Boston College Law School
Fordham Law School
University of Toronto
University of Pennsylvania Law School
St. John's University School of Law
University of Richmond
Private Enforcement Of Statutory And Administrative Law In The United States (And Other Common Law Countries),
2016
University of Pennsylvania
Private Enforcement Of Statutory And Administrative Law In The United States (And Other Common Law Countries), Stephen B. Burbank, Sean Farhang, Herbert M. Kritzer
Sean Farhang
Our aim in this paper, which was prepared for an international conference on comparative procedural law to be held in July 2011, is to advance understanding of private enforcement of statutory and administrative law in the United States, and, to the extent supported by the information that colleagues abroad have provided, of comparable phenomena in other common law countries. Seeking to raise questions that will be useful to those who are concerned with regulatory design, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development ...
Labor Law - Common Market - Public Policy Regarding Personal Conduct May Act As A Restraint On The Free Movement Of Labor In The European Economic Community,
2016
University of Georgia School of Law
Labor Law - Common Market - Public Policy Regarding Personal Conduct May Act As A Restraint On The Free Movement Of Labor In The European Economic Community, William A. O'Dell
Georgia Journal of International & Comparative Law
No abstract provided.
Reconsidering The History Of Open Courts In The Digital Age,
2016
Seattle University School of Law
Reconsidering The History Of Open Courts In The Digital Age, Rory B. O'Sullivan, Catherine Connell
Seattle University Law Review
Article I, Section 10 of the Constitution of the State of Washington guarantees, “Justice in all cases shall be administered openly, and without unnecessary delay.” The Washington State Supreme Court has interpreted this clause to guarantee the public a right to attend legal proceedings and to access court documents separate and apart from the rights of the litigants themselves. Based on this interpretation, the court has struck down laws protecting the identity of both juvenile victims of sexual assault and individuals subject to involuntary commitment hearings. Its interpretation has also compromised the privacy rights of litigants wrongly named in legal ...
“Please Stop Telling Her To Leave.” Where Is The Money: Reclaiming Economic Power To Address Domestic Violence,
2016
Seattle University School of Law
“Please Stop Telling Her To Leave.” Where Is The Money: Reclaiming Economic Power To Address Domestic Violence, Margo Lindauer
Seattle University Law Review
In this Article, I argue that economic dependence is a critical factor in violence prevention. For many victims of domestic violence, the economic entanglement with an abusive partner is too strong to sever contact without another source of economic support. This Article is a thought experiment in economic justice; it asks the question: is there a way to provide outside economic support for a victim of violence fleeing a battering partner? In this Article, I examine existing systems such as Social Security, unemployment assistance, work-readiness programs, crowd sourcing, and others to evaluate how these sources could provide emergency economic support ...
If It (Ain’T) Broke, Don’T Fix It: Twombly, Iqbal, Rule 84, And The Forms,
2016
Seattle University School of Law
If It (Ain’T) Broke, Don’T Fix It: Twombly, Iqbal, Rule 84, And The Forms, Justin Olson
Seattle University Law Review
The past decade has not been kind to the Federal Rules of Civil Procedure (the Rules). From the growth of summary judgment as a mechanism to let judges instead of juries determine facts, to the love–hate relationship with class actions, judicial interpretations of the Rules have revealed a trend toward complicating the ability of plaintiffs to find redress for their claims. Nowhere is this more apparent than in the shifting standards of pleading requirements under Rule 8. Much has been written by academics and practitioners alike regarding the ripples caused by Twombly and Iqbal. Although the Court would like ...
Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards,
2016
University of Georgia School of Law
Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, John W. Kindt
Georgia Journal of International & Comparative Law
No abstract provided.
A New Take On An Old Problem: Employee Misclassification In The Modern Gig-Economy,
2016
University of Michigan Law School
A New Take On An Old Problem: Employee Misclassification In The Modern Gig-Economy, Jennifer Pinsof
Michigan Telecommunications and Technology Law Review
For decades, U.S. labor and employment law has used a binary employment classification system, labeling workers as either employees or independent contractors. Employees are granted a variety of legal protections, while independent contractors are not. However, the explosion of the gig-economy—which connects consumers with underutilized resources—has produced a growing number of workers who do not seem to fit into either category. Though far from traditional employees, gig-workers bear little resemblance to independent contractors. Forced to choose, however, most gig-economy companies label their workers as independent contractors, depriving them of many basic worker-protections. Gig-workers have turned to the ...
The Prosser Myth Of Transferred Intent,
2016
University of Oklahoma College of Law
The Prosser Myth Of Transferred Intent, Peter B. Kutner
Indiana Law Journal
The main theme of this Article is that Prosser advanced a mythical doctrine of transferred intent. What Prosser asserted to be the law was not the law when he wrote his article on transferred intent and amended his treatise. The cases he relied on to support his conclusions on transferred intent did not support them. Moreover, despite Prosser’s great influence on American tort law, Prosser’s position on transferred intent is not the law now and should not be. Its consequences are undesirable. Recognition of transferred intent as a basis of liability is due primarily to its inclusion in ...
