Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, 2015 University of Brasília, Brazil
Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra
Thiago Luís Santos Sombra
With the changes in the paradigm of voluntarism developed under the protection of liberalism, the bases for legal acts have reached an objective dimension, resulting in the birth of a number of mechanisms of control of private autonomy. Among these mechanisms, we can point out the relevance of those reinforced by the Roman Law, whose high ethical value underlines one of its biggest virtues in the control of the exercise of subjective rights. The prohibition of inconsistent behavior, conceived in the brocard venire contra factum proprium, constitutes one of the concepts from the Roman Law renown for the protection …
Wyoming V. Oklahoma: "[M]Isguided Exercise Of Discretion", 2015 The University of Akron
Wyoming V. Oklahoma: "[M]Isguided Exercise Of Discretion", Heather N. Sigrist
Akron Law Review
The purpose of this casenote is to analyze the Supreme Court's reasoning in Wyoming v. Oklahoma. Section II of this casenote reiterates background law in the area of standing, exclusive original jurisdiction, and the negative Commerce Clause. Section II (A) recapitulates the doctrine of standing to sue. Section II (B) discusses the Supreme Court's exclusive original jurisdiction. Section II (C) summarizes the negative Commerce Clause. Section III presents the statement of the case. Section IV analyzes the Supreme Court's decision in Wyoming v. Oklahoma.
Section IV (A) criticizes the Court for failing to delineate a solid standing causation analysis. Section …
From Marbury V. Madison To Bush V. Gore: 200 Years Of Judicial Review In The United States, 2015 Texas A&M University School of Law
From Marbury V. Madison To Bush V. Gore: 200 Years Of Judicial Review In The United States, Stephen R. Alton
Stephen Alton
This Lecture consists of three parts. In the first part, I will lay out the background behind judicial review in the United States - the history, the theory, and the constitutional structure. In the second part of this Lecture, I will discuss some of the major United States Supreme Court cases that established and developed the doctrine of judicial review. In the third, and final, part, I will present the recent case of Bush v. Gore as an example of the major points that have been developed earlier. Finally, I will conclude with some general observations about judicial review and …
Beyond The Written Constitution: A Short Analysis Of Warren Court, 2015 University of Brasília, Brazil
Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra
Thiago Luís Santos Sombra
This essay propose an analysis about how Warren Court became one of the most particular in American History by confronting Jim Crow law, especially by applying the Bill of Rights. In this essay, we propose an analysis of how complex the unwritten Constitution is. Cases like Brown vs. Board of Education will be analyzed from a different point of view to understand the methods of the Court.
Person V. Potential: Judicial Struggles To Decide Claims Arising From The Death Of An Embryo Or Fetus And Michigan's Struggle To Settle The Question, 2015 The University of Akron
Person V. Potential: Judicial Struggles To Decide Claims Arising From The Death Of An Embryo Or Fetus And Michigan's Struggle To Settle The Question, Dena M. Marks
Akron Law Review
“Death is well understood; it’s life that isn’t.” We recognize death, but state by state, courts struggle to understand life when called on to determine whether their states’ wrongful death acts apply after the death of an embryo or fetus. These struggles arise because, for the most part, state legislatures have failed to clarify whether a cause of action may be maintained under their wrongful death acts for the death of an embryo or fetus. This failure has lead to inconsistent and unfair results, often allowing the tortfeasor to benefit from causing the greater harm of death, when the tortfeasor …
Syngenta, Stephenson And The Federal Judicial Injunctive Power, 2015 The University of Akron
Syngenta, Stephenson And The Federal Judicial Injunctive Power, Lonny Sheinkopf Hoffman
Akron Law Review
In particular, my objectives are three-fold. As regards Syngenta, I will examine the case’s background and procedural history to highlight the strategic decisionmaking and forum shopping decisions made by all of the parties and their lawyers in the contest. Also, by revisiting the Supreme Court’s decision in the case, I hope to offer a better perspective on what the justices did decide and, correspondingly, also reflect on what they did not decide. Even as Syngenta nodded in recognition that some power exists to enjoin state proceedings, its ambit was left undefined. Recognizing the scope of the Court’s decision is critical …
Supplemental Serendipity: Congress' Accidental Improvement Of Supplemental Jurisdiction, 2015 The University of Akron
Supplemental Serendipity: Congress' Accidental Improvement Of Supplemental Jurisdiction, James M. Underwood
Akron Law Review
In this article, I contend that the Supplemental Jurisdiction Statute should be given a plain-language interpretation because the reasons underlying the traditional rules of statutory interpretation are sound, this interpretation actually achieves the desirable goal of enhancing the consistency of federal court jurisprudence in this field, and because such a reading can be done without causing institutional harm and disrupting the business of the federal courts. In short, the Supplemental Jurisdiction Statute is neither broke nor in need of major overhaul or abandonment.
A Call For An Overhaul Of The U.S. Federal Court System, 2015 SelectedWorks
A Call For An Overhaul Of The U.S. Federal Court System, Huhnkie Lee
Huhnkie Lee
No abstract provided.
Scott V. Harris And The Future Of Summary Judgment, 2015 University of Pennsylvania Carey Law School
Scott V. Harris And The Future Of Summary Judgment, Tobias Barrington Wolff
All Faculty Scholarship
The Supreme Court’s decision in Scott v. Harris has quickly become a staple in many Civil Procedure courses, and small wonder. The cinematic high-speed car chase complete with dash-cam video and the Court’s controversial treatment of that video evidence seem tailor-made for classroom discussion. As is often true with instant classics, however, splashy first impressions can mask a more complex state of affairs. At the heart of Scott v. Harris lies the potential for a radical doctrinal reformation: a shift in the core summary judgment standard undertaken to justify a massive expansion of interlocutory appellate jurisdiction in qualified immunity cases. …
Daimler And The Jurisdictional Triskelion, 2015 St. Mary's University School of Law
Daimler And The Jurisdictional Triskelion, Zoe Niesel
Faculty Articles
No abstract provided.
