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Police Misconduct, Video Recording, And Procedural Barriers To Rights Enforcement, Howard M. Wasserman 2018 Florida International University College of Law

Police Misconduct, Video Recording, And Procedural Barriers To Rights Enforcement, Howard M. Wasserman

Howard M Wasserman

The story of police reform and of "policing the police" has become the story of video and video evidence, and "record everything to know the truth" has become the singular mantra. Video, both police-created and citizen-created, has become the singular tool for ensuring police accountability, reforming law enforcement, and enforcing the rights of victims of police misconduct. This Article explores procedural problems surrounding the use of video recording and video evidence to counter police misconduct, hold individual officers and governments accountable, and reform departmental policies, regulations, and practices. It considers four issues: 1) the mistaken belief that video can "speak ...


Justice Godfrey And The Rules: Procedure As Substance, L. Kinvin Wroth 2018 University of Maine School of Law

Justice Godfrey And The Rules: Procedure As Substance, L. Kinvin Wroth

Maine Law Review

At the end of 1994 Dean Edward S. Godfrey III stepped down from his teaching position as Professor Emeritus of the University of Maine School of Law. In honor of his service to Maine’s only law school, to the Maine Supreme Judicial Court, to the Maine Bar, and to the people of the State of Maine, the Board and Staff dedicate Volume 47 of the Maine Law Review to Dean Edward Godfrey. Reviews by Maine Law School faculty members of Dean Godfrey’s Law Court decisions in several areas of the law follow.


Fisco V. Department Of Human Services: The Inequity Of Equitable Defenses In Child Support Arrearage Cases, Rebecca C. Raskin 2018 University of Maine School of Law

Fisco V. Department Of Human Services: The Inequity Of Equitable Defenses In Child Support Arrearage Cases, Rebecca C. Raskin

Maine Law Review

On August 8, 1995, using a federal law targeting the most egregious deadbeat fathers, FBI agents arrested Jeffrey Nichols for failing to pay approximately $580,000 in child support. Although the law is fairly new, the problem of child support enforcement has troubled this country for decades. In the early 1970s, child support enforcement was so inadequate that the federal government spent $7.6 billion annually on welfare to provide for single parents. The government has tried to remedy the problem, but seventy-five percent of custodial mothers in this country continue either to lack child support orders or to receive ...


The Sleepwalker's Tour Of Divorce Law, John C. Sheldon 2018 University of Maine School of Law

The Sleepwalker's Tour Of Divorce Law, John C. Sheldon

Maine Law Review

It's amazing what you can learn about modern divorce law from Nicholas Copernicus and Johannes Kepler. Copernicus was the 16th century churchman who dared to suggest that the sun, not the earth, lies at the center of the solar system. Kepler was the early-17th century mathematician whose three laws of planetary motion provided the foundation for modern cosmology. Neither of these pioneers had a clue what he was doing. A study of recent procedures, decisions, and statutes in Maine divorce law suggests that nothing has changed since Copernicus. Koestler could have written the same book just by attending a ...


Basic Trial Advocacy, Michael W. Mullane 2018 University of Maine School of Law

Basic Trial Advocacy, Michael W. Mullane

Maine Law Review

Mary Crates taught me to “begin as you mean to go on.” Peter Murray's book is a good place to begin for those embarking on a life of trial advocacy. For those of us whose beginnings are distant and often painful memories, it is an excellent reminder of where we meant to go. Trial advocacy is an infinitely complex task. This simple fact is both its joy and curse. Teaching trial advocacy is equally difficult. There is no “never” and no “always.” There is a host of commonly accepted maxims, many of which are contradictory on their face and ...


Southworth V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 20 (Mar. 29, 2018), Lucy Crow 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Southworth V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 20 (Mar. 29, 2018), Lucy Crow

Nevada Supreme Court Summaries

The court determined that Justice Court Rule of Civil Procedure 98 requiring appeals in small claims court to be filed within five days was jurisdictional and mandatory. The district court cannot use its discretion to expand the time to appeal.


Technological Opacity & Procedural Injustice, Seth Katsuya Endo 2018 NYU School of Law

Technological Opacity & Procedural Injustice, Seth Katsuya Endo

Boston College Law Review

From Google’s auto-correction of spelling errors to Netflix’s movie suggestions, machine-learning systems are a part of our everyday life. Both private and state actors increasingly employ such systems to make decisions that implicate individuals’ substantive rights, such as with credit scoring, government-benefit eligibility decisions, national security screening, and criminal sentencing. In turn, the rising use of machine-learning systems has led to questioning about whether they are sufficiently accurate, fair, and transparent. This Article builds on that work, focusing on how opaque technologies can subtly erode the due process norm of participation. To illuminate this issue, this Article examines ...


