Diversity And The Civil Jury, 2014 William & Mary Law School
Diversity And The Civil Jury, Christina S. Carbone, Victoria C. Plaut
William & Mary Law Review
No abstract provided.
Opening Remarks, 2014 William & Mary Law School
The Jury As A Political Institution: An Internal Perspective, 2014 William & Mary Law School
The Jury As A Political Institution: An Internal Perspective, Robert P. Burns
William & Mary Law Review
In this Essay, I will briefly describe some of the more obvious ways in which the jury has been considered a political institution. I will then discuss the senses in which we can understand the term “political” in the context of the American jury trial. I will describe the senses in which Hannah Arendt, perhaps the most important political philosopher of the twentieth century, tried to distinguish between “the political” and the “the legal” and the limitations of any such distinction. I will then turn to the heart of this Essay, a description of the ways in which the American …
Embedded Experts On Real Juries: A Delicate Balance, 2014 William & Mary Law School
Embedded Experts On Real Juries: A Delicate Balance, Shari Seidman Diamond, Mary R. Rose, Beth Murphy
William & Mary Law Review
“Experts” appear in the modern American courtroom on the jury as well as in the witness box, posing a dilemma for the legal system by offering a potentially valuable resource and an uncontrolled source of influence. Courts give ambiguous guidance to jurors on how they should handle their expertise in the deliberation room. On the one hand, jurors are told that they should “decide what the facts are from the evidence presented here in court.” By direct implication, then, jurors should not use outside information to evaluate the evidence. Jurors are also told, however, that they should “consider all of …
Juries As Regulators Of Last Resort, 2014 William & Mary Law School
Juries As Regulators Of Last Resort, Stephan Landsman
William & Mary Law Review
No abstract provided.
Political Decision Making By Informed Juries, 2014 William & Mary Law School
Political Decision Making By Informed Juries, William E. Nelson
William & Mary Law Review
No abstract provided.
Second-Order Diversity Revisited, 2014 William & Mary Law School
Second-Order Diversity Revisited, Jeffrey Abramson
William & Mary Law Review
No abstract provided.
An Exploration Of "Noneconomic" Damages In Civil Jury Awards, 2014 William & Mary Law School
An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar
William & Mary Law Review
No abstract provided.
Restoring The Civil Jury's Role In The Structure Of Our Government, 2014 William & Mary Law School
Restoring The Civil Jury's Role In The Structure Of Our Government, Sheldon Whitehouse
William & Mary Law Review
No abstract provided.
New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part Ii, 2014 Columbia, Fordham & NYU Law Schools
New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part Ii, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Drafting New York Civil-Ligation Documents: Part Xxxi—Subpoenas Continued, 2014 Columbia, Fordham & NYU Law Schools
Drafting New York Civil-Ligation Documents: Part Xxxi—Subpoenas Continued, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Trans-Substantivity And The Processes Of American Law, 2014 Brigham Young University Law School
Trans-Substantivity And The Processes Of American Law, David Marcus
BYU Law Review
The term “trans-substantive” refers to doctrine that, in form and manner of application, does not vary from one substantive context to the next. Trans-substantivity has long influenced the design of the law of civil procedure, and whether the principle should continue to do so has prompted a lot of debate among scholars. But this focus on civil procedure is too narrow. Doctrines that regulate all the processes of American law, from civil litigation to public administration, often hew to a trans-substantive norm. This Article draws upon administrative law, the doctrine of statutory interpretation, and the law of civil procedure to …
Summary Of Gunderson V. D.R. Horton, Inc., 130 Nev. Adv. Op. 9, 2014 Nevada Law Journal
Summary Of Gunderson V. D.R. Horton, Inc., 130 Nev. Adv. Op. 9, Michael Bowman
Nevada Supreme Court Summaries
The Court determined three issues, whether the district court abused its discretion by: (1) denying a motion for a new trial due to claims of attorney misconduct; (2) not granting sanctions under NCRP 68 and NRS 17.115 ; and/or (3) not considering apportioning sanctions.
Recent Reforms In Eu Law: Recognition And Enforcement Of Judgments, 2014 University of Akron
Recent Reforms In Eu Law: Recognition And Enforcement Of Judgments, Samuel P. Baumgartner
Akron Law Faculty Publications
The European Union has just adopted a set of amendments to the Brussels I Regulation, which governs jurisdiction to adjudicate, parallel proceedings, and the recognition and enforcement of foreign judgments. This article discusses the Regulation and the adopted amendments regarding the recognition and enforcement of judgments and argues that these amendments are part of a deeper set of structural and conceptual changes in the law of transnational litigation in the European Union over the last two decades. The article concludes with an analysis of both the amendments and the underlying changes for litigants and law reformers in the United States, …
Recent Reforms In Eu Law: Recognition And Enforcement Of Judgments, 2014 University of Akron
Recent Reforms In Eu Law: Recognition And Enforcement Of Judgments, Samuel P. Baumgartner
Samuel P. Baumgartner
The European Union has just adopted a set of amendments to the Brussels I Regulation, which governs jurisdiction to adjudicate, parallel proceedings, and the recognition and enforcement of foreign judgments. This article discusses the Regulation and the adopted amendments regarding the recognition and enforcement of judgments and argues that these amendments are part of a deeper set of structural and conceptual changes in the law of transnational litigation in the European Union over the last two decades. The article concludes with an analysis of both the amendments and the underlying changes for litigants and law reformers in the United States, …
Changing Your Name In New York: A Guide For Attorneys And The Self-Represented—Part Iii, 2014 Columbia, Fordham & NYU Law Schools
Changing Your Name In New York: A Guide For Attorneys And The Self-Represented—Part Iii, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part I, 2014 Columbia, Fordham & NYU Law Schools
New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part I, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Drafting New York Civil-Litigation Documents: Part Xxx—Subpoenas, 2014 Columbia, Fordham & NYU Law Schools
Drafting New York Civil-Litigation Documents: Part Xxx—Subpoenas, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Summary Of Recontrust Co. V. Zhang, 130 Nev. Adv. Op. 1, 2014 Nevada Law Journal
Summary Of Recontrust Co. V. Zhang, 130 Nev. Adv. Op. 1, Patrick Opdyke
Nevada Supreme Court Summaries
The Court determined whether a district court may consider an equitable subrogation claim upon remand when the district court previously resolved the case on other, later-reversed grounds, and the Supreme Court panel’s orders for remand were silent on the matter.
Getting Serious: Why Companies Must Adopt Information Governance Measures To Prepare For The Upcoming Changes To The Federal Rules Of Civil Procedure, 2014 University of Richmond
Getting Serious: Why Companies Must Adopt Information Governance Measures To Prepare For The Upcoming Changes To The Federal Rules Of Civil Procedure, Philip J. Favro
Richmond Journal of Law & Technology
[W]ithout a corresponding change in discovery culture by courts, counsel and clients alike, the proposed rules modifications will likely have little to no effect on the manner in which discovery is conducted today.