Us-Cool Retaliation: The Wto’S Article 22.6 Arbitration, 2017 Duke Law School
Us-Cool Retaliation: The Wto’S Article 22.6 Arbitration, Chad P. Bown, Rachel Brewster
Faculty Scholarship
This paper examines the World Trade Organization’s Article 22.6 arbitration report on the dispute over the United States’ country of origin labeling (US–COOL) regulation for meat products. At prior phases of the legal process, a WTO Panel and the Appellate Body had sided with Canada and Mexico by finding that the US regulation had negatively affected their exports of livestock – cattle and hogs – to the US market. The arbitrators authorized Canada and Mexico to retaliate by over $1 billion against US exports – the second largest authorized retaliation on record and only the twelfth WTO dispute to reach …
Disgorgement Of Defendant's Gains From "Opportunistic" Breach Of Contract: Its Fit In Rhode Island, 2017 J.D. 2018, Roger Williams University School of Law
Disgorgement Of Defendant's Gains From "Opportunistic" Breach Of Contract: Its Fit In Rhode Island, Kelsey A. Hayward
Roger Williams University Law Review
No abstract provided.
The Circular Logic Of Actavis, 2017 American University Washington College of Law
The Circular Logic Of Actavis, Joshua B. Fischman
American University Law Review
No abstract provided.
Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017), 2017 UIC School of Law
Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017), Rosa Castello
UIC Law Review
Educating future lawyers is about more than just teaching them substantive law. We are preparing professionals who will go out into our world and shape and affect it in deep and impacting ways. They will make law, enforce law, determine policy, defend people, advocate, and influence lives and businesses. Therefore, any thorough law school education should teach social justice and encourage students to become more engaged in activism. One way to incorporate social justice into the law school curriculum is to offer specific courses focused on social justice. However, administrators may be concerned about demand for such classes or ability …
The Uncertain Case For Appraisal Arbitrage, 2017 Florida State University College of Law
The Uncertain Case For Appraisal Arbitrage, Jay B. Kesten
Scholarly Publications
No abstract provided.
Commercial Bribery: Choice And Measurement Within A Remedies Smorgasbord, 2017 Washington and Lee University School of Law
Commercial Bribery: Choice And Measurement Within A Remedies Smorgasbord, Doug Rendleman
Washington and Lee Law Review
Searching for the most suitable money remedy for a simple commercial bribe promptly lands a lawyer, judge, professor, student, or researcher in a remedial smorgasbord. De- emphasizing injunctions, commercial bribery offers a spectrum of monetary remedies.
The plaintiff has two defendants, the briber and the bribee. He has two major remedies, damages and restitution. The overlapping policies consist of compensating the plaintiff, preventing the defendants’ unjust enrichment, deterring the defendants and others, and punishing the defendants. Courts implement these policies with compensatory damages, restitution, and punitive damages. A bribe can be returned as damages or restitution, a significant distinction. Punishment …
Testing The White Hat Effect In Patent Litigation, 2017 University of Denver
Testing The White Hat Effect In Patent Litigation, Bernard Chao, Roderick O’Dorisio
Sturm College of Law: Faculty Scholarship
Ideally, juries assess cases on the evidence presented at trial. To the extent that they are unrelated to the merits, the identities of the parties or their individual stories should not matter. But jurors are human, and both academics and practicing lawyers have long believed that how parties frame their cases to the jury can influence outcomes.' We examine two such frames common to patent law. First, we look at whether accused infringers can improve their chances of prevailing by being the aggressor. Prior studies have observed that accused infringers that file declaratory judgment actions to vindicate their rights win …
Time Is Money: An Empirical Assessment Of Non-Economic Damages Arguments, 2017 University of Denver
Time Is Money: An Empirical Assessment Of Non-Economic Damages Arguments, John Campbell, Bernard Chao, Christopher Robertson
Sturm College of Law: Faculty Scholarship
Non-economic damages (pain and suffering) are the most significant and variable components of liability. Our survey of fifty-one U.S. jurisdictions shows wide heterogeneity in whether attorneys may quantify damages as time-units of suffering (per diem) or demand a specific amount (lump sum). Either sort of large number could exploit an irrational anchoring effect. We performed a realistic, online, video-based experiment with 732 human subjects. We replicated prior work showing that large lump sum demands drive larger jury verdicts, but surprisingly found no effect of similarly-sized per diem anchors. We did find per diem effects on binary liability outcomes, and thus …
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, 2017 Texas A&M University School of Law
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney
Fordham Law Review
