 2017), Skyler Sullivan

Nevada Supreme Court Summaries

Naming all relevant parties as defendants, pursuant to NRS 612.530(1), is a mandatory jurisdictional requirement. Failure to follow this statutory requirement deprives the district court of its jurisdiction to hear a petition for judicial review.


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