The Decline Of Anglo-American Civil Jury Trial Practice, William V. Dorsaneo III 2018 Southern Methodist University, Dedman School of Law

The Decline Of Anglo-American Civil Jury Trial Practice, William V. Dorsaneo Iii

SMU Law Review

No abstract provided.


The Curious Origin Of Texas Pleading, Justice Jason Boatright 2018 Texas Court of Appeals for the Fifth Court of Appeals District

The Curious Origin Of Texas Pleading, Justice Jason Boatright

SMU Law Review

For 150 years, judges and legal scholars said that the Texas pleading system came from Spain. They explained that Mexico used a simple Spanish pleading system that English-speaking immigrants to Mexican Texas liked more than the complicated procedure they had known in the United States. After separating from Mexico, the story goes, Texas retained the Spanish system.

But that story is probably wrong. The Republic of Texas enacted its first pleading law in 1836. It does not look like Spanish pleading laws; it looks like an 1824 law written by Stephen F. Austin for his colony’s alcalde courts. Austin ...


No Public Benefits For Public Benefit: The Eleventh Circuit's Narrow Approach To Copyright Registration, Emily B. Tate 2018 Boston College Law School

No Public Benefits For Public Benefit: The Eleventh Circuit's Narrow Approach To Copyright Registration, Emily B. Tate

Boston College Law Review

In the 2017 case Fourth Estate Public Benefit Corporation v. Wall-Street.com, the United States Court of Appeals for the Eleventh Circuit held that before a plaintiff can bring a claim for copyright infringement under the 1976 Copyright Act, the United States Copyright Office (“Copyright Office”) must officially review the work submitted for registration, and the Register of Copyrights (“the Register”) must accept or refuse to register it. This ruling echoed the United States Court of Appeals for the Tenth Circuit’s similar finding in 2005 in La Resolana Architects, PA, v. Clay Realtors. In contrast, in 2004 and 2010 ...


Sometimes, Old Rules Know Best: Returning To Common Law Conceptions Of The Duty To Preserve In The Digital Information Age, Robert Keeling 2018 The Catholic University of America, Columbus School of Law

Sometimes, Old Rules Know Best: Returning To Common Law Conceptions Of The Duty To Preserve In The Digital Information Age, Robert Keeling

Catholic University Law Review

Courts and drafters of the Federal Rules of Civil Procedure have struggled to define a defendant’s duty to preserve electronically stored information for upcoming litigation. The current standard creates an unworkable standard. Defendants, especially corporations, are tasked with preserving immense amount of data before a suit is even filed. The costs, both financial and personnel, of complying with the current system are substantial. What’s more, defendants face serve sanctions, including hefty fines and adverse inference instructions, if they fail to preserve all the necessary data.

The lack of consistency across the Circuits as well as the substantial costs ...


The Proper Appellate Standard Of Review For Ptab Factual Findings Made Incidental To Claim Construction, A. David Brzozowski II 2018 The Catholic University of America, Columbus School of Law

The Proper Appellate Standard Of Review For Ptab Factual Findings Made Incidental To Claim Construction, A. David Brzozowski Ii

Catholic University Law Review

The America Invents Act (AIA) represents the most significant change to U.S. patent law since the 1952 Patent Act. Since its passage, the AIA has drawn wide support from the intellectual property community, primarily due to the new post-grant opposition proceedings the Act created.

However, certain aspects of the new system created by the AIA are controversial. Specifically, judges and practitioners alike debate which standard of review courts should apply to the factual findings made by the Patent Trial and Appeals Board (PTAB) during these opposition proceedings. While the Federal Circuit has reviewed all factual findings made at the ...


National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack 2018 Alexander Blewett III School of Law at the University of Montana

National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack

Public Land and Resources Law Review

In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision ...


Long V. Long: Law Court Ruling Changes The Disposition Of Joint Real Property On Divorce, Marc J. Veilleux 2018 University of Maine School of Law

Long V. Long: Law Court Ruling Changes The Disposition Of Joint Real Property On Divorce, Marc J. Veilleux

Maine Law Review

In Long v. Long the Maine Supreme Judicial Court, sitting as the Law Court, affirmed a district court divorce decree dividing the parties' residence of thirteen years as marital property, even though the majority of the funds used for its purchase were traceable to non-marital property the husband had acquired prior to the marriage. The governing statute instructed the district court to make an “equitable” disposition of all property acquired by the spouses during marriage, but required that it first “set apart to each spouse the spouse's [separate] property,” including property acquired during marriage by a spouse “in exchange ...


