I Could Have Been A Contender: Summary Jury Trial As A Means To Overcome Iqbal's Negative Effects Upon Pre-Litigation Communication, Negotiation And Early, Consensual Dispute Resolution, 2010 Texas A&M University School of Law
I Could Have Been A Contender: Summary Jury Trial As A Means To Overcome Iqbal's Negative Effects Upon Pre-Litigation Communication, Negotiation And Early, Consensual Dispute Resolution, Nancy A. Welsh
Faculty Scholarship
With its recent decisions in Ashcroft v. Iqbal and Bell Atlantic v. Twombly, the Supreme Court may be intentionally or unintentionally “throwing the fight,” at least in the legal contests between many civil rights claimants and institutional defendants. The most obvious feared effect is reduction of civil rights claimants’ access to the expressive and coercive power of the courts. Less obviously, the Supreme Court may be effectively undermining institutions’ motivation to negotiate, mediate - or even communicate with and listen to - such claimants before they initiate legal action. Thus, the Supreme Court’s recent decisions have the potential to deprive …
Summary Of Foster V. Dingwall, 126 Nev. Adv. Op. No. 5, 2010 Nevada Law Journal
Summary Of Foster V. Dingwall, 126 Nev. Adv. Op. No. 5, Anthony R. Sassi
Nevada Supreme Court Summaries
The Court clarifies and explains the procedure announced in Huneycutt v. Huneycutt 2 for seeking a remand to the district court to alter, vacate, or otherwise modify or change a district court order or judgment after an appeal to the Supreme Court has been perfected. Additionally, the Court explains that the perfection of the appeal does not toll the six-month period for seeking NRCP 60(b)(2) relief.
Does Ccp 917.1 Require An Undertaking To Stay A “Costs Only” Judgment ?, 2010 Law Office of Steven J. Andre
Does Ccp 917.1 Require An Undertaking To Stay A “Costs Only” Judgment ?, Steven J. Andre
Steven J. Andre
No abstract provided.
Trivia From The Supreme Court Order List, 2010 William & Mary Law School
Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
The Irrepressible Myth Of Klein, 2010 Florida International University College of Law
The Irrepressible Myth Of Klein, Howard M. Wasserman
Howard M Wasserman
The Reconstruction-era case of United States v. Klein remains the object of a “cult” among commentators and advocates, who see it as a powerful separation of powers precedent. In fact, Klein is a myth—actually two related myths. One is that it is opaque and meaninglessly indeterminate because, given its confusing and disjointed language, its precise doctrinal contours are indecipherable; the other is that Klein is vigorous precedent, likely to be used by a court to invalidate likely federal legislation. Close analysis of Klein, its progeny, and past scholarship uncovers three identifiable core limitations on congressional control over the workings of …
Deciding When To Decide - Appellate Procedure And Legal Change, 2010 William & Mary Law School
Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Derecho De La Seguridad Social En México, 2010 ITESM Campus Puebla
Derecho De La Seguridad Social En México, Bruno L. Costantini García
Bruno L. Costantini García
Breve presentación del Derecho de la Segurida Social en México.
¿Qué es?
¿Cómo funciona?
¿Su aplicación?
Law Day Oral Argument Session Fifth District Court Of Appeal, 2010, 2010 Florida A&M University College of Law
Law Day Oral Argument Session Fifth District Court Of Appeal, 2010, Honorable William D. Palmer, Chief Judge, Honorable Bruce Jacobus, Honorable C. Alan Lawson
Law Day Presentations
As part of Law Day activities, a three judge panel hear appellate oral arguments on a first-degree murder case, a contract dispute, and a sexual battery and false imprisonment case, in the FAMU College of Law's Ceremonial Moot Courtroom. The Court entertains questions from the gallery regarding the appellate process and organization of the appellate court following each argument.
Summary Of Dictor V. Creative Mgmt. Servs., Llc, 126 Nev. Adv. Op. No. 4, 2010 Nevada Law Journal
Summary Of Dictor V. Creative Mgmt. Servs., Llc, 126 Nev. Adv. Op. No. 4, Tenesa S. Scaturro
Nevada Supreme Court Summaries
Appeal of district court order granting summary judgment.
What's Past Is Prologue? Why The Prison Litigation Reform Act Does Not—And Should Not—Classify Punitive Damages As Prospective Relief, 2010 University of Washington School of Law
What's Past Is Prologue? Why The Prison Litigation Reform Act Does Not—And Should Not—Classify Punitive Damages As Prospective Relief, Lisa Benedetti
Washington Law Review
The Prison Litigation Reform Act of 1995 (PLRA) arose from Congress’s intent to curb frivolous and institutionally invasive prisoner civil rights litigation. In furtherance of its goals, the PLRA limits the prospective relief prisoners can receive to such relief that is narrowly tailored to the federal rights violation at issue and the least intrusive means necessary to correct the violation, otherwise known as the need-narrownessintrusiveness standard. Under the PLRA, prospective relief includes all relief other than compensatory monetary damages. However, while the courts have frequently applied and interpreted the PLRA over the past decade, only one circuit has addressed whether …
The Restrictive Ethos In Civil Procedure, 2010 William & Mary Law School
The Restrictive Ethos In Civil Procedure, A. Benjamin Spencer
Faculty Publications
Those of us who study civil procedure are familiar with the notion that federal civil procedure under the 1938 Rules was generally characterized by a "liberal ethos," meaning that it was originally designed to promote open access to the courts and to facilitate a resolution of disputes on the merits. Most of us are also aware of the fact that the reality of procedure is not always access-promoting or fixated on merits- based resolutions as a priority. Indeed, I would say that a "restrictive ethos" prevails in procedure today, with many rules being developed, interpreted, and applied in a manner …
Subverting Rule 56? Mcdonnell Douglas, White V. Baxter Healthcare Corp., And The Mess Of Summary Judgement In Mixed-Motive Cases, 2010 William & Mary Law School
Subverting Rule 56? Mcdonnell Douglas, White V. Baxter Healthcare Corp., And The Mess Of Summary Judgement In Mixed-Motive Cases, Christopher J. Emden
William & Mary Business Law Review
No abstract provided.
