Table Of Contents,
2013
Seattle University School of Law
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis,
2013
Seattle University School of Law
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Seattle Journal for Social Justice
No abstract provided.
Gideon: Looking Backward, Looking Forward, Looking In The Mirror,
2013
Seattle University School of Law
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Seattle Journal for Social Justice
No abstract provided.
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?,
2013
Seattle University School of Law
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Seattle Journal for Social Justice
No abstract provided.
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis,
2013
Seattle University School of Law
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
Seattle Journal for Social Justice
No abstract provided.
Is Time Up For Equitable Relief?
Examining Whether The Statute
Of Limitations Contained In
28 U.S.C. § 2462 Applies To
Claims For Injunctive Relief ,
2013
Washington and Lee University School of Law
Is Time Up For Equitable Relief? Examining Whether The Statute Of Limitations Contained In 28 U.S.C. § 2462 Applies To Claims For Injunctive Relief , Douglas Edward Pittman
Washington and Lee Law Review
No abstract provided.
Public Procurement And Remedies,
2013
Lund University
Public Procurement And Remedies, Emanuela A. Matei
Emanuela A. Matei
No abstract provided.
El Precario: ¿Es Poseedor O Tenedor (Detentador)? A Propósito Del Cuarto Pleno Casatorio Civil,
2013
Pontificia Universidad Católica del Perú
El Precario: ¿Es Poseedor O Tenedor (Detentador)? A Propósito Del Cuarto Pleno Casatorio Civil, Rómulo Morales
Rómulo Martín Morales Hervias
El precario es quien ejerce la tenencia sin autorización expresa, es decir, la tenencia se ejerce con tolerancia sucesiva [tenencia sin título alguno] o cuando se usa el bien con autorización pero ella se revoca [tenencia autorizada pero posteriormente fenece o se revoca].
Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers,
2013
University of Colorado Law School
Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16)
The Colorado River is an economic, environmental and cultural lifeline of the southwestern United States, and the allocation of its scarce waters are a source of ongoing controversy. This year marks the 50th anniversary of the Supreme Court decision in Arizona v. California. While the case was an important landmark in the still-evolving relationship between these two Lower Basin states, it remains most relevant today by the way in which it clarified federal rights and responsibilities. This is especially true in the areas of federal (including tribal) reserved rights, the role of the Interior Secretary in Lower Basin water …
Remedies Unified In Nine Verses,
2013
Savannah Law School
Remedies Unified In Nine Verses, Caprice Roberts
Caprice L. Roberts
An original substantive poem with footnotes that makes three bold claims: (i) Remedies shapes substantive rights, (ii) the scholarly quest for a unified theory of Remedies is ill-fated, and (iii) Remedies properly reasoned will unify across borders, doctrinal and geographic.
North Carolina's Bold Model For Eugenics Compensation,
2013
Georgia State University College of Law
North Carolina's Bold Model For Eugenics Compensation, Peter Hardin, Paul Lombardo
Faculty Publications By Year
No abstract provided.
Closing The Door On The Public Policy Exception To At-
Will Employment: How The Washington State Supreme
Court Erroneously Foreclosed Wrongful Discharge
Claims For Whistleblowers In Cudney V. Alsco, Inc.,
2013
Seattle University School of Law
Closing The Door On The Public Policy Exception To At- Will Employment: How The Washington State Supreme Court Erroneously Foreclosed Wrongful Discharge Claims For Whistleblowers In Cudney V. Alsco, Inc., Laura A. Turczanski
Seattle University Law Review
In 2008, Matthew Cudney was terminated from his employment with ALSCO, Inc. a few weeks after reporting to his supervisor and human resources manager that he observed the branch general manager appearing intoxicated at work and driving away in a company vehicle. Cudney brought an action for wrongful discharge in violation of public policy, claiming that he was terminated in retaliation for reporting the manager’s drinking and driving. In a 5–4 decision, the Washington Supreme Court held that Cudney’s tort claim of wrongful discharge in violation of public policy could not proceed. This Note contends that the Cudney court erred …
Statutes Of Ill Repose And Threshold Canons Of
Construction: A Unified Approach To Ambiguity
After San Carlos Apache Tribe V. United States,
2013
Seattle University School of Law
Statutes Of Ill Repose And Threshold Canons Of Construction: A Unified Approach To Ambiguity After San Carlos Apache Tribe V. United States, Daniel Lee
Seattle University Law Review
