Harmonizing Third-Party Litigation Funding Regulation,
2015
Boston University School of Law
Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani
Faculty Scholarship
Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a “wild west” due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation …
Incorporating Legal Claims,
2015
Boston University School of Law
Incorporating Legal Claims, Maya Steinitz
Faculty Scholarship
Recent years have seen an explosion of interest in commercial litigation funding. Whereas the judicial, legislative, and scholarly treatment of litigation finance has regarded litigation finance first and foremost as a form of champerty and sought to regulate it through rules of legal professional responsibility (hereinafter, the "legal ethics paradigm"), this Article suggests that the problems created by litigation finance are all facets of the classic problems created by "the separation of ownership and control" that have been a focus of business law since the advent of the corporate form. Therefore, an "incorporation paradigm," offered here, is more appropriate. "Incorporating …
Tax Accrual Workpapers And Textron: Is Litigation Strategy No Longer Protected?,
2015
Northwestern Pritzker School of Law
Tax Accrual Workpapers And Textron: Is Litigation Strategy No Longer Protected?, Lindsey Sullivan
Northwestern University Law Review
No abstract provided.
Class Action Tolling Issues,
2015
Texas A&M University School of Law
A Guide To New York State Commercial Landlord-Tenant Law And Procedure—Part I,
2015
Columbia, Fordham & NYU Law Schools
A Guide To New York State Commercial Landlord-Tenant Law And Procedure—Part I, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Drafting New York Civil-Litigation Documents: Part Xxxix—Motions To Vacate A Default Judgment Continued,
2015
Columbia, Fordham & NYU Law Schools
Drafting New York Civil-Litigation Documents: Part Xxxix—Motions To Vacate A Default Judgment Continued, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Trending@Rwu Law: Professor Jared Goldstein's Post: A Fireside Chat With Solicitor General Donald Verrilli, Jr.,
2015
Roger Williams University School of Law
Trending@Rwu Law: Professor Jared Goldstein's Post: A Fireside Chat With Solicitor General Donald Verrilli, Jr., Jared Goldstein
Law School Blogs
No abstract provided.
Newsroom: Logan On Possibility Of Bp Settlement,
2015
Roger Williams University
Newsroom: Logan On Possibility Of Bp Settlement, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: Logan On Impact Of Bp Liability,
2015
Roger Williams University
Newsroom: Logan On Impact Of Bp Liability, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Everything Is Presumed In Texas,
2015
Shook, Hardy & Bacon L.L.P.
Everything Is Presumed In Texas, Benjamin Walther
Benjamin Walther
As this Article will reveal, the Fifth Circuit has traditionally been loath to apply the presumption against preemption in most cases. Texas courts, on the other hand, have consistently employed a particularly strong application of the presumption to all types of preemption cases. This inconsistency between these two jurisdictions creates an incentive for forum shopping. Generally, the courts rely on a defendant’s ability to remove a case to the federal courts to counteract the plaintiff’s exclusive power to decide the forum. This ability, however, is not available to a defendant within the context of preemption cases. As such, there is …
Appraisal Arbitrage And The Future Of Public Company M&A,
2015
Brooklyn Law School
Appraisal Arbitrage And The Future Of Public Company M&A, Minor Myers, Charles R. Korsmo
Faculty Scholarship
No abstract provided.
Managing Personal Device Use In The Workplace: How To Avoid Data Security Issues And The Dig Yourself Out Of Your Failed Byod Policy,
2015
Suffolk University Law School
Managing Personal Device Use In The Workplace: How To Avoid Data Security Issues And The Dig Yourself Out Of Your Failed Byod Policy, Andrew Freedman
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Statistically Speaking: Questioning The Child Witness: What Is The Best Way To Get Information From Victims Of Sexual Abuse,
2015
Loyola University Chicago, School of Law
Statistically Speaking: Questioning The Child Witness: What Is The Best Way To Get Information From Victims Of Sexual Abuse, Lauren Rygg
Children's Legal Rights Journal
No abstract provided.
Surviving Preemption In A World Of Comprehensive Regulations,
2015
University of Michigan Law School
Surviving Preemption In A World Of Comprehensive Regulations, Kyle Anne Piasecki
University of Michigan Journal of Law Reform Caveat
The Clean Air Act imposes a federal regulatory regime on a number of sources of air pollution. It does not, however, provide a ready means of relief to individuals harmed by air polluters. Nevertheless, many courts have held that the Clean Air Act preempts state common law tort claims that do provide a means to such relief. The disparate benefits of the Clean Air Act and common law tort claims may indicate different purposes and make court imposed preemption of common law tort claims improper. This Comment argues that the Savings Clause in the Clean Air Act and in parallel …
Riders On The Storm: An Analysis Of Credit Card Fraud Cases,
2015
Suffolk University Law School
Riders On The Storm: An Analysis Of Credit Card Fraud Cases, Ioana Vasiu, Lucian Vasiu
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Note - Not Everything That Glitters Is Gold, Misclassification Of Employees: The Blurred Line Between Independent Contractors And Employees Under The Major Classification Tests,
2015
Suffolk University Law School
Note - Not Everything That Glitters Is Gold, Misclassification Of Employees: The Blurred Line Between Independent Contractors And Employees Under The Major Classification Tests, Julien M. Mundele
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Quintessential Political Problem: Current Conditions Justifying Current Burdens And The Modern Shift In Election Law Scrutiny,
2015
Suffolk University Law School
The Quintessential Political Problem: Current Conditions Justifying Current Burdens And The Modern Shift In Election Law Scrutiny, Joseph P. Mccarthy
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Bankruptcy- Is It Over Even Though No One Is Singing: Determining Finality In Bankruptcy Appeals- Bullard V. Hyde Park Sav. Bank (In Re Bullard), 752 F.3d 483 (1st Cir. 2014),
2015
Suffolk University Law School
Bankruptcy- Is It Over Even Though No One Is Singing: Determining Finality In Bankruptcy Appeals- Bullard V. Hyde Park Sav. Bank (In Re Bullard), 752 F.3d 483 (1st Cir. 2014), Corey W. Silva
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law-First Circuit Court Of Appeals Upholds A Citizen's Right To Film A Police Officer During A Traffic Stop Absent A Reasonable Restriction-Gericke V. Begin, 753 F.3d 1 (1st Cir. 2014),
2015
Suffolk University Law School
Constitutional Law-First Circuit Court Of Appeals Upholds A Citizen's Right To Film A Police Officer During A Traffic Stop Absent A Reasonable Restriction-Gericke V. Begin, 753 F.3d 1 (1st Cir. 2014), John J. Ryan
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Dead Money: A Posthumously Conceived Child's Inheritance Rights Under The Social Security Act & State Intestacy Law,
2015
Suffolk University Law School
Dead Money: A Posthumously Conceived Child's Inheritance Rights Under The Social Security Act & State Intestacy Law, Heather Lacount
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