Summary Of Great Basin Water Network V. State Eng’R, 126 Nev. Adv. Op. No. 2, 2010 Nevada Law Journal
Summary Of Great Basin Water Network V. State Eng’R, 126 Nev. Adv. Op. No. 2, Jason Vanmeetren
Nevada Supreme Court Summaries
A 2003 amendment to section 533.3702 of the Nevada Revised Statutes, empowering the State Engineer to postpone taking action on water appropriation applications “[for] municipal use,” applies retroactively to applications filed within one year of the 2003 amendment and does not apply to applications filed more than one year prior the amendment.
False Imprisonment As A Tort In India, 2010 NALSAR University of Law
False Imprisonment As A Tort In India, Hari Priya
Hari Priya
The tort of false imprisonment is one of the most severe forms of human rights violation, and this paper aims to define and to understand the concept of false imprisonment as a tort in India. It also seeks to know about the evolution of the notion of false imprisonment as a tort, with reference to Indian and foreign cases, and understand who and when can one be held liable for the tort of false imprisonment. It further deals with the remedies available for the said tort.
Revisiting The Lyons Den: Summers V. Earth Island Institute's Misuse Of Lyons's Realistic Threat Of Harm Standing Test, 2010 University of Cincinnati College of Law
Revisiting The Lyons Den: Summers V. Earth Island Institute's Misuse Of Lyons's Realistic Threat Of Harm Standing Test, Bradford Mank
Faculty Articles and Other Publications
In Summers v. Earth Island Institute, 129 S. Ct. 1142 (2009), the majority and dissenting opinions disagreed about how to apply the “realistic threat” test set forth in Los Angeles v. Lyons, 461 U.S. 95, 107 (1983)). According to Justice Scalia’s majority opinion in Summers, the plaintiff organizations did not have standing to obtain injunctive relief because they failed to prove that their members were likely in the near future to hike on government land on which the Forest Service conducted allegedly illegal sales of timber without public notice and comment and that the facts alleged by …
The Changing Shape Of Federal Civil Pretrial Practice: The Disparate Impact On Civil Rights And Employment Discrimination Cases, 2010 Brooklyn Law School
The Changing Shape Of Federal Civil Pretrial Practice: The Disparate Impact On Civil Rights And Employment Discrimination Cases, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
The Tao Of Pleading: Do Twombly And Iqbal Matter Empirically?, 2010 St. Thomas University School of Law
The Tao Of Pleading: Do Twombly And Iqbal Matter Empirically?, Patricia W. Hatamyar
American University Law Review
This article is an empirical study of the effect of Bell Atlantic Corp. vs. Twombly, 550 U.S. 544 (2007), and Ashcroft vs. Iqbal, 129 S. Ct. 1937 (2009), two recent Supreme Court cases that portend the decline of “notice pleading” in federal civil practice. The article analyzes how Twombly and Iqbal have begun to dismantle the regime of notice pleading by not only discarding the “no set of facts” standard of Conley vs. Gibson, 355 U.S. 41 (1957), but by changing or ignoring other principles that federal courts have followed for decades on 12(b)(6) motions. The statistical study then examines …
Six Decrees Of Separation: Settlement Agreements And Consent Orders In Federal Civil Litigation, 2010 American University Washington College of Law
Six Decrees Of Separation: Settlement Agreements And Consent Orders In Federal Civil Litigation, Anthony Disarro
American University Law Review
No abstract provided.
Threshold Obstacles To Justice: The Interaction Of Procedural And Substantive Law In The United States, France, And China, 2010 Pacific McGeorge School of Law
Threshold Obstacles To Justice: The Interaction Of Procedural And Substantive Law In The United States, France, And China, Daniel Vandekoolwyk
Global Business & Development Law Journal
No abstract provided.
Colon Santos V. Cooperativa De Seguros Multiples Y El Aparente Conflicto Entre Las Doctrinas De La Solidaridad Y La Inmunidad, 79 Rev. Jur. U.P.R. 1091 (2010), 2010 John Marshall Law School
Colon Santos V. Cooperativa De Seguros Multiples Y El Aparente Conflicto Entre Las Doctrinas De La Solidaridad Y La Inmunidad, 79 Rev. Jur. U.P.R. 1091 (2010), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.