An Analysis Of Austin Lawyers Guild V. Securus Technologies, Inc.: The Constitutional And Ethical Implications Of Using Illegally Recorded Attorney–Client Telephone Conversations As Derivative Evidence,
2016
St. Mary's University
An Analysis Of Austin Lawyers Guild V. Securus Technologies, Inc.: The Constitutional And Ethical Implications Of Using Illegally Recorded Attorney–Client Telephone Conversations As Derivative Evidence, Christina Santos
St. Mary's Journal on Legal Malpractice & Ethics
For the justice system to operate effectively, privileged communications between an attorney and his or her client should be afforded the utmost and strictest protections. Intrusion by law enforcement upon these communications severely diminishes the confidence and candor needed in the attorney-client relationship. Although the United States Supreme Court recognizes prosecutorial immunity and generally leaves prosecutorial discipline to state bar authorities, the Court has long held that the attorney-client privilege is needed for attorneys to effectively advocate on behalf of their clients.
Austin Lawyers Guild v. Securus Technologies, Inc., a civil class-action lawsuit, is currently pending before the United …
The Arc And Architecture Of Private Enforcement Regimes In The United States And Europe: A View Across The Atlantic,
2016
Founding Partner, Migliaccio & Rathod LLP, Washington D.C.
The Arc And Architecture Of Private Enforcement Regimes In The United States And Europe: A View Across The Atlantic, Jason Rathod, Sandeep Veheesan
The University of New Hampshire Law Review
The United States and Europe have traditionally taken very different approaches to the regulation of harmful conduct. Previously, European nations relied almost entirely on the public enforcement of laws, whereas the United States relied on a mix of public and private actors. In the United States, private rights of action have played a central role deterring illegal conduct—and, in fact, provided greater deterrence than public enforcers in some areas of law. They have also allowed injured parties to obtain compensation. Despite their very different histories, the private enforcement systems in the United States and Europe are showing signs of convergence …
The Function Of The International Court Of Justice In The World Community,
2016
University of Georgia School of Law
The Function Of The International Court Of Justice In The World Community, Ernest A. Gross
Georgia Journal of International & Comparative Law
No abstract provided.
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors,
2016
Seattle University School of Law
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward
Seattle Journal for Social Justice
No abstract provided.
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State,
2016
Seattle University School of Law
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves
Seattle Journal for Social Justice
No abstract provided.
Don’T Risk It; Wait Until She’S Sober,
2016
Seattle University School of Law
Don’T Risk It; Wait Until She’S Sober, Patrick John White
Seattle Journal for Social Justice
No abstract provided.
Prostitution Policy: Legalization, Decriminalization And The Nordic Model,
2016
Seattle University School of Law
Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble
Seattle Journal for Social Justice
No abstract provided.
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement,
2016
Seattle University School of Law
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert
Seattle Journal for Social Justice
No abstract provided.
Living Under The Boot: Militarization And Peaceful Protest,
2016
Seattle University School of Law
Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra
Seattle Journal for Social Justice
No abstract provided.
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate,
2016
Seattle University School of Law
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada
Seattle Journal for Social Justice
No abstract provided.
Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala,
2016
Seattle University
Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee
Seattle Journal for Social Justice
No abstract provided.
Standing To Represent Corporate Claims In The International Court Of Justice: The Barcelona Traction Case,
2016
University of Georgia School of Law
Standing To Represent Corporate Claims In The International Court Of Justice: The Barcelona Traction Case, W. B. Stillwell Iii
Georgia Journal of International & Comparative Law
No abstract provided.
Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited,
2016
University of Arkansas at Little Rock William H. Bowen School of Law
Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter
The Journal of Appellate Practice and Process
No abstract provided.
North Carolina Innocence Inquiry Commission: An Institutional Remedy For Actual Innocence And Wrongful Convictions,
2016
North Carolina Central University School of Law
North Carolina Innocence Inquiry Commission: An Institutional Remedy For Actual Innocence And Wrongful Convictions, Warren D. Hynson
North Carolina Central Law Review
No abstract provided.
Absolute Conflicts Of Law,
2016
Southern Methodist University
Absolute Conflicts Of Law, Anthony J. Colangelo
Indiana Law Journal
This Article coins the term “absolute conflicts of law” to describe situations of overlapping laws from different states that contain simultaneous contradictory commands. It argues that absolute conflicts are a unique legal phenomenon in need of a unique doctrine. The Article extensively explores what absolute conflicts are; how they qualitatively differ from other doctrines like true conflicts of law, act of state, and comity; and classifies absolute conflicts’ myriad doctrinal manifestations through a taxonomy that categorizes absolute conflicts as procedural, substantive, mixed, horizontal, and vertical.
The Article then proposes solutions to absolute conflicts that center on the rule of law …
Large-Scale Dispute Resolution In Jurisdictions Without Judicial Class Actions: Learning From The Irish Experience,
2016
University of Missouri School of Law
Large-Scale Dispute Resolution In Jurisdictions Without Judicial Class Actions: Learning From The Irish Experience, S. I. Strong
Faculty Publications
Recent years have seen an unprecedented expansion of the ability to assert large-scale claims in national judicial systems, either on a collective or representative (class) basis. Numerous countries, including many that excoriated United States-style class actions in the past, have now adopted various forms of collective redress as society's need to respond large-scale claims has increased. Although every jurisdiction has developed its own unique method of responding to large-scale legal injuries, there appears to be a growing consensus that contemporary legal systems require some means of responding to widespread harm involving the same or similar facts. Not every jurisdiction has …
Can John Coffee Rescue The Private Attorney General? Lessons From The Credit Card Wars,
2016
Benjamin N. Cardozo School of Law
Can John Coffee Rescue The Private Attorney General? Lessons From The Credit Card Wars, Myriam E. Gilles
Articles
Partisans on one side of the class action debates argue that the class device is a critical enforcement tool that increases much-needed access to justice. Combatants on the other side scoff that class actions are tools for shaking down corporations for settlement payments and attorneys’ fees in unmeritorious cases. In his most recent book, Entrepreneurial Litigation: Its Rise, Fall and Future, John C. Coffee puts both sides in their place, providing an account that, he aptly tells us, “has long been missing in the literature, in large part because academics writing in this area either have been so ideologically committed …
Federal Trademark Remedies: A Proposal For Reform,
2016
The University of Akron
Federal Trademark Remedies: A Proposal For Reform, Mark A. Thurmon
Akron Intellectual Property Journal
It is time to take this problem seriously and reform the remedial rules of the Lanham Act. This article presents a specific proposal for reform that includes the following key changes:
- statutory damages are available as an alternative to actual damages, and this new remedy is available to prevailing trademark owners in all actions under the Lanham Act;
- the defendant's profits remedy is limited to those profits attributable to the infringement, but this remedy is available to prevailing trademark owners in all actions under the Lanham Act (i.e., proof of willful infringement or some other type of bad faith is …
Newsroom: Logan On Kenneth Feinberg 03-12-2016,
2016
Roger Williams University
Newsroom: Logan On Kenneth Feinberg 03-12-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Punitive Damages In Section 1983 Actions,
2016
Touro University Jacob D. Fuchsberg Law Center
Punitive Damages In Section 1983 Actions, John R. Williams
Touro Law Review
No abstract provided.
