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Fiat Lux: Tracing A Standard Of Review For Class Certification Orders, Curtis E.A. Karnow 2016 California Superior Court (San Francisco)

Fiat Lux: Tracing A Standard Of Review For Class Certification Orders, Curtis E.A. Karnow

Curtis E.A. Karnow

 An historical investigation of California’s  standards of review  of class certification orders, together with an analysis of the standard and its implications for the practical work of trial judges and lawyers litigating class actions. The article concludes by emphasizing the role of the trial plan in certification motions.


Private Interest, Public Sphere: Eliminating The Use Of Commercial Bail Bondsmen In The Criminal Justice, Thanithia Billings 2016 Boston College Law School

Private Interest, Public Sphere: Eliminating The Use Of Commercial Bail Bondsmen In The Criminal Justice, Thanithia Billings

Boston College Law Review

The decision to grant bail is the first contact that a judge has with a defendant. If a defendant is unable to pay the set bail amount, this inability affects nearly every aspect of the defendant’s case from beginning to end. Despite attempts to ensure insolvency does not solely determine pretrial detention, the current bail system, in many cases, ensures just that. Special interest groups, specifically the bail bond industry, oppose any reform efforts that aim to decrease the use of money in the administration of bail. Defendants unable to afford a bail bondsman can spend weeks, months, and ...


Rules For Radicals: A Politics Of Patent Law, Kali N. Murray 2016 University of Mississippi School of Law

Rules For Radicals: A Politics Of Patent Law, Kali N. Murray

Journal of Intellectual Property Law

No abstract provided.


Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler McCormick Love 2016 University of Georgia School of Law

Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love

Journal of Intellectual Property Law

No abstract provided.


Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office, Elisabeth Marie Koehnemann 2016 University of Georgia School of Law

Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office, Elisabeth Marie Koehnemann

Journal of Intellectual Property Law

No abstract provided.


You Can Stand Under My Umbrella: Weighing Trade Secret Protection Against The Need For Greater Transparency In Perfume And Fragranced Product Labeling, Delia Gervin 2016 University of Georgia School of Law

You Can Stand Under My Umbrella: Weighing Trade Secret Protection Against The Need For Greater Transparency In Perfume And Fragranced Product Labeling, Delia Gervin

Journal of Intellectual Property Law

No abstract provided.


State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett 2016 University of Georgia School of Law

State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett

Journal of Intellectual Property Law

No abstract provided.


Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley 2016 University of Georgia School of Law

Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley

Journal of Intellectual Property Law

Questions about the copyrightability of compilations and other low authorship fact works, and about the scope of protection, have continued to trouble courts long after the Supreme Court's landmark decision in Feist Publications, Inc. v. Rural Telephone Services Co. in 1991. Justice O'Connor's opinion, explaining why a standard white pages telephone directory did not meet the constitutional and statutory requirements for copyright protection, defined an original work of authorship as one that is independently created by its author and that evidences at least a minimal level of creativity. The latter requirement has been elusive, in part because ...


Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University 2016 Roger Williams University

Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University

School of Law Conferences, Lectures & Events

No abstract provided.


Section 3: Business, Institute of Bill of Rights Law at The College of William & Mary School of Law 2016 College of William & Mary Law School

Section 3: Business, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


The Doctrine Of Frustration In The Law Of Sales, John D. McCamus 2016 Osgoode Hall Law School of York University

The Doctrine Of Frustration In The Law Of Sales, John D. Mccamus

John D. McCamus

No abstract provided.


Too Big To Nail: How Investor-State Arbitration Lacks An Appropriate Execution Mechanism For The Largest Awards, Jacob A. Kuipers 2016 Boston College Law School

Too Big To Nail: How Investor-State Arbitration Lacks An Appropriate Execution Mechanism For The Largest Awards, Jacob A. Kuipers

Boston College International and Comparative Law Review

Typically, when an international arbitration tribunal renders an award, it includes a specific date by which the defendants must pay the award. If the defendants refuse to pay the award by the mandated deadline and the defendants are not seeking that the award be set aside, then the claimants have the ability to seize assets of the defendants through national courts that could enforce the tribunal’s judgment. Those courts may issue orders to seize a party’s assets in their jurisdiction as a way to enforce all or part of the tribunal’s award. This presents an uphill battle ...


Law And Finance: The Case Of Stock Market Development In China, Zhong Zhang 2016 University of Sheffield

Law And Finance: The Case Of Stock Market Development In China, Zhong Zhang

Boston College International and Comparative Law Review

Having grown to one of the largest in the world in just over two decades, China’s stock market is cited as a counterexample to the significance of law for financial market development. A thorough examination of the development of China’s stock market, however, finds that law is actually critical to sustaining growth. On the other hand, the trajectory of development in China is growth first followed by law, and the improvement of law is caused by market growth. The experience of China suggests that law and market growth exhibit a bidirectional rather than unidirectional causal relationship, and the ...


Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law, Mark Edwin Burge 2016 Texas A&M University School of Law

Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law, Mark Edwin Burge

Mark Edwin Burge

As technology rolls out ongoing and competing streams of payments innovation, exemplified by Apple Pay (mobile payments) and Bitcoin (cryptocurrency), the law governing these payments appears hopelessly behind the curve. The patchwork of state, federal, and private legal rules seems more worthy of condemnation than emulation. This Article argues, however, that the legal and market developments of the last several decades in payment systems provide compelling evidence of the most realistic and socially beneficial future for payments law. The paradigm of a comprehensive public law regulatory scheme for payment systems - exemplified by Articles 3 and 4 of the Uniform Commercial ...


The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White 2016 University of Georgia School of Law

The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White

Georgia Journal of International & Comparative Law

No abstract provided.


The Financing Assignee And The Contract For Sale In The United States And Canada, Benjamin Geva 2016 Selected Works

The Financing Assignee And The Contract For Sale In The United States And Canada, Benjamin Geva

Benjamin Geva

No abstract provided.


Real Estate Investment Trusts In Canada, Samita Pachai 2016 The University of Western Ontario

Real Estate Investment Trusts In Canada, Samita Pachai

Electronic Thesis and Dissertation Repository

The Canadian real estate investment trust (REIT) industry began in the early 1990s and, over the past twenty years, the legislative landscape governing REITs has changed dramatically. This dissertation examines how REIT legislation has progressed in Canada and the effects it has had on the industry as a whole. After examining the basic characteristics of a REIT, an overview of the legislative evolution is presented. This thesis argues that recent legislation has been successful in allowing REITs to flourish, with 48 public equity REITs now trading in Canada comprising a market capitalization of over CAD 50 billion. A thorough examination ...


On The Continuing Misuse Of Event Studies: The Example Of Bessen And Meurer, Glynn S. Lunney Jr. 2016 Tulane University School of Law

On The Continuing Misuse Of Event Studies: The Example Of Bessen And Meurer, Glynn S. Lunney Jr.

Journal of Intellectual Property Law

No abstract provided.


Plumb Lines Instead Of A Wrecking Ball: A Model For Recalibrating Patent Scope, F. Russell Denton 2016 University of Georgia School of Law

Plumb Lines Instead Of A Wrecking Ball: A Model For Recalibrating Patent Scope, F. Russell Denton

Journal of Intellectual Property Law

No abstract provided.


Strategies For Combating Patent Trolls, J. Jason Williams, Mark V. Campagna, Olivia E. Marbutt 2016 Jones Day

Strategies For Combating Patent Trolls, J. Jason Williams, Mark V. Campagna, Olivia E. Marbutt

Journal of Intellectual Property Law

No abstract provided.


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