Using this broad connotation of justice, this Article questions whether many victims of legal malpractice are denied access to justice. In writing about the regulatory function of legal malpractice as a tort, Professor John Leubsdorf argues that legal malpractice relates to three important functions of the law of lawyering: “[D]elineating the duties of lawyers, creating appropriate incentives and disincentives for lawyers in their dealings with clients and others, and providing access to remedies for those injured by improper lawyer behavior.” Arguably, persons injured by lawyer misconduct are denied access to justice if our civil liability system does not provide them …
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, 2017 Texas A&M University School of Law
A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney
Fordham Law Review
Using this broad connotation of justice, this Article questions whether many victims of legal malpractice are denied access to justice. In writing about the regulatory function of legal malpractice as a tort, Professor John Leubsdorf argues that legal malpractice relates to three important functions of the law of lawyering: “[D]elineating the duties of lawyers, creating appropriate incentives and disincentives for lawyers in their dealings with clients and others, and providing access to remedies for those injured by improper lawyer behavior.” Arguably, persons injured by lawyer misconduct are denied access to justice if our civil liability system does not provide them …
Contracts, Causation, And Clarity, 2017 Barry University
Contracts, Causation, And Clarity, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
The Modern Class Action Rule: Its Civil Rights Roots And Relevance Today, 2017 University of Colorado Law School
The Modern Class Action Rule: Its Civil Rights Roots And Relevance Today, Suzette M. Malveaux
Publications
The modern class action rule recently turned fifty years old — a golden anniversary. However, this milestone is marred by an increase in hate crimes, violence and discrimination. Ironically, the rule is marking its anniversary within a similarly tumultuous environment as its birth — the civil rights movement of the 1960’s. This irony calls into question whether this critical aggregation device is functioning as the drafters intended. This article makes three contributions.
First, the article unearths the rule’s rich history, revealing how the rule was designed in 1966 to enable structural reform and broad injunctive relief in civil rights cases. …
A New Hope: Tortious Interference With An Expected Inheritance In Rhode Island, 2017 Pannone Lopes Devereaux & O'Gara LLC
A New Hope: Tortious Interference With An Expected Inheritance In Rhode Island, Rebecca M. Murphy, Samantha M. Clarke
Roger Williams University Law Review
No abstract provided.
Helping Students Develop Affirmative Evidence Of Cross-Cultural Competency, 2017 University of St. Thomas (Minnesota) School of Law
Helping Students Develop Affirmative Evidence Of Cross-Cultural Competency, Neil Hamilton, Jeff Maleska
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Texas Supreme Court Retreats From Protecting Texas Students, 2017 St. Mary's University School of Law
The Texas Supreme Court Retreats From Protecting Texas Students, Albert Kauffman
The Scholar: St. Mary's Law Review on Race and Social Justice
This Article criticizes the 2016 Texas Supreme Court school finance decision, the latest of seven decisions starting in 1989, for its disregard of both the record in the case and the realities of the Texas Constitution and Texas politics. The Article also focuses on how standards for reviewing legislation have changed and the Texas Supreme Court's irrational and unfounded retreat to the "money doesn't make a difference" theory of school finance. Finally, the Article recommends a return to an objective, comprehensible, enforceable and constitutional system of review, and concludes with a prayer for holdings that recognize the inequities of the …
Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, 2017 Martin, Disiere, Jefferson & Wisdom LLP
Navigating The Post-Shelby Landscape: Using Universalism To Augment The Remaining Power Of The Voting Rights Act, Jesús N. Joslin
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Blue Lives Have Always Mattered: The Usurping Of Hate Crime Laws For An Unintended And Unnecessary Purpose, 2017 St. Mary's University
Blue Lives Have Always Mattered: The Usurping Of Hate Crime Laws For An Unintended And Unnecessary Purpose, Lisa M. Olson
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, 2017 St. Mary's University
The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Non-Sexual Predators: The Negative Implications Of Required Registration For Non-Sexual Offenses, 2017 St. Mary's University
Non-Sexual Predators: The Negative Implications Of Required Registration For Non-Sexual Offenses, Alexandra Vargas
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Taking A Second Look At Mdl Product Liability Settlements: Somebody Needs To Do It, 2017 University of Colorado Law School
Taking A Second Look At Mdl Product Liability Settlements: Somebody Needs To Do It, Christopher B. Mueller
Publications
This Article examines the forces that lead to the settlement of product liability cases gathered under the MDL statute for pretrial. The MDL procedure is ill-suited to this use, and does not envision the gathering of the underlying cases as a means of finally resolving them. Motivational factors affecting judges and lawyers have produced these settlements, and the conditions out of which they arise do not give confidence that they are fair or adequate. This Article concedes that MDL settlements are likely here to stay, and argues that we need a mechanism to check such settlements for fairness and adequacy. …