A “Procedural Nightmare”: Dueling Courts And The Application Of The First-Filed Rule, Andrew Fuller 2018 University of Florida Levin College of Law

A “Procedural Nightmare”: Dueling Courts And The Application Of The First-Filed Rule, Andrew Fuller

Florida Law Review

Pretend that Party A sues Party B in Court 1. Instead of countersuing, however, B then sues A in Court 2. The problem this Note examines is whether Court 1 may enjoin B from continuing to litigate in Court 2 if Court 2 has already declined to stay the case or transfer it to Court 1. This question has sharply divided the U.S. Circuit Courts of Appeal. How the issue is resolved will have serious consequences for high-stakes litigation in the United States. If one district court may overrule a court of coordinate rank, strategically sophisticated parties might file ...


Fraudulent Aggregation: The Effect Of Daimler And Walden On Mass Litigation, Jeff Lingwall, Chris Wray 2018 University of Florida Levin College of Law

Fraudulent Aggregation: The Effect Of Daimler And Walden On Mass Litigation, Jeff Lingwall, Chris Wray

Florida Law Review

This Article examines the effect of the U.S. Supreme Court’s jurisdictional tightening in Daimler and Walden on mass litigation. This Article shows how the Supreme Court’s changes to general and specific jurisdiction, considered together, end the practice of tactically allocating non-diverse plaintiffs across state lines to defeat diversity jurisdiction in nationwide litigation, a doctrine this Article terms fraudulent aggregation. This Article places the doctrine of fraudulent aggregation in the context of fraudulent joinder, the emerging doctrine of fraudulent misjoinder, and other attempts to avoid federal court jurisdiction through artful pleading. Examples from recent products liability litigation show ...


Byte Marks: Making Sense Of New F.R.C.P. 37(E), Charles Yablon 2018 University of Florida Levin College of Law

Byte Marks: Making Sense Of New F.R.C.P. 37(E), Charles Yablon

Florida Law Review

New FRCP 37(e) limits severe, case ending sanctions for lost electronically stored information (ESI) to situations where a party acted with “intent to deprive” other parties of the use of that information. But it makes no change in existing preservation duties and never explains how “intent” is to be determined for the corporation and other entities likely to be parties in such litigation. The question is—does this Rule make any sense? This Essay seeks to make sense of Rule 37(e) in terms of its language, the stated goals of its drafters, and its role in the regulation ...


To Understand Us V. Microsoft, Consider 'Acme V. Shamrock', Peter B. Rutledge, Amanda W. Newton 2018 University of Georgia Law School

To Understand Us V. Microsoft, Consider 'Acme V. Shamrock', Peter B. Rutledge, Amanda W. Newton

Popular Media

The February 27, 2018, Supreme Court argument in United States v. Microsoft Corp. raises profound questions about issues of executive power, corporate governance, technology, judicial power and international affairs. At stake for the government is the scope of its investigative authority to obtain information located in a foreign country, irrespective of that country’s laws. At stake for Microsoft is its ability to organize its international corporate affairs and the predictability of the laws that will govern those affairs. This article analyzes the potential effects of this critical Supreme Court case.


Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse, Brandon M. Reed 2018 Georgia State University College of Law

Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse, Brandon M. Reed

Georgia State University Law Review

Enhanced damages in patent law are a type of punitive damage that can be awarded in the case of “egregious misconduct” during the course of patent infringement. Authorization for enhanced damages comes from 35 U.S.C. § 284, which allows the district court to increase total damages up to three times the amount of actual damages found by the jury. It is well understood that, since enhanced damages are punitive in nature, enhancement should only be considered for cases of “wanton” or “deliberate” infringement. However, determining what constitutes this “egregious” misconduct has vastly transformed over time to include a negligence ...


Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff 2018 University of Pennsylvania Law School

Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff

Faculty Scholarship

After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the American Pipe doctrine an active part of its docket. American Pipe addresses the tolling of statutes of limitations in federal class action litigation. When plaintiffs file a putative class action in federal court and class certification is denied, absent members of the putative class may wish to pursue their claims in some kind of further proceeding. If the statute of limitations would otherwise have expired while the class certification issue was being resolved, these claimants may need the benefit of ...


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