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3,531 full-text articles. Page 1 of 78.

Are Justices Ginsburg And Scalia 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

Are Justices Ginsburg And Scalia 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 ...


Books Recieved, Georgia Journal of International and Comparative Law 2016 University of Georgia School of Law

Books Recieved, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Further Comments On The Hague Convention On The Law Applicable To Products Liability, Willis L. M. Reese 2016 University of Georgia School of Law

Further Comments On The Hague Convention On The Law Applicable To Products Liability, Willis L. M. Reese

Georgia Journal of International & Comparative Law

No abstract provided.


Litigating In The 21st Century: Amending Challenges For Cause In Light Of Big Data, Andrew Kasabian 2016 Pepperdine University

Litigating In The 21st Century: Amending Challenges For Cause In Light Of Big Data, Andrew Kasabian

Pepperdine Law Review

The amount of data generated daily is growing exponentially. The majority of this data is unstructured data. Big Data analytics provides the capability to analyze sets of unrelated data to find hidden and meaningful correlations and predict an individual’s future actions. Therefore, Big Data can alter trial preparation by opening up new sets of information for lawyers to analyze in the jury selection process. Privacy concerns may follow Big Data’s incorporation because Big Data aggregates an individual’s information and predicts future actions. This Comment details how Big Data will provide a net benefit to trial preparation. In ...


Newsroom: Monestier On Settlement Agreements, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Monestier On Settlement Agreements, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Requiring Plaintiffs To Prove Irreparable Harm: “It Isn’T Right.” (Herb Reed Enters, Llc V. Fla Entm’T Mgmt. Inc. (9th Cir.2013)), Anthony Kremer 2016 Student and Senior Editor for IPCLJ (2015-2016), University of Cincinnati College of Law

Requiring Plaintiffs To Prove Irreparable Harm: “It Isn’T Right.” (Herb Reed Enters, Llc V. Fla Entm’T Mgmt. Inc. (9th Cir.2013)), Anthony Kremer

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Walden V. Fiore And The Federal Courts: Rethinking Frcp 4(K)(1)(A) And Stafford V. Briggs, Daniel M. Klerman 2016 USC Law School

Walden V. Fiore And The Federal Courts: Rethinking Frcp 4(K)(1)(A) And Stafford V. Briggs, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

If it were not so common, the reasoning in Walden v. Fiore would seem bizarre: the jurisdiction of a federal court over a federal claim against a federal agent depends on how much power the constitution allows the state of Nevada. This strange result is, of course, the result of FRCP 4(k)(1)(A), which, in most cases, makes the jurisdiction of a federal district court co-extensive with the jurisdiction of a state court of general jurisdiction in the same district. Less obviously, the outcome in Walden v. Fiore reflects Stafford v. Briggs, which, contrary to the plain language ...


Jurisdiction, Choice Of Law And Property, Daniel M. Klerman 2016 USC Law School

Jurisdiction, Choice Of Law And Property, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

Jurisdiction and choice of law in property disputes has been remarkably stable. The situs rule, which requires adjudication where the property is located and application of that state’s law, remains the norm in most of the world. This article is the first to apply modern economic analysis to choice of law and jurisdiction in property disputes. It largely confirms the wisdom of the situs rule, but suggests some situations where other rules may be superior. For example, in disputes about stolen art, the state where the work was last undisputedly owned may be both the most efficient forum and ...


Rethinking Personal Jurisdiction, Daniel M. Klerman 2016 USC Law School

Rethinking Personal Jurisdiction, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

This article sets out a pragmatic justification for the main features of current personal jurisdiction doctrine. According to that justification, personal jurisdiction rules minimize litigation costs and bias. This approach to personal jurisdiction helps resolve difficult and open jurisdictional issues, such as the scope of general jurisdiction and the validity of jurisdiction based on the stream-of-commerce theory. This article then explores the empirical assumptions underlying this pragmatic explanation for current doctrine and shows how doctrine should change if those empirical assumptions were incorrect. For example, the Supreme Court’s “purposeful availment” requirement is justified only if the danger of bias ...


Joint And Several Jurisdiction, Scott Dodson, Philip Pucillo 2016 University of California Hastings College of Law

Joint And Several Jurisdiction, Scott Dodson, Philip Pucillo

Scott Dodson

Is federal diversity jurisdiction case-specific or claim-specific? Consider a state-law case in federal court between a Texas plaintiff and two defendants—one from California and the other from Texas. The complete-diversity rule taught to every first-year law student makes clear that, when the diversity defect is noted, the court lacks subject-matter jurisdiction over the action as a whole. The court cannot, therefore, proceed with either claim as long as the nondiverse claim remains. But does the court’s subject-matter jurisdiction nevertheless extend to the diverse claim, such that the case can continue if the spoiler is dismissed? This question is ...


Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank 2016 Michigan State University

Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank

Faculty Publications, Department of Psychology

Older adults are an increasingly relevant subpopulation for criminal justice policy but, as yet, are largely neglected in the relevant research. The current research addresses this by reporting on a psychometric evaluation of a measure of older adults’ Confidence in Legal Institutions (CLI). Confirmatory factor analysis (CFA) provided support for the unidimensionality and reliability of the measures. In addition, participants’ CLI was related to cynicism, trust in government, dispositional trust, age, and education, but not income or gender. The results provide support for the measures of confidence in the courts and law enforcement, so we present the scale as a ...


Internal Disciplinary Procedures – Internet And Social Media. Dilemmas Of Bilateral Relations, Adrian Berski 2016 Dublin Institute of Technology

Internal Disciplinary Procedures – Internet And Social Media. Dilemmas Of Bilateral Relations, Adrian Berski

Reports

Nowadays, Social Media and the Internet are useful and powerful tools within society. It provides great convenience to conduct activities within the job market such as: free web advertising, talent hunting or collecting precious marketing data. However, in some cases, Social Media and the Internet can be a “bone of contention” between the employer and employee relationship.

