A Run For Your Money: The Supreme Court Of Georgia In Taylor V. Devereux Foundation, Inc. Upholds The Constitutionality Of The Statutory Cap On Punitive Damages,
2023
Mercer University School of Law
A Run For Your Money: The Supreme Court Of Georgia In Taylor V. Devereux Foundation, Inc. Upholds The Constitutionality Of The Statutory Cap On Punitive Damages, Rachel N. Ratajczak
Mercer Law Review
The sky is the limit! This idiom rings true, except for plaintiffs in many states who dream of million-dollar punitive damage awards. Many states have statutorily capped punitive damage awards, despite their role as “quasi-criminal . . . private fines” to punish defendants for their wrong-doing, and to deter future similar conduct by others. Challenges to statutory caps have plagued both federal and state courts for decades.
In 2023, the Supreme Court of Georgia in Taylor v. Devereux Foundation, Inc. addressed whether O.C.G.A. § 51-12-5.1(g), Georgia’s statutory cap on punitive damages, violates the right to trial by jury, separation …
Confederate Standoff: The Georgia Supreme Court Clarifies Standing Requirements In Sons Of Confederate Veterans V. Henry County Board Of Commissioners,
2023
Mercer University School of Law
Confederate Standoff: The Georgia Supreme Court Clarifies Standing Requirements In Sons Of Confederate Veterans V. Henry County Board Of Commissioners, Clay Wright
Mercer Law Review
The Supreme Court of Georgia’s ruling in Sons of Confederate Veterans v. Henry County Board of Commissioners marks a transformative moment in the evolution of Georgia’s standing doctrine. The case delves into the dimensions of standing in Georgia courts, specifically addressing whether community stakeholders, such as citizens, residents, taxpayers,and voters, must prove an individualized injury to establish standing when raising a general grievance against their local government.
Police Officers, Policy, And Personnel Files: Prosecutorial Disclosure Obligations Above And Beyond Brady,
2023
Fordham University School of Law
Police Officers, Policy, And Personnel Files: Prosecutorial Disclosure Obligations Above And Beyond Brady, Lauren Giles
Fordham Law Review
Police officers play a significant role in the criminal trial process and are unlike any other witness who will take the stand. They are trained to testify, and jurors find them more credible than other witnesses, even though officers may have more incentive to lie than the ordinary witness. Despite the role of police officers in criminal proceedings, state statutes say virtually nothing about evidence used to impeach police officers, often contained in the officer’s personnel file. Worse still, the standard for disclosing information in an officer’s personnel file varies among and within states, resulting in inconsistent Brady disclosures. This …
Divide, "Two-Step," And Conquer: How Johnson & Johnson Spurred The Bankruptcy System,
2023
University of Cincinnati College of Law
Divide, "Two-Step," And Conquer: How Johnson & Johnson Spurred The Bankruptcy System, Patrick Maney
University of Cincinnati Law Review
No abstract provided.
Underage And Unprotected: Federal Grand Juries, Child Development, And The Systemic Failure To Protect Minors Subpoenaed As Witnesses,
2023
University of Cincinnati College of Law
Underage And Unprotected: Federal Grand Juries, Child Development, And The Systemic Failure To Protect Minors Subpoenaed As Witnesses, Lucy Litt
University of Cincinnati Law Review
Grand juries in the United States were originally intended to protect people from unwarranted criminal prosecution by the government; however, criticism of federal grand juries in the U.S. throughout the past five decades demonstrates that these deliberative bodies protect prosecutors at the expense of the people subjected to their investigations. Worse still, federal grand jury proceedings circumvent fundamental constitutional rights, direct judicial oversight, and many of the procedural protections of criminal trials; they enable prosecutors to strip unaccused individuals subpoenaed solely for witness testimony of their safety, rights, and liberty. Prosecutorial misconduct has received increasingly widespread attention, especially in recent …
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Rise And Fall Of Premises Liability For Injuries Arising From Third-Party Criminal Activity In Mississippi,
2023
Mississippi College School of Law
The Rise And Fall Of Premises Liability For Injuries Arising From Third-Party Criminal Activity In Mississippi, Mark J. Goldberg
Mississippi College Law Review
On July 1, 2019, the Landowners Protection Act (the “Act”) became effective in Mississippi. The Act modified existing law as to premises liability for failure to protect against the criminal acts of third-parties in two respects. First, a new Code section was enacted, granting property owners several protections from such claims. Second, Mississippi’s joint and several liability statute was amended to allow for apportionment of fault between premises owners and intentional tortfeasors, i.e., criminal actors.