A Theory Of Federal Common Law,
2016
Notre Dame Law School
A Theory Of Federal Common Law, Jay Tidmarsh
Jay Tidmarsh
Federal common law is a puzzle. Despite Erie's declaration that "[t]here is no federal general common law,"' well-established and stable pockets of federal common law persist in several areas: cases affecting the rights and obligations of the United States,2 disputes between states, 3 cases affecting international relations,4 and admiralty.5 If anything, federal common law is expanding. Eighteen years ago, a case in which state law was in "significant conflict" with "uniquely federal interests" provided an occasion for the Supreme Court to create another form of federal common law.6 Five years ago, the Court added ...
The Appropriations Power And Sovereign Immunity,,
2016
Notre Dame Law School
The Appropriations Power And Sovereign Immunity,, Jay Tidmarsh, Paul F. Figley
Jay Tidmarsh
Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English ...
A Theory Of Federal Common Law,
2016
Notre Dame Law School
A Theory Of Federal Common Law, Jay Tidmarsh
Jay Tidmarsh
Federal common law is a puzzle. Despite Erie's declaration that "[t]here is no federal general common law,"' well-established and stable pockets of federal common law persist in several areas: cases affecting the rights and obligations of the United States,2 disputes between states, 3 cases affecting international relations,4 and admiralty.5 If anything, federal common law is expanding. Eighteen years ago, a case in which state law was in "significant conflict" with "uniquely federal interests" provided an occasion for the Supreme Court to create another form of federal common law.6 Five years ago, the Court added ...
The Appropriations Power And Sovereign Immunity,,
2016
Notre Dame Law School
The Appropriations Power And Sovereign Immunity,, Jay Tidmarsh, Paul F. Figley
Jay Tidmarsh
Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English ...
A Theory Of Federal Common Law,
2016
Notre Dame Law School
A Theory Of Federal Common Law, Jay Tidmarsh
Jay Tidmarsh
Federal common law is a puzzle. Despite Erie's declaration that "[t]here is no federal general common law,"' well-established and stable pockets of federal common law persist in several areas: cases affecting the rights and obligations of the United States,2 disputes between states, 3 cases affecting international relations,4 and admiralty.5 If anything, federal common law is expanding. Eighteen years ago, a case in which state law was in "significant conflict" with "uniquely federal interests" provided an occasion for the Supreme Court to create another form of federal common law.6 Five years ago, the Court added ...
The Device Of Fiction In Public International Law,
2016
Université de Bruxelles
The Device Of Fiction In Public International Law, Jean J. A. Salmon
Georgia Journal of International & Comparative Law
No abstract provided.
Terrorism: The Proposed United States Draft Convention,
2016
University of Georgia School of Law
Terrorism: The Proposed United States Draft Convention, William T. Bennett
Georgia Journal of International & Comparative Law
No abstract provided.
Remarks On 3d Printing, Free Speech, And Lochner,
2016
University of Detroit Mercy School of Law
Remarks On 3d Printing, Free Speech, And Lochner, Kyle Langvardt
Minnesota Journal of Law, Science & Technology
No abstract provided.
Deterring Innovation: New York V. Actavis And The Duty To Subsidize Competitors' Market Theory,
2016
Emory University School of Law
Deterring Innovation: New York V. Actavis And The Duty To Subsidize Competitors' Market Theory, Joanna M. Shepherd
Minnesota Journal of Law, Science & Technology
No abstract provided.
Intellectual Property And Additive Manufacturing / 3d Printing: Strategies And Challenges Of Applying Traditional Ip Laws To A Transformative Technology,
2016
University of Minnesota Law School
Intellectual Property And Additive Manufacturing / 3d Printing: Strategies And Challenges Of Applying Traditional Ip Laws To A Transformative Technology, Bryan J. Vogel
Minnesota Journal of Law, Science & Technology
No abstract provided.
A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa,
2016
University of Michigan Law School
A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa, Thomas Martecchini
Michigan Law Review
Following a data breach, consumers suffer an increased risk of identity theft because of the exposure of their personal information. Limited protection by data-breach statutes has made it difficult for consumers to seek compensation for these injuries and penalize the companies that fail to protect their information, leading consumers to bring common law claims in court. Yet courts have disagreed about whether an increased risk of identity theft qualifies as an injury-in-fact under Article III standing principles: the Seventh and Ninth Circuits have approved of increased risk standing, while the Third Circuit has rejected it. The Supreme Court has further ...
Slade V. Caesars Entm’T Corp, 132 Nev. Adv. Op. 36 (May 12, 2016),
2016
Nevada Law Journal
Slade V. Caesars Entm’T Corp, 132 Nev. Adv. Op. 36 (May 12, 2016), Katherine Maher
Nevada Supreme Court Summaries
The Court generally upheld the common-law principles, referenced in NRS 463.0129(3)(a), permitting gaming establishments to exclude any persons from their premises for any reason, unless for discriminatory or otherwise unlawful purposes. Thus the district court properly dismissed the complaint.