The main purpose of this essay is to demonstrate bilateral relations between internal disciplinary procedures between Companies and the Internet – Social Media, in light of the Unfair Dismissals Acts 1977-2007. It will be presented in relation to the following determinants[1]:

  • screening or ...


Privatizing Public Litigation, Margaret H. Lemos 2016 Duke Law School

Privatizing Public Litigation, Margaret H. Lemos

Faculty Scholarship

Government litigators increasingly use private resources—human and financial—to support their efforts in court. In some cases, government entities hire private lawyers to perform legal work on behalf of the government; in others, they draw on private donations to fund litigation; and in some cases they do both, relying on privately funded private lawyers to litigate cases in the government’s name. These mergers of public and private can be understood as part of broader trends toward the privatization of government services. This Article uses lessons from the privatization debates to illuminate the likely costs and benefits of bringing ...


How To Get Away With Career Murder: The Unconstitutional Blueprint For Systematically Purging Whistleblowers From U.S. Law Enforcement, Zena D. Crenshaw-Logal, Dr. Andrew D. Jackson, Dr. Sandra Nunn 2015 National Judicial Conduct and Disability Law Project, Inc.

How To Get Away With Career Murder: The Unconstitutional Blueprint For Systematically Purging Whistleblowers From U.S. Law Enforcement, Zena D. Crenshaw-Logal, Dr. Andrew D. Jackson, Dr. Sandra Nunn

Zena D. Crenshaw-Logal

Obviously U.S. state or federal prosecutors can be among the conspirators subjecting any given law enforcement whistleblower to retaliatory criminal prosecution.  In most instances such misdeeds are only under the color of law, i.e., they are the handy work of rogue government agents and do not constitute sovereign acts. However, according to the authors, an official or sovereign choice to “prefer” these oppressors is made each time a U.S. government agency opts not to thoroughly investigate their alleged whistleblower retaliation. The authors submit that all related convictions are accordingly void.  In addition to the “sworn public officer ...


Comin' Through The Rye: Conforming Tennessee's Summary Judgment Standard To Federal Law, Matthew Lyon, Judy M. Cornett, T. Mitchell Panter 2015

Comin' Through The Rye: Conforming Tennessee's Summary Judgment Standard To Federal Law, Matthew Lyon, Judy M. Cornett, T. Mitchell Panter

Matthew Lyon

Accepted for publication; forthcoming Summer 2016


Disruptions’ Function: A Defense Of (Some) Form Objections Under The Newly Amended Federal Rules Of Civil Procedure, Amir Shachmurove, Amir Shachmurove 2015 United States District Court, Middle District of Louisiana

Disruptions’ Function: A Defense Of (Some) Form Objections Under The Newly Amended Federal Rules Of Civil Procedure, Amir Shachmurove, Amir Shachmurove

Amir Shachmurove

Originally seen as a sharp and efficient instrument for the discovery of truth and the sifting of facts, the effectiveness of the oral deposition authorized by Federal Rule of Civil Procedure 30 and governed by sundry other provisions, observers would later conclude, had been dulled by the Rules’ middle-age. Repeated objections, often lengthy and suggestive, had apparently rendered depositions increasingly long and unproductive, and exchanges akin to the ones excerpted throughout this piece are no longer unusual. True, many depositions smoothly transpired. Still, pesky objections of dubious need and value, their exclamation inconsistent with the collegiality implicitly favored by the ...


Calibrating Participation: Reflections On Procedure Versus Procedural Justice, Elizabeth Chamblee Burch 2015 University of Georgia School of Law

Calibrating Participation: Reflections On Procedure Versus Procedural Justice, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully participate in litigating her rights is curtailed dramatically. Now it is the rare plaintiff who sues a nationwide (or worldwide) corporation in her home jurisdiction and is able to litigate and resolve her claims there. Although several factors play a role in this phenomenon, including tort reform efforts like the Class Action Fairness Act, one of the most significant factors is Supreme Court jurisprudence over the last ten years in the areas of arbitration, personal jurisdiction, pleading, and class actions. Of course, recent cases ...


Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey 2015 Nevada Law Journal

Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey

Nevada Supreme Court Summaries

The Court, sitting en banc, determined that by failing to answer questions from the jury that suggested confusion on a significant element of the law, failing to give an accomplice-distrust instruction, and by not bifurcating the guilt phase from the gang enhancement phase the district court violated the defendant’s right to a fair trial.


The Merits Of Third-Party Standing, Brian Charles Lea 2015 College of William & Mary Law School

The Merits Of Third-Party Standing, Brian Charles Lea

William & Mary Bill of Rights Journal

When can a litigant assert someone else’s rights in federal court? The courts currently purport to adhere to a “prudential” justiciability rule barring such “thirdparty standing.” But the Supreme Court has devised exceptions—jus tertii standing and First Amendment overbreadth—under which courts can ignore that rule. The Court has never explained the source of that remarkable judicial power to choose what rights litigants can assert. The doctrine of third-party standing is, in short, an undertheorized muddle. Thankfully, the Court suggested in its 2014 decision in Lexmark International, Inc. v. Static Control Components, Inc., that it might soon try ...


"Common Nucleus Of Operative Fact" And Defensive Set-Off: Beyond The Gibbs Test, William Fletcher 2015 University of California at Berkeley School of Law

"Common Nucleus Of Operative Fact" And Defensive Set-Off: Beyond The Gibbs Test, William Fletcher

William Fletcher

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


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