In the debate leading to the Act’s passage, proponents of the legislation provided that it was intended to codify prior court rulings and ensure that …
The Death Knell And The Wild West: Two Dangers Of Domestic Discovery In Foreign Adjudications,
2023
University of Michigan Law School
The Death Knell And The Wild West: Two Dangers Of Domestic Discovery In Foreign Adjudications, Shay M. Collins
Michigan Law Review
Under 28 U.S.C. § 1782(a), parties to foreign legal proceedings can obtain discovery orders from United States federal courts. In other words, if a foreign party needs physical evidence located in—or testimony from a person residing in—the United States to support their claim or defense, they can ask a district court to order the production of that evidence. For almost two decades, § 1782(a) practice has operated as a procedural Wild West. Judges routinely consider § 1782(a) applications ex parte—that is, without giving the parties subject to the resulting discovery orders a chance to oppose them—and grant those applications at …
Anything But Prideful: Free Speech And Conversion Therapy Bans, State-Federal Action Plans, And Rooting Out Medical Fraud,
2023
Fordham University School of Law
Anything But Prideful: Free Speech And Conversion Therapy Bans, State-Federal Action Plans, And Rooting Out Medical Fraud, Jordan Hutt
Fordham Law Review
At a time when conversion therapy might seem archaic to many people, this practice remains prevalent across the United States and finds legal support in the halls of federal courthouses. In 2020, the U.S. Court of Appeals for the Eleventh Circuit, in Otto v. City of Boca Raton, held that two ordinances banning conversion therapy in Boca Raton and Palm Beach violated First Amendment free speech rights. Specifically, Otto held that conversion therapy bans were content-based restrictions subject to strict scrutiny. Conversely, the U.S. Courts of Appeals for the Third and Ninth Circuits’ prior decisions upheld conversion therapy bans …
Itlos Advisory Opinion On Climate Change: Summary Of Briefs And Statements Submitted To The Tribunal,
2023
Columbia Law School, Sabin Center for Climate Change Law
Itlos Advisory Opinion On Climate Change: Summary Of Briefs And Statements Submitted To The Tribunal, Maria Antonia Tigre, Korey Silverman-Roati
Sabin Center for Climate Change Law
This report provides a summary of the briefs and statements submitted to the International Tribunal for the Law of the Sea (ITLOS) in response to the Co-Chairs of Commission of Small Island States (COSIS)’ request for an advisory opinion on climate change-related legal questions. The central issue before the ITLOS is whether State Parties to UNCLOS have specific obligations regarding the prevention, reduction, and control of marine environmental pollution stemming from climate change, as well as the protection and preservation of the marine environment concerning climate change impacts. While States and civil society organizations have put forward a variety of …
Aaron Twerski: Practical Wisdom At Ground Zero,
2023
Benjamin N. Cardozo School of Law
Aaron Twerski: Practical Wisdom At Ground Zero, Anthony J. Sebok
Articles
This Article celebrates Professor. Aaron Twerski’s “practical wisdom” in crafting a solution (with Jim Henderson) to a problem faced by Judge Alvin Hellerstein in the so-called 9/11 First Responder cases. The problem was that Congress did not include these plaintiffs within the Victims Compensation Fund (“VCF”) despite there being every reason to suspect that the interaction of workersman’s compensation law and tort law, if left to operate on their own, would generate a politically unacceptable outcome. Despite his clear misgivings – —expressed decades earlier – —about allowing those who control the workplace to enjoy the benefits of limited liability guaranteed …
Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency,
2023
University of New Hampshire
Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps
UNH Sports Law Review
No abstract provided.
Play Like A Girl, Get Paid Like A… Man?,
2023
University of New Hampshire
Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool
UNH Sports Law Review
No abstract provided.
Change Is Growth: The Future Of The Ncaa And College Athletics,
2023
UNH Franklin Pierce School of Law
Change Is Growth: The Future Of The Ncaa And College Athletics, Conner Poulin
UNH Sports Law Review
No abstract provided.
Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour,
2023
UNH Franklin Pierce School of Law
Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour, Michael Dube, Libba Galloway, Chantel Mccabe, Michael Mccann, Alan Milstein
UNH Sports Law Review
No abstract provided.
A Breakdown Of Where Nil Currently Stands,
2023
University of New Hampshire
A Breakdown Of Where Nil Currently Stands, Justin Cavegn
UNH Sports Law Review
No abstract provided.
The Role Of U.S. Government Regulatioms,
2023
Purdue University
The Role Of U.S. Government Regulatioms, Bert Chapman
Libraries Faculty and Staff Presentations
Provides detailed coverage of information resources on U.S. Government information resources for federal regulations. Features historical background on these regulations, details on the Federal Register and Code of Federal Regulations, includes information on individuals can participate in the federal regulatory process by commenting on proposed agency regulations via https://regulations.gov/, describes the role of presidential executive orders, refers to recent and upcoming U.S. Supreme Court cases involving federal regulations, and describes current congressional legislation seeking to give Congress greater involvement in the federal regulatory process.
Why Law Isn’T Jazz: A Response,
2023
University at Buffalo School of Law
Framing Effects, Rhetorical Devices, And High-Stakes Litigation: A Cautionary Tale,
2023
Allard School of Law at the University of British Columbia
Framing Effects, Rhetorical Devices, And High-Stakes Litigation: A Cautionary Tale, Marcus Moore
All Faculty Publications
Opposing lawyers frame the facts of a case to serve their client, craft leading questions, and exert pressure on the witness to go along with their desired answer. To counter this, counsel for the witness must anticipate this and prepare the witness to tacitly ask themselves before answering such questions: whether a frame is being employed?; and if so, they should respond in their own words, rather than in the terms put to them by the opposing lawyer. Courts might counsel themselves to employ similar caution when incorporating discussion taken from politics or related policy debate. They may not be …
Mutual Optimism And Risk Preferences In Litigation,
2023
Boston University School of Law
Mutual Optimism And Risk Preferences In Litigation, Keith N. Hylton
Faculty Scholarship
Why do some legal disputes fail to settle? From a bird’s eye view, the literature offers two categories of reasons. One consists of arguments based on informational disparities. The other consists of psychological arguments. This paper explores the psychological theory. It presents a model of litigation driven by risk preferences and examines the model’s implications for trials and settlements. The model suggests a foundation in Prospect Theory for the Mutual Optimism model of litigation. The model’s implications for plaintiff win rates, settlement patterns, and informational asymmetry with respect to the degree of risk aversion are examined.
