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Advocacy For Marriage Equality: The Power Of A Broad Historical Narrative During A Transitional Period In Civil Rights, Charles R. Calleros 2016 Arizona State University

Advocacy For Marriage Equality: The Power Of A Broad Historical Narrative During A Transitional Period In Civil Rights, Charles R. Calleros

Charles R. Calleros

Previous civil rights movements in the United States define broad historical patterns that form a narrative helpful to a proper understanding of new controversies. In essence, as a society we often could benefit from a reminder that our actions today will form the history for future generations, who will judge us with benefit of hindsight and a broader perspective. With each new civil rights controversy, we owe it to ourselves and to the victims of discrimination to ask whether we are once again in a period of transition, where conventional mores will soon sound as jarring as Justice Bradley’s ...


Holding Up And Holding Out, Colleen V. Chien 2015 Santa Clara University

Holding Up And Holding Out, Colleen V. Chien

Michigan Telecommunications and Technology Law Review

Patent “hold-up” and patent “hold-out” present important, alternative theories for what ails the patent system. Patent “hold-up” occurs when a patent owner sues a company when it is most vulnerable—after it has implemented a technology—and is able wrest a settlement because it is too late for the company to change course. Patent “hold-out” is the practice of companies routinely ignoring patents and resisting patent owner demands because the odds of getting caught are small. Hold-up has arguably predicted the current patent crises, and the ex ante assertion of technology patents whether in the smartphone war, standards, or patent ...


Inside The Caucus: An Empirical Analysis Of Mediation From Within, Daniel M. Klerman, Lisa Klerman 2015 USC Law School

Inside The Caucus: An Empirical Analysis Of Mediation From Within, Daniel M. Klerman, Lisa Klerman

University of Southern California Legal Studies Working Paper Series

This article provides a glimpse into the worlds of mediation and settlement negotiation. Because they are almost always private, there has been relatively little empirical analysis of the dynamics of settlement or mediation. This article analyzes a unique data set derived from a mediator’s contemporaneous notes of mediations involving employment disputes, such as claims of discrimination or wrongful termination. Although the data set includes over four hundred cases, since they were all mediated by a single mediator, this article can be viewed as a case study. Among the most interesting facts uncovered by this analysis are the following. Mediation ...


The Curious, Perjurious Requirements Of Illinois Supreme Court Rule 12(B)(3)., Wm. Dennis Huber 2015 Capella University

The Curious, Perjurious Requirements Of Illinois Supreme Court Rule 12(B)(3)., Wm. Dennis Huber

Wm. Dennis Huber

A 2010 survey of Illinois Civil Procedure discussed recent amendments to the Illinois Supreme Court Rules that apply to civil practice issues.1 The survey began with Notices of Appeal and a substantial part of the survey of Notices of Appeal was devoted to Secura Insurance Co. v. Illinois Farmers Insurance Co.2 The purpose of this Article is to examine in greater depth the requirements of filing notices of appeal under Illinois Supreme Court Rule 12(b)(3) and the corresponding proof of service of Rule 373.

Illinois Supreme Court Rule 12(b)(3) has what can only be ...


Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang 2015 University of Pennsylvania Law School

Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang

Faculty Scholarship

In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for ...


Updating Priest And Klein, Yoon-Ho Alex Lee, Daniel M. Klerman 2015 USC Gould School of Law

Updating Priest And Klein, Yoon-Ho Alex Lee, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

In their 1984 article, “The Selection of Disputes for Litigation,” Priest and Klein famously hypothesized a “tendency toward 50 percent plaintiff victories” among litigated cases. Nevertheless, many scholars doubt the validity of their conclusions, because the model they relied upon does not meet modern standards of rigor. This article updates the Priest-Klein model by considering three modifications. First, we raise a novel critique of the Priest-Klein model—that it is non-Bayesian—and show that most of the results of Priest and Klein (1984) pertaining to limits nevertheless remain valid under a modified model in which parties use Bayes’ rule to ...


The Priest-Klein Hypotheses: Proofs And Generality, Yoon-Ho Alex Lee, Daniel M. Klerman 2015 USC Gould School of Law

The Priest-Klein Hypotheses: Proofs And Generality, Yoon-Ho Alex Lee, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

Priest and Klein’s 1984 article, “The Selection of Disputes for Litigation,” famously hypothesized a “tendency toward 50 percent plaintiff victories” among litigated cases. Despite the article’s enduring influence, its results have never been formally proved, and doubts remain about their meaning, validity, and generality. This article makes two main contributions. First, it distinguishes six distinct hypotheses plausibly attributable to Priest and Klein. Second, it mathematically proves or disproves the hypotheses under a formalized and generalized version of Priest and Klein’s model. The Fifty-Percent Limit Hypothesis and three other hypotheses attributable to Priest and Klein (1984) are mathematically ...


