Summary Of Arguello V. Sunset Station, Inc., 127 Nev. Adv. Op. No. 29,
2011
Nevada Law Journal
Summary Of Arguello V. Sunset Station, Inc., 127 Nev. Adv. Op. No. 29, Charles Gianelloni
Nevada Supreme Court Summaries
Appeal from a district court summary judgment in a tort action.
Summary Of Lund V. Dist. Ct., 127 Nev. Adv. Op. No. 28,
2011
Nevada Law Journal
Summary Of Lund V. Dist. Ct., 127 Nev. Adv. Op. No. 28, Ryan Johnson
Nevada Supreme Court Summaries
A petition for a writ of mandamus directing the district court to vacate its order dismissing petitioner’s counterclaims that added new parties to the action and to reinstate those counterclaims.
The Limits Of Procedural Private Ordering,
2011
University of Georgia School of Law
The Limits Of Procedural Private Ordering, Jaime L. Dodge
Scholarly Works
Civil procedure is traditionally conceived of as a body of publicly-set rules, with limited carve-outs – most commonly, forum selection and choice of law provisions. I argue that these terms are mere instantiations of a broader, unified phenomenon of procedural private ordering, in which civil procedure is no longer irrevocably defined by law, but instead is a mere default that can be waived or modified by contract. Parties are no longer merely selecting between publicly-created procedural regimes but customizing the rules of procedure to be applied by the court – from statutes of limitations, discovery obligations and the admissibility of …
Asymmetrical Jurisdiction,
2011
University of Georgia School of Law
Asymmetrical Jurisdiction, Matthew I. Hall
Scholarly Works
Most people — and most lawyers — would assume that the U.S. Supreme Court has jurisdiction to review any determination of federal law by an inferior court, whether state or federal. And there was a time when it was so. But the Court’s recent justiciability decisions have created a perplexing jurisdictional gap — a set of cases in which state court determinations of federal law are immune from the Supreme Court’s appellate jurisdiction. The Court has thus surrendered a portion of its supremacy and thereby undermined the policies that underlie its appellate jurisdiction.
In an effort to address this problem, …
Summary Of Sparks V. Alpha Tau Omega, 127 Nev. Adv. Op. No. 23,
2011
Nevada Law Journal
Summary Of Sparks V. Alpha Tau Omega, 127 Nev. Adv. Op. No. 23, Cristen Thayer
Nevada Supreme Court Summaries
Appeal from two district court orders granting summary judgment in favor of multiple defendants in a tort action.
Seeking A Common Language For The Application Of Rule 11 Sanctions: What Is "Frivolous"?,
2011
Touro Law Center
Seeking A Common Language For The Application Of Rule 11 Sanctions: What Is "Frivolous"?, Samuel J. Levine
Samuel J. Levine
In this article, Levine analyzes some of the complex issues involved in attempting to apply the ambiguous concept of frivolousness in the context of Rule 11 sanctions. He documents the inconsistency in judicial interpretation and application of Rule 11 frivolousness. Relying in part on the observations and concerns expressed by scholars, practitioners, and judges themselves who have lamented the lack of uniformity and the troubling results that have followed, Levine examines closely some of the problems inherent in the current standards. After demonstrating the wide range of approaches put forth by both judges and scholars to the interpretation of Rule …
Responding To The Loss Of An En Banc Quorum (Update: Prawfsblawg Gets Results!?),
2011
William & Mary Law School
Responding To The Loss Of An En Banc Quorum (Update: Prawfsblawg Gets Results!?), Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Summary Of Ruiz V. City Of North Las Vegas, 127 Nev. Adv. Op. No. 20,
2011
Nevada Law Journal
Summary Of Ruiz V. City Of North Las Vegas, 127 Nev. Adv. Op. No. 20, Christian Balducci
Nevada Supreme Court Summaries
An appeal from the District Court’s dismissal of a petition to vacate an arbitration decision because the petitioner lacked standing.
