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Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin 2016 University of Maryland Francis King Carey School of Law

Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin

Faculty Scholarship

After seventy years of trying, the Supreme Court has yet to agree on whether the Rules Enabling Act articulates a one or two part standard for determining the validity of a Federal Rule. Is it enough that a Federal Rule regulates “practice and procedure,” or must it also not “abridge substantive rights”? The Enabling Act seems to require both, but the Court is not so sure, and the costs of its uncertainty are real. Among other things, litigants must guess whether the decision to apply a Federal Rule in a given case will depend upon predictable ritual, judicial power grab ...


Public Accounting And The Myth Of The Public Interest.Pdf, Wm. Dennis Huber 2016

Public Accounting And The Myth Of The Public Interest.Pdf, Wm. Dennis Huber

Wm. Dennis Huber

For decades it has been drummed into the conscience, the consciousness, and the subconscious of accounting students, researchers, and practitioners alike that the public interest is the sine qua non of the public accounting profession. Accounting researchers have attempted to explore the multi-faceted nature of what is referred to as the public interest based on the assumption that the public interest actually exists in the public accounting profession (including professional accounting organizations, government and quasi-government regulatory agencies, and auditing and accounting standard setting bodies). This paper questions that assumption by conducting an exegesis of the texts of the legislative findings ...


Book Review: International Licensing Agreements. Edited By Gótz M. Pollzien And Eugen Langen. Indianapolis And New York: The Bobbs-Merrill Co., 2d Ed. 1971. Pp. Xlvi, 593. $35.00., William M. Poole 2016 McClain, Mellen, Bowling & Hickman

Book Review: International Licensing Agreements. Edited By Gótz M. Pollzien And Eugen Langen. Indianapolis And New York: The Bobbs-Merrill Co., 2d Ed. 1971. Pp. Xlvi, 593. $35.00., William M. Poole

Georgia Journal of International & Comparative Law

No abstract provided.


Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler 2016 University of Georgia School of Law

Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke 2016 International Bank for Reconstruction and Development

Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke

Georgia Journal of International & Comparative Law

No abstract provided.


Twombly And Iqbal At The State Level, Roger Michalski, Abby Wood 2016 Brooklyn Law School

Twombly And Iqbal At The State Level, Roger Michalski, Abby Wood

University of Southern California Legal Studies Working Paper Series

This paper contributes to the empirical literature on pleading standards by studying the effect of Twombly and Iqbal at the state level. States account for the majority of civil litigation, yet they are understudied doctrinally and empirically. When we consider pleading at the state level, we can leverage differences across space and time in a way that is impossible with studies of federal courts. Using an array of principled empirical approaches on the best-available data, we find no evidence that raising pleading standards affected plaintiff behavior. We observe no decrease in filings and no significant change in complaint length, number ...


Strategies For Combating Patent Trolls, J. Jason Williams, Mark V. Campagna, Olivia E. Marbutt 2016 Jones Day

Strategies For Combating Patent Trolls, J. Jason Williams, Mark V. Campagna, Olivia E. Marbutt

Journal of Intellectual Property Law

No abstract provided.


Admiralty - Jurisdiction - For Aviation Tort Claims To Be Brought In Admiralty, A Significant Relationship To Traditional Maritime Activity Must Be Shown, Grier Newlin 2016 University of Georgia School of Law

Admiralty - Jurisdiction - For Aviation Tort Claims To Be Brought In Admiralty, A Significant Relationship To Traditional Maritime Activity Must Be Shown, Grier Newlin

Georgia Journal of International & Comparative Law

No abstract provided.


International Law - Justiciability - Appellants Have Standing To Seek Injunction Against United States Trade With Southern Rhodesia, But Their Suit States A Claim Incapable Of Judicial Resolution, George Shingler 2016 University of Georgia School of Law

International Law - Justiciability - Appellants Have Standing To Seek Injunction Against United States Trade With Southern Rhodesia, But Their Suit States A Claim Incapable Of Judicial Resolution, George Shingler

Georgia Journal of International & Comparative Law

No abstract provided.


Environmental Law - Oil Pollution Control - In The Absence Of Federal Preemption And Any Fatal Conflict Between Statutory Schemes, A State May Constitutionally Exercise Its Police Power To Provide For Cleanup Of Oil Spillage And For Recoupment Of Costs Concurrently With The Federal Government, Mary E. Deal 2016 University of Georgia School of Law

Environmental Law - Oil Pollution Control - In The Absence Of Federal Preemption And Any Fatal Conflict Between Statutory Schemes, A State May Constitutionally Exercise Its Police Power To Provide For Cleanup Of Oil Spillage And For Recoupment Of Costs Concurrently With The Federal Government, Mary E. Deal

Georgia Journal of International & Comparative Law

No abstract provided.