New Hardware And Software Innovations (For Volumetric Modeling), A. Keith Turner 2015 University of Colorado Law School

New Hardware And Software Innovations (For Volumetric Modeling), A. Keith Turner

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

19 pages (includes illustrations and maps).


Bellwether Trial Selection In Multi-District Litigation: Empirical Evidence In Favor Of Random Selection, Loren H. Brown, Matthew A. Holian, Arindam Ghosh 2015 University of Akron

Bellwether Trial Selection In Multi-District Litigation: Empirical Evidence In Favor Of Random Selection, Loren H. Brown, Matthew A. Holian, Arindam Ghosh

Akron Law Review

No abstract provided.


Contracts Of Individuals Who Are Incompetent Without Guardianship And The Interpretation Of Article 428 Of The Italian Civil Code: Is The Court Of Cassation Wrong?, enrico baffi 2015 Università Guglielmo Marconi

Contracts Of Individuals Who Are Incompetent Without Guardianship And The Interpretation Of Article 428 Of The Italian Civil Code: Is The Court Of Cassation Wrong?, Enrico Baffi

enrico baffi

This paper aims at demonstrating that excessive protection of incompetent people can produce unintended negative consequences. Both in the Italian system, which is examined here in depth, and in American common law, a contract can be annulled if there is bad faith of behalf of the party who is not incompetent. However, a party in bad faith could offer an incompetent person a contract that does not produce a prejudice and could, in fact, be beneficial for the incompetent party. If the contract can be annulled, and if the prejudice occasionally occurs, the incompetent party can request a contract annulment ...


Inmates’ E-Mails With Their Attorneys: Off-Limits For The Government?, Amelia H. Barry 2015 The Catholic University of America, Columbus School of Law

Inmates’ E-Mails With Their Attorneys: Off-Limits For The Government?, Amelia H. Barry

Catholic University Law Review

The attorney-client privilege is vital to inmates who otherwise have limited opportunities for private communications in prison. Traditionally, inmates have only been able to communicate with their attorneys via in-person visits, phone calls, and mailed letters. As federal inmates have begun using e-mail to converse with their attorneys, courts have had to determine if these conversations are protected by the attorney-client privilege. This Comment discusses courts’ approaches to this question, many of which have found that inmates’ e-mail communications with their attorneys are not privileged because by using the federal prison e-mail system, which warns users that conversations can be ...


Scrutiny Of The Venire, Scrutiny From The Bench: Smithkline Beecham Corp. V. Abbott Laboratories And The Application Of Heightened Scrutiny To Sexual Orientation Classifications, Parker Williams 2015 The Catholic University of America, Columbus School of Law

Scrutiny Of The Venire, Scrutiny From The Bench: Smithkline Beecham Corp. V. Abbott Laboratories And The Application Of Heightened Scrutiny To Sexual Orientation Classifications, Parker Williams

Catholic University Law Review

In SmithKline Beecham Corp. v. Abbott Laboratories, the Ninth Circuit Court of Appeals applied heightened scrutiny to a sexual orientation classification. Through SmithKline, the Ninth Circuit became one of the first federal circuit courts to do so explicitly; and by unequivocally applying a more exacting standard than rational basis, it furthered the framework developed in cases such as Romer v. Evans, Lawrence v. Texas, and United States v. Windsor. This Note asserts that SmithKline is a significant victory for the advancement of LGBT rights, as evidenced by its use to strike down several same-sex marriage bans and in court filings ...


Summary Of Logan V. Abe, 131 Nev. Adv. Op. No. 31 (Jun. 4, 2015), Michael S. Valiente 2015 Nevada Law Journal

Summary Of Logan V. Abe, 131 Nev. Adv. Op. No. 31 (Jun. 4, 2015), Michael S. Valiente

Nevada Supreme Court Summaries

A party incurs an expense even if a third party pays the expense on the party’s behalf, as long as the party would otherwise be legally obligated to pay the expense. Thus, costs and reasonable attorney fees that a third party paid on behalf of a litigant can be recovered under NRS 17.115(4) and NRCP 68(f)(2). In addition, a party can recover expert witness fees even if the expert did not testify at trial and was not deposed.