Deferring To Agency Amicus Briefs That Present New Guidance,
2011
William & Mary Law School
Deferring To Agency Amicus Briefs That Present New Guidance, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Similarities Between Arbitration And Bankruptcy Litigation,
2011
University of Kansas
Similarities Between Arbitration And Bankruptcy Litigation, Stephen Ware
Stephen Ware
Waiting For Davis V. United States -- Or Not Waiting,
2011
William & Mary Law School
Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?,
2011
William & Mary Law School
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Summary Of Valley Health System V. District Court, 127 Nev. Adv. Op. No. 15,
2011
Nevada Law Journal
Summary Of Valley Health System V. District Court, 127 Nev. Adv. Op. No. 15, Ryan Johnson
Nevada Supreme Court Summaries
The Court hears a motion for a writ of mandamus to vacate a district court order. The district court order adopted a discovery commission report compelling production of requested documents.
At&T'S Long Game On Unconscionability,
2011
William & Mary Law School
At&T'S Long Game On Unconscionability, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
At&T V. Concepcion And Adherence To Minority Views,
2011
William & Mary Law School
At&T V. Concepcion And Adherence To Minority Views, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Rodney King And The Decriminalization Of Police Brutality In America: Direct And Judicial Access To The Grand Jury As Remedies For Victims Of Police Brutality When The Prosecutor Declines To Prosecute,
2011
Touro Law Center
Rodney King And The Decriminalization Of Police Brutality In America: Direct And Judicial Access To The Grand Jury As Remedies For Victims Of Police Brutality When The Prosecutor Declines To Prosecute, Peter L. Davis
Peter L. Davis
This Article begins with the premise that, despite political rhetoric and occasional prosecutions to the contrary, police brutality has been effectively decriminalized in this country. The Article adopts the Rodney King case as the paradigm for examining this phenomenon. Scrutinizing the culture and semantics of police brutality, the author concludes that a double standard of criminality exists in the United States, under which different rules apply to a police than to everyone else. This double standard is socially dysfunctional. Particularly among minorities, it leads to a sense of cynicism about our legal system that can result in civil disorder when …
Consideraciones Entorno A La Idea Del Estándar De Convicción En El Proceso Civil / Some Thoughts About The Standard Of Proof In Civil Proceedings,
2011
Universidad Diego Portales
Consideraciones Entorno A La Idea Del Estándar De Convicción En El Proceso Civil / Some Thoughts About The Standard Of Proof In Civil Proceedings, Claudio Fuentes Maureira
Claudio Fuentes Maureira
The paper’s main goal is to present to the Chilean legal community the concept and role of the standard of proof. Chile’s evidentiary system is derived from the Spanish legal tradition and specially the legal regulation of the evidence, in terms of its admissibility but also in terms of its weight. A concept of the standard was not needed until the judicial world start dealing with new evidentiary principles such us the free proof and sound criticism of the evidence.
In general terms the idea of the standard of proof pretends to answer a specific question: How much evidence is …
A Moral Rights Theory Of Private Law,
2011
DePaul University College of Law
A Moral Rights Theory Of Private Law, Andrew S. Gold
William & Mary Law Review
Private law—the law of torts, contracts, and property—is at an interpretive impasse. The two leading conceptual theories of private law—corrective justice and civil recourse theories—both suffer from significant weaknesses. Given these concerns, private law may even seem incoherent. The problem is not insurmountable, however. This Article offers a new way to understand private law. I will argue that private law is best understood as a means for individuals to exercise their moral enforcement rights.
Moral enforcement rights exist when an individual may legitimately use coercion to force another individual to comply with his or her moral duties. Not all interpersonal …
Making Appearances Matter: Recusal And The Appearance Of Bias,
2011
Brigham Young University Law School
Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam
BYU Law Review
No abstract provided.
Reaping The Benefits Of Class Cerification: How And When Should "Significant Proof" Be Required Post-Dukes?,
2011
Brigham Young University Law School
Reaping The Benefits Of Class Cerification: How And When Should "Significant Proof" Be Required Post-Dukes?, Julie Slater
BYU Law Review
No abstract provided.
