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2,871 full-text articles. Page 1 of 56.

Don’T Forget About The Jury: Advice For Civil Litigators And Criminal Prosecutors On Differences In State And Federal Courts In New York, Ariel Atlas 2015 Cornell Law School

Don’T Forget About The Jury: Advice For Civil Litigators And Criminal Prosecutors On Differences In State And Federal Courts In New York, Ariel Atlas

Cornell Law Library Prize for Exemplary Student Research Papers

In civil cases, forum selection has become an integral part of litigation strategy. Plaintiffs have the initial choice of where to file a complaint, and thus where to begin a lawsuit. Defendants have the power to remove cases, under circumstances prescribed by statute, from state court to federal court. Many factors enter into the decision of where to file a complaint or whether to remove a case including convenience, applicable law, and suspected biases. But what about the jury? Should a plaintiff consider characteristics of the jury when deciding where to file a complaint or a defendant in a civil ...


Suprema Decidirá Sobre Propiedad, Fort Ninamancco Córdova 2015 Universidad Nacional Mayor de San Marcos

Suprema Decidirá Sobre Propiedad, Fort Ninamancco Córdova

Fort Ninamancco Cordova

Nota del diario oficial "El Peruano" sobre el VII Pleno Casatorio Civil, de fecha 22 de julio de 2015, donde se cubre mi participación como Amicus Curiae. Cabe aclarar que no tengo la calidad de procesalista, puesto que mi especialidad es Derecho Civil.


Loss Causation, Economic Loss Rules And Offset Defenses – Dismissal Motion Practice After Acticon A.G. V. China North East Petroleum Holdings Ltd., Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor 2015 Touro College Jacob D. Fuchsberg Law Center

Loss Causation, Economic Loss Rules And Offset Defenses – Dismissal Motion Practice After Acticon A.G. V. China North East Petroleum Holdings Ltd., Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor

Touro Law Review

No abstract provided.


Anarquismo Judicial E Segurança Jurídica, Ivo T. Gico Jr. 2015 UniCeuB

Anarquismo Judicial E Segurança Jurídica, Ivo T. Gico Jr.

Ivo Teixeira Gico Jr.

A partir de uma interpretação da segurança jurídica como uma forma de capital, o capital jurídico, explora-se as consequências sociais da ausência de mecanismos de coordenação entre magistrados para a formação e manutenção de jurisprudência, em especial, o anarquismo judicial. Utilizando-se um modelo agente-principal, demonstra-se que os magistrados brasileiros não possuem incentivos e mecanismos suficientes para investir em capital jurídico e uniformizar regras jurídicas. A insegurança jurídica resultante gera incentivos para a sobreutilização dos tribunais, resultando no problema endêmico de congestionamento.


Mi Designación Como Amicus Curiae: Comunicación Oficial., Fort Ninamancco Córdova 2015 Universidad Nacional Mayor de San Marcos

Mi Designación Como Amicus Curiae: Comunicación Oficial., Fort Ninamancco Córdova

Fort Ninamancco Cordova

Comunicado oficial, vía correo electrónico de fecha 08 de julio de 2015, en el cual se me informa de mi designación como Amicus Curiae del VII Pleno Casatorio Civil, y se hace la invitación correspondiente. Cabe precisar que el Pleno Casatorio fue oficialmente convocado por la Sala Civil Permanente de la Corte Suprema.


Forum Selling, Daniel M. Klerman, Greg Reilly 2015 USC Law School

Forum Selling, Daniel M. Klerman, Greg Reilly

University of Southern California Legal Studies Working Paper Series

Forum shopping is problematic because it may lead to forum selling. For diverse motives, including prestige, local benefits, or re-election, some judges want to hear more cases. When plaintiffs have wide choice of forum, such judges have incentives to make the law more pro-plaintiff, because plaintiffs choose the court. While only a few judges may be motivated to attract more cases, their actions can have large effects, because their courts will attract a disproportionate share of cases. For example, judges in the Eastern District of Texas have distorted the rules and practices relating to case assignment, joinder, discovery, transfer, and ...


Newsroom: Margulies On 'Ghostwriting', Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Margulies On 'Ghostwriting', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Summary Of State V. Beaudion, 131 Nev. Adv. Op. No. 48 (Jul. 2, 2015), Michael S. Valiente 2015 Nevada Law Journal

Summary Of State V. Beaudion, 131 Nev. Adv. Op. No. 48 (Jul. 2, 2015), Michael S. Valiente

Nevada Supreme Court Summaries

NRS 172.241 affords the target of a grand jury investigation the opportunity to testify before them unless, after holding “a closed hearing on the matter,” the district court determines that adequate cause exists to withhold target notice. NRS 172.241(3) specifies that “[t]he district attorney may apply to the court for a determination that adequate cause exists to withhold notice, if the district attorney.... [d]etermines” that the target poses a flight risk, cannot be located or, as relevant here, “that the notice may endanger the life or property of other persons.” Accordingly, NRS 172.241’s ...


Summary Of Biscay V. Mgm Resorts Int’L., 131 Nev. Adv. Op. 46 (July 2, 2015), Patrick Phippen 2015 Nevada Law Journal

Summary Of Biscay V. Mgm Resorts Int’L., 131 Nev. Adv. Op. 46 (July 2, 2015), Patrick Phippen

Nevada Supreme Court Summaries

The Court concluded dismissal is not proper under NRS 18.130(4) when a non-resident plaintiff files security with the court clerk for the defendant’s costs when the required security is filed any time prior to the action being dismissed.


Rules Of Evidence For Your First Federal Or New York Trial, Gerald Lebovits 2015 Columbia, Fordham & NYU Law Schools

Rules Of Evidence For Your First Federal Or New York Trial, Gerald Lebovits

Gerald Lebovits

No abstract provided.