Heir Property In The African American Community: From Promised Lands To Problem Lands, Roy W. Copeland 2015 Langdale College of Business Administration, Valdosta State University

Heir Property In The African American Community: From Promised Lands To Problem Lands, Roy W. Copeland

Professional Agricultural Workers Journal

Abstract

African American landowners have been reluctant to take advantage of intergenerational succession laws which provide for an orderly transfer of property from one generation to the next. This reluctance has led to a prevalence of heir property. Heir property is created when a person dies intestate. Heir property has created an impediment to wealth accumulation and has contributed to African American land loss in America. Partition actions are a byproduct of heir property which has operated to accelerate the loss of real property in the African American community. The Uniform Partition of Heir Property Act provides for procedural safeguards ...


The End Of Another Era: Reflections On Daimler And Its Implications For Judicial Jurisdiction In The United States, Linda J. Silberman 2015 New York University School of Law

The End Of Another Era: Reflections On Daimler And Its Implications For Judicial Jurisdiction In The United States, Linda J. Silberman

New York University Public Law and Legal Theory Working Papers

The Supreme Court’s decision in Daimler AG v. Bauman confirmed what the Court hinted at in its earlier decision in Goodyear Dunlop Tires v. Brown—that a corporation must be sued “at home” unless the claims being asserted relate to the corporation’s activity in the forum state. Together, the decisions put an end to an era of general jurisdiction jurisprudence in the United States. Professor Silberman highlights the impact of these decisions in both interstate and international cases. She examines related areas of jurisdictional doctrine that are likely to be affected, including new ways of defining and interpreting ...


Drafting New York Civil-Litigation Documents: Part Xlii—In Limine, Trial, And Post-Trial Motions Continued, Gerald Lebovits 2015 Columbia, Fordham & NYU Law Schools

Drafting New York Civil-Litigation Documents: Part Xlii—In Limine, Trial, And Post-Trial Motions Continued, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Obtaining International Judicial Assistance Under The Federal Rules And The Hague Convention On The Taking Of Evidence Abroad In Civil And Commercial Matters: An Exposition Of The Procedures And A Practical Example: In Re Westinghouse Uranium Contract Litigation, Robert J. Augustine 2015 University of Georgia School of Law

Obtaining International Judicial Assistance Under The Federal Rules And The Hague Convention On The Taking Of Evidence Abroad In Civil And Commercial Matters: An Exposition Of The Procedures And A Practical Example: In Re Westinghouse Uranium Contract Litigation, Robert J. Augustine

Georgia Journal of International & Comparative Law

No abstract provided.


Summary Of Manning V. State, 131 Nev. Adv. Op. 26 (May 7, 2015), Scott Lundy 2015 Nevada Law Journal

Summary Of Manning V. State, 131 Nev. Adv. Op. 26 (May 7, 2015), Scott Lundy

Nevada Supreme Court Summaries

The Court held that it is a constitutional error when the district court fails to notify and confer with the parties when the court receives and responds to a note from the jury indicating that they are deadlocked. The Court further held such error will be reviewed for harmlessness beyond a reasonable doubt.


The Litigation Budget, Jay Tidmarsh 2015 Notre Dame Law School

The Litigation Budget, Jay Tidmarsh

Journal Articles

Because of fears that litigation is too costly, reduction of litigation expenses has been the touchstone of procedural reform for the past thirty years. In certain circumstances, however, the parties have incentives—both rational and irrational—to spend more on a lawsuit than the social benefits that the case provides. Present and proposed reform efforts do not adequately address these incentives, and, in some instances, exacerbate the parties’ incentives to overspend. The best way to ensure that the cost of a lawsuit does not exceed the benefits that it provides to the parties and society is to control spending directly ...


A Simple Theory Of Complex Valuation, Anthony J. Casey, Julia Simon-Kerr 2015 University of Chicago Law School

A Simple Theory Of Complex Valuation, Anthony J. Casey, Julia Simon-Kerr

Michigan Law Review

Complex valuations of assets, companies, government programs, damages, and the like cannot be done without expertise, yet judges routinely pick an arbitrary value that falls somewhere between the extreme numbers suggested by competing experts. This creates costly uncertainty and undermines the legitimacy of the court. Proposals to remedy this well-recognized difficulty have become increasingly convoluted. As a result, no solution has been effectively adopted and the problem persists. This Article suggests that the valuation dilemma stems from a misconception of the inquiry involved. Courts have treated valuation as its own special type of inquiry distinct from traditional fact-finding. We show ...


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