The Standard Investment Agreement: Text And Comments, Philippe Kahn 2016 Université de Dijon

The Standard Investment Agreement: Text And Comments, Philippe Kahn

Georgia Journal of International & Comparative Law

No abstract provided.


Compensation's Role In Deterrence, Russell M. Gold 2016 NYU School of Law

Compensation's Role In Deterrence, Russell M. Gold

New York University Law and Economics Working Papers

There are plenty of non-economic reasons to care whether victims are compensated in class actions. The traditional law and economics view, however, is that when individual claim values are small, there is no reason to care whether victims are compensated. Deterring wrongdoing is tort law’s primary economic objective. And on this score, law and economics scholars contend that only the aggregate amount of money that a defendant expects to pay affects deterrence. They say that it does not matter for deterrence purposes how that money is split between victims, lawyers, and charities. This Article challenges that claim about achieving ...


The Remains Of The Citadel (Economic Loss Rule In Products Cases), Catherine M. Sharkey 2016 NYU School of Law

The Remains Of The Citadel (Economic Loss Rule In Products Cases), Catherine M. Sharkey

New York University Law and Economics Working Papers

Though its seeds may have been planted long before, the economic loss rule in products liability tort law emerged in full force at the very same moment as the doctrine of strict products liability in the mid-1960s. This moment, fueled by the fall of privity and the rise of implied warranty earlier in the century, was of great doctrinal import — a moment when strict liability threatened to erase altogether the boundary between tort and contract in the context of defective products cases and move those cases firmly into the tort realm. The economic loss rule emerged as a crucial new ...


Compensation's Role In Deterrence, Russell M. Gold 2016 NYU School of Law

Compensation's Role In Deterrence, Russell M. Gold

New York University Public Law and Legal Theory Working Papers

There are plenty of non-economic reasons to care whether victims are compensated in class actions. The traditional law and economics view, however, is that when individual claim values are small, there is no reason to care whether victims are compensated. Deterring wrongdoing is tort law’s primary economic objective. And on this score, law and economics scholars contend that only the aggregate amount of money that a defendant expects to pay affects deterrence. They say that it does not matter for deterrence purposes how that money is split between victims, lawyers, and charities. This Article challenges that claim about achieving ...


State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries 2016 University of Kentucky College of Law

State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries

Scott R. Bauries

This Article begins by reviewing Wesley Newcomb Hohfeld's “fundamental conceptions” and expanding his theory to the arena of state constitutional rights, building on recent work by other scholars. From this foundation, it moves to a discussion of the sources of rights to education. The Article then examines the text of relevant state constitutional provisions, as well as the ever-changing landscape of school finance litigation, the principal vehicle through which litigants assert constitutional claims based on ostensible education rights. Next, it systematically analyzes the population of reported cases from the highest state courts to identify Hohfeldian conceptions of education rights ...


Newsroom: New York Times: Teitz On Touro Synagogue 5-16-2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: New York Times: Teitz On Touro Synagogue 5-16-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn 2016 University of Georgia School of Law

Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


Some Structural Dilemmas Of World Organization, C. Wilfred Jenks 2016 International Labor Organization

Some Structural Dilemmas Of World Organization, C. Wilfred Jenks

Georgia Journal of International & Comparative Law

No abstract provided.


Making A Buck While Making A Difference, Alphonse A. Gerhardstein 2016 University of Michigan Law School

Making A Buck While Making A Difference, Alphonse A. Gerhardstein

Michigan Journal of Race and Law

It is not right for children to die before their parents. It is not right for peaceful, unarmed citizens to die at the hands of the police. In my civil rights practice, I have met many mothers, fathers, and family members who are struggling to recover after a law enforcement officer caused the death of their loved one. Sure, they want fair compensation. But money does little to reduce their loss or make the grief more bearable. They often want to do something that will ensure that their loved one did not die in vain. They want to prevent other ...


Online Case Resolution Systems: Enhancing Access, Fairness, Accuracy, And Efficiency, Maximilian A. Bulinski, J.J. Prescott 2016 University of Michigan Law School

Online Case Resolution Systems: Enhancing Access, Fairness, Accuracy, And Efficiency, Maximilian A. Bulinski, J.J. Prescott

Michigan Journal of Race and Law

Online case resolution (OCR) systems have the potential to dramatically increase access to our justice system. Part I introduces the concept of an OCR system, how it might work in practice, and its likely impact on courts and citizens. Part II argues that OCR systems can lower many of the barriers to going to court by reducing the need for face-to-face resolution of disputes; cutting the amount of time needed for hearings; mitigating litigant confusion and fear; allowing asynchronous scheduling that can accommodate work and child-care schedules; and offering a more reliable and easier-to-use means for litigants to voice their ...


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