What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, 2015 The University of Akron
What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver
Akron Law Review
My goal here, however, is not directly to challenge the framework of lawyer regulation. Instead, I write to suggest an adjustment to the existing regulatory regime, setting aside, at least for the moment, any challenge to the merits of the system itself. My proposal is quite modest: In order to inform the choices implicit in rulemaking, regulation ought to be based upon sound empirical evidence. This is particularly important because of the complexities brought about by globalization.
The Changing Landscape For In-House Counsel: Multijurisdictional Practice Considerations For Corporate Law Departments, 2015 The University of Akron
The Changing Landscape For In-House Counsel: Multijurisdictional Practice Considerations For Corporate Law Departments, Carol A. Needham
Akron Law Review
This article contains an overview of areas to consider regarding the ability of in-house attorneys licensed in one or more jurisdictions in the United States to continue providing legal services when in a new location. The focus in this article is on matters relevant for attorneys engaged in transactional work, rather than those who are interested in representing their clients in courtrooms, administrative tribunals, and similar forums.
The Legal Ethics Of Metadata Mining, 2015 The University of Akron
The Legal Ethics Of Metadata Mining, Andrew M. Perlman
Akron Law Review
Bar associations have produced a number of legal ethics opinions that address the practice of metadata mining. This essay explains the nature of the problem, reviews the ethics opinions that have addressed it, and contends that the issue is simply a variation of the oft-examined problem of inadvertently disclosed documents. The essay concludes that flat bans on metadata mining are misguided and that metadata mining should be treated in the same manner as inadvertent disclosures more generally. Under this approach, if a state permits lawyers to review inadvertently disclosed privileged documents, the jurisdiction should also permit lawyers to review the …
A New International Human Rights Court For West Africa: The Ecowas Community Court Of Justice, 2015 Duke Law School
A New International Human Rights Court For West Africa: The Ecowas Community Court Of Justice, Karen J. Alter, Laurence R. Helfer, Jacqueline R. Mcallister
Jacqueline McAllister
The ECOWAS Community Court of Justice (ECCJ) is an increasingly active and bold international adjudicator of human rights violations in West Africa. Since acquiring jurisdiction over human rights issues in 2005, the ECCJ has issued several path-breaking judgments, including against the Gambia for the torture of journalists, against Niger for condoning modern forms of slavery, and against Nigeria for failing to regulate the multinational oil companies that polluted the Niger Delta. This article explains why ECOWAS member states authorized the ECCJ to review human rights suits by individuals but did not allow private actors to complain about violations of regional …
Birthright Citizenship, Illegal Aliens, And The Original Meaning Of The Citizenship Clause, 2015 The University of Akron
Birthright Citizenship, Illegal Aliens, And The Original Meaning Of The Citizenship Clause, Matthew Ing
Akron Law Review
This Article contends that the orthodox interpretation accurately reflects the original public meaning of ‘jurisdiction,’ and that, consequently, the consensualist interpretation is incorrect on originalist grounds. By way of supporting this contention, this Article also seeks to advance the debate regarding the Citizenship Clause in several ways. Although this Article, like others, relies upon the Clause’s legislative history for evidence of original meaning, when analyzing that history this Article also considers 1) the framing-era context of federal Indian law; and 2) the distinction between “original meaning” and “original expected application.” Moreover, in seeking relevant originalist evidence, this Article looks to …
An Efficiency-Based Explanation For Current Corporate Reorganization Practice, 2015 Northwestern University School of Law
An Efficiency-Based Explanation For Current Corporate Reorganization Practice, Kenneth M. Ayotte, David A. Skeel Jr.
Kenneth Ayotte
No abstract provided.
Marc Rich: An Expansion Of United States Criminal Jurisdiction Over Foreign Defendants, 6 Nw. J. Int'l L. & Bus. 615 (1984), 2015 John Marshall Law School
Marc Rich: An Expansion Of United States Criminal Jurisdiction Over Foreign Defendants, 6 Nw. J. Int'l L. & Bus. 615 (1984), Debra Pogrund Stark
Debra Pogrund Stark
No abstract provided.
Criminal Case File, State V. O'Neill, 2015 Notre Dame Law School
Criminal Case File, State V. O'Neill, James Seckinger
James H. Seckinger
No abstract provided.
Is A Foreign State A "Person"? Does It Matter?: Personal Jurisdiction, Due Process, And The Foreign Sovereign Immunities Act, 34 N.Y.U. J. Int'l L. & Pol. 115 (2001), 2015 John Marshall Law School Chicago
Is A Foreign State A "Person"? Does It Matter?: Personal Jurisdiction, Due Process, And The Foreign Sovereign Immunities Act, 34 N.Y.U. J. Int'l L. & Pol. 115 (2001), Karen H. Cross
Karen Halverson Cross
No abstract provided.
Summary Of Catholic Diocese Of Green Bay, Inc. V. John Doe 119, 131 Nev. Adv. Op. 29 (May 28, 2015), 2015 Nevada Law Journal
Summary Of Catholic Diocese Of Green Bay, Inc. V. John Doe 119, 131 Nev. Adv. Op. 29 (May 28, 2015), Adam Wynott
Nevada Supreme Court Summaries
The Court held a plaintiff must prove sufficient contacts with the jurisdiction in order to establish personal jurisdiction over a defendant. Without proof of sufficient contacts, Nevada courts do not have personal jurisdiction over a foreign Catholic diocese. The Court reversed the district court’s decision.