The Curious, Perjurious Requirements Of Illinois Supreme Court Rule 12(B)(3)., Wm. Dennis Huber 2015 Capella University

The Curious, Perjurious Requirements Of Illinois Supreme Court Rule 12(B)(3)., Wm. Dennis Huber

Wm. Dennis Huber

A 2010 survey of Illinois Civil Procedure discussed recent amendments to the Illinois Supreme Court Rules that apply to civil practice issues.1 The survey began with Notices of Appeal and a substantial part of the survey of Notices of Appeal was devoted to Secura Insurance Co. v. Illinois Farmers Insurance Co.2 The purpose of this Article is to examine in greater depth the requirements of filing notices of appeal under Illinois Supreme Court Rule 12(b)(3) and the corresponding proof of service of Rule 373.

Illinois Supreme Court Rule 12(b)(3) has what can only be ...


Drafting New York Civil-Litigation Documents: Part Xliii—Motions For Attorney Fees, Gerald Lebovits 2015 Columbia, Fordham & NYU Law Schools

Drafting New York Civil-Litigation Documents: Part Xliii—Motions For Attorney Fees, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Daimler Ag V. Bauman: A New Era For Judicial Jurisdiction In The United States, Linda J. Silberman 2015 New York University School of Law

Daimler Ag V. Bauman: A New Era For Judicial Jurisdiction In The United States, Linda J. Silberman

New York University Public Law and Legal Theory Working Papers

In this article written primarily for a European audience, Professor Silberman discusses the Supreme Court’s 2014 decision in Daimler AG v. Bauman that redefined the constitutional limitations on general personal jurisdiction – holding that a corporation must be sued “at home” unless the claims being asserted relate to the corporation’s activity in the forum state. Professor Silberman highlights the significance of the decision for transnational cases, including the jurisdictional implications for foreign parent corporations and their subsidiaries. She draws comparisons with the European approach to jurisdiction under the European Regulation (now the Brussels Recast) and explains why the overall ...


Summary Of Lisle V. State, 131 Nev. Adv. Op. 39 (June 25, 2015), Adam Wynott 2015 Nevada Law Journal

Summary Of Lisle V. State, 131 Nev. Adv. Op. 39 (June 25, 2015), Adam Wynott

Nevada Supreme Court Summaries

The Court held that the petitions filed by the appellant, Kevin James Lisle (Lisle), were procedurally barred. The Court determined that a petitioner cannot present new evidence of mitigating circumstances in order to prove actual innocence of the death penalty. The Court determined that the claims of Lisle did not warrant relief and upheld the district court ruling.


Mixing Law And Equity Causes Of Action Does Not Preclude A Jury Trial, Philip M. Halpern 2015 Collier, Halpern, Newberg & Nolletti, LLP

Mixing Law And Equity Causes Of Action Does Not Preclude A Jury Trial, Philip M. Halpern

Pace Law Review

This article addresses the issue of the preclusion of jury trials in actions which contemplate both legal and equitable relief. Part II of this article addresses the constitutional and statutory history of New York Civil Practice Law and Rules (“CPLR”) Section 4101 concerning issues triable by a jury and the dichotomy between those actions triable by a jury and equitable actions triable by the court alone. Part III of this article addresses the interplay between CPLR Sections 4101 and 4102, concerning demand and waiver of trial by jury, and the analysis developed by the courts to determine whether a jury ...


Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang 2015 University of Pennsylvania Law School

Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang

Faculty Scholarship

In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented 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 ...


Updating Priest And Klein, Yoon-Ho Alex Lee, Daniel M. Klerman 2015 USC Gould School of Law

Updating Priest And Klein, Yoon-Ho Alex Lee, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

In their 1984 article, “The Selection of Disputes for Litigation,” Priest and Klein famously hypothesized a “tendency toward 50 percent plaintiff victories” among litigated cases. Nevertheless, many scholars doubt the validity of their conclusions, because the model they relied upon does not meet modern standards of rigor. This article updates the Priest-Klein model by considering three modifications. First, we raise a novel critique of the Priest-Klein model—that it is non-Bayesian—and show that most of the results of Priest and Klein (1984) pertaining to limits nevertheless remain valid under a modified model in which parties use Bayes’ rule to ...


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

The Priest-Klein Hypotheses: Proofs And Generality, 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 two main contributions. First, it distinguishes six distinct hypotheses plausibly attributable to Priest and Klein. Second, it mathematically proves or disproves the hypotheses under a formalized and generalized version of Priest and Klein’s model. The Fifty-Percent Limit Hypothesis and three other hypotheses attributable to Priest and Klein (1984) are mathematically ...


Personal Jurisdiction: A Doctrinal Labyrinth With No Exit, Simona Grossi 2015 University of Akron

Personal Jurisdiction: A Doctrinal Labyrinth With No Exit, Simona Grossi

Akron Law Review

No abstract provided.


Summary Of Provincial Gov’T Of Marinduque V. Placer Dome, Inc., 131 Nev. Adv. Op. 63076 (June 11, 2015), Stacy Newman 2015 Nevada Law Journal

Summary Of Provincial Gov’T Of Marinduque V. Placer Dome, Inc., 131 Nev. Adv. Op. 63076 (June 11, 2015), Stacy Newman

Nevada Supreme Court Summaries

The Court affirmed the district court's order dismissing the complaint for forum non conveniens. The Court found the lower court properly gave less deference to the respondent’s choice of a Nevada forum and did not abuse its discretion by dismissing the case because the case lacked any bona fide connection to this state, adequate alternative fora existed, and the burdens of litigating in Nevada outweighed any convenience to the respondent. Furthermore, the Court held the district court imposed appropriate conditions on dismissal to ensure the existence of an adequate alternative forum for this litigation.


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