Historically, the San Carlos Apache Tribe depended on the Gila River to irrigate crops and sustain a population of around 14,000 tribe members. The river is also sacred to the Tribe and central to the Tribe’s culture and spirituality. Initially, the federal government had recognized the Tribe’s dependence on the Gila River by reserving, under the Winters doctrine, water rights necessary to support the San Carlos Apache Reservation. Acting as the Tribe’s trustee, the United States entered into the Globe Equity Decree (the Decree), which prevented the San Carlos Apache Tribe from claiming water rights under the Winters doctrine and …
The "Positive Effect" Escape Hatch: The Eleventh Circuit's New View Of The Catalyst Theory And The Resulting Difficulty For Plaintiffs To Receive Attorney Fees,
2013
Mercer University School of Law
The "Positive Effect" Escape Hatch: The Eleventh Circuit's New View Of The Catalyst Theory And The Resulting Difficulty For Plaintiffs To Receive Attorney Fees, Lindsay Schafer
Mercer Law Review
Environmental plaintiffs now have fewer opportunities to receive attorney fees in the wake of the United States Court of Appeals for the Eleventh Circuit's decision in Friends of the Everglades v. South Florida Water Management District (Friends of the Everglades II). In this case the court further narrowed what plaintiffs' civil suits must accomplish to have a "positive catalytic effect." While many circuits, including the Eleventh Circuit, have focused on what it means for a party to be a "prevailing party" under various statutory schemes, and thus receive attorney fees, this case marks the first time the Eleventh Circuit has …
The Future Of Classwide Punitive Damages,
2013
New York University School of Law
The Future Of Classwide Punitive Damages, Catherine M. Sharkey
University of Michigan Journal of Law Reform
Conventional wisdom holds that the punitive damages class action is susceptiblenot only to doctrinal restraints imposed on class actions but also to constitutionaldue process limitations placed on punitive damages. Thus, it would seem that theprospects for punitive damages classes are even grimmer than for class actionsgenerally.This conventional picture misunderstands the role of punitive damages and, inparticular, the relationship between class actions and punitive damages. It eitherignores or underestimates the distinctly societal element of punitive damages, whichmakes them especially conducive to aggregate treatment. Furthermore, punitivedamages classes offer a solution to the constitutional due process problem of juriesawarding "classwide" damages in a …
An Experiment In Law Reform: Amchem Products V. Windsor,
2013
Stanford Law School.
An Experiment In Law Reform: Amchem Products V. Windsor, Patrick M. Hanlon
University of Michigan Journal of Law Reform
The Supreme Court's 1997 decision in Amchem Products, Inc. v. Windsor struck down the most ambitious settlement class action ever attempted. The settlement was, however, the logical outgrowth of the federal judiciary's efforts in the early 1990s to resolve a "disaster" of "critical proportions." Many factors, not least the Supreme Court's decision in Amchem, turned the tide against this trend. Ironically, however, the post-Amchem world has come to look a lot like Amchem. The settlement's central feature-deferral of unimpaired claims to assure the availability of resources to compensate the sick-was subsequently incorporated (either by statute or through judicial decision) into …
Constitutional Standing In Singapore: A Comment On Tan Eng Fong V Attorney General,
2013
City University of Hong Kong
Constitutional Standing In Singapore: A Comment On Tan Eng Fong V Attorney General, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Third Time's The Charm: The Coming Impact Of The Restatement (Third) Restitution And Unjust Enrichment In Bankruptcy,
2013
Pepperdine University
Third Time's The Charm: The Coming Impact Of The Restatement (Third) Restitution And Unjust Enrichment In Bankruptcy, C. Scott Pryor
Pepperdine Law Review
Bankruptcy courts have frequently been characterized as courts of equity. Often this characterization has accompanied unusually relaxed interpretation or application of a provision of the Bankruptcy Code. However, this understanding does not exhaust the meaning of equity in bankruptcy. Historically, equity covered a large range of topics–trusts and estates, injunction, contracts, specific performance, unjust enrichment, restitution, and disgorgement. In addition, equity was not limited to particular remedies. Equity’s remedies certainly included money damages but recognized many more. The law of equity was substantive as well as remedial; it recognized primary rights as well as secondary rights of rectification. Among equity's …
Infant Pain And Suffering: The Valuation Dilemma,
2013
Pepperdine University
Infant Pain And Suffering: The Valuation Dilemma, Peter N. Kalionzes
Pepperdine Law Review
No abstract provided.
Perspectives In Consumer Advocacy: Antitrust Parens Patriae Suits Pursuant To The Hart-Scott-Rodino Antitrust Improvements Act- A Solution For Wrongs Without Redress,
2013
Pepperdine University
Perspectives In Consumer Advocacy: Antitrust Parens Patriae Suits Pursuant To The Hart-Scott-Rodino Antitrust Improvements Act- A Solution For Wrongs Without Redress, Andrew B. Jones
Pepperdine Law Review
No abstract provided.
