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4149 full-text articles. Page 7 of 86.

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 ...


States Vs. Fda, Catherine M. Sharkey 2016 NYU School of Law

States Vs. Fda, Catherine M. Sharkey

New York University Law and Economics Working Papers

In the United States, food and drug safety is regulated in two ways: a stringent ex ante, national regime led by the Food and Drug Administration (“FDA”) and a robust ex post system of state-law enforcement. This federalist structure, operating on dual regulatory levels, sets the stage for synergy and for conflict.

Two recent high-profile preemption lawsuits showcase a novel dimension of the dual regulatory structure: the role of states as competing and/or complementary actors vis-à-vis the FDA in regulating food and drug safety. In Zogenix, Inc. v. Patrick, a federal district court enjoined the Massachusetts government from enacting ...


The Bp Oil Spill Settlements, Classwide Punitive Damages, And Societal Deterrence, Catherine M. Sharkey 2016 NYU School of Law

The Bp Oil Spill Settlements, Classwide Punitive Damages, And Societal Deterrence, Catherine M. Sharkey

New York University Law and Economics Working Papers

The BP oil spill litigation and subsequent settlements provide an opportunity to explore a novel societal economic deterrence rationale for classwide supra-compensatory damages. Judge Jack Weinstein was a pioneer in the field of punitive damages class certification. In In re Simon II, he certified a nationwide punitive-damages-only class in a multijurisdiction, multidefendant tobacco lawsuit. Using Judge Weinstein’s innovations in In re Simon II as an analytical lens, the Article evaluates the future prospects for classwide punitive damages claims.

Specifically, the Article considers how private litigants might adopt a societal damages approach in negotiating and achieving class action settlements. Class ...


States Vs. Fda, Catherine M. Sharkey 2016 NYU School of Law

States Vs. Fda, Catherine M. Sharkey

New York University Public Law and Legal Theory Working Papers

In the United States, food and drug safety is regulated in two ways: a stringent ex ante, national regime led by the Food and Drug Administration (“FDA”) and a robust ex post system of state-law enforcement. This federalist structure, operating on dual regulatory levels, sets the stage for synergy and for conflict.

Two recent high-profile preemption lawsuits showcase a novel dimension of the dual regulatory structure: the role of states as competing and/or complementary actors vis-à-vis the FDA in regulating food and drug safety. In Zogenix, Inc. v. Patrick, a federal district court enjoined the Massachusetts government from enacting ...


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 ...


The Function Of The International Court Of Justice In The World Community, Ernest A. Gross 2016 University of Georgia School of Law

The Function Of The International Court Of Justice In The World Community, Ernest A. Gross

Georgia Journal of International & Comparative Law

No abstract provided.


When Bad Guys Are Wearing White Hats, Catherine A. Rogers 2016 Penn State Law

When Bad Guys Are Wearing White Hats, Catherine A. Rogers

Catherine Rogers

Allegations of ethical misconduct by lawyers have all but completely overshadowed the substantive claims in the Chevron case. While both sides have been accused of flagrant wrongdoing, the charges against plaintiffs’ counsel appear to have captured more headlines and garnered more attention. The primary reason why the focus seems lopsided is that plaintiffs’ counsel were presumed to be the ones wearing white hats in this epic drama. This essay postulates that this seeming irony is not simply an example of personal ethical lapse, but in part tied to larger reasons why ethical violations are an occupational hazard for plaintiffs’ counsel ...


[Book Review] Commercial Litigation In New York State Courts 4th Edition, Mikhail Koulikov 2016 Skadden, Arps, Slate, Meagher & Flom LLP

[Book Review] Commercial Litigation In New York State Courts 4th Edition, Mikhail Koulikov

Mikhail Koulikov

Commercial Litigation in New York State Courts (Robert L. Haig, ed., 4th ed. 2015)


The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-McLaughlin 2016 Touro College Jacob D. Fuchsberg Law Center

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams 2016 Touro College Jacob D. Fuchsberg Law Center

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Fred Brewington 2016 Touro College Jacob D. Fuchsberg Law Center

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.


Qualified Immunity When Facts Are In Dispute, Leon Friedman 2016 Touro College Jacob D. Fuchsberg Law Center

Qualified Immunity When Facts Are In Dispute, Leon Friedman

Touro Law Review

No abstract provided.


Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles 2016 Touro College Jacob D. Fuchsberg Law Center

Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles

Touro Law Review

No abstract provided.


Problems Concerning Litigating Custom And Practice Cases, Steve Ryals 2016 Touro College Jacob D. Fuchsberg Law Center

Problems Concerning Litigating Custom And Practice Cases, Steve Ryals

Touro Law Review

No abstract provided.


Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass 2016 Touro College Jacob D. Fuchsberg Law Center

Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass

Touro Law Review

No abstract provided.


Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin 2016 National University

Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin

D'Andre D. Lampkin

This research project explores correctional rehabilitation and disconnects between correctional facilities and linkage to follow up mental health treatment. One of the components to releasing inmates is providing them with services that help reintroduce them into society. For the mentally ill, linkage to mental health services after spending any amount of time in a correctional facility is heavily dependent on follow through by the former inmate and the expediency and capacity of the mental health departments’ outpatient facilities within the community the former inmate is released into.


The Changing Odds Of The Chancery Lottery, Marianna Wonder 2016 Fordham University School of Law

The Changing Odds Of The Chancery Lottery, Marianna Wonder

Fordham Law Review

Delaware is home to the majority of shareholder class action litigations related to mergers and acquisitions (M&A). These cases usually result in settlements that provide shareholders with only disclosure in exchange for a broad release of future claims, which encompasses unknown and federal security claims. The Delaware Court of Chancery must review and approve these settlements under Delaware Rule 23(e), which has been interpreted as creating a fiduciary duty for the court to protect the interests of absent shareholders. Nevertheless, Delaware has a history of routinely approving disclosure-only settlements with laxity. Recently, members of the court have begun ...


Standing For (And Up To) Separation Of Powers, Kent H. Barnett 2016 University of Georgia School of Law

Standing For (And Up To) Separation Of Powers, Kent H. Barnett

Scholarly Works

The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) safeguards, such as by obtaining valid appointments, exercising certain limited powers, and being sufficiently subject to the President’s control. Who can best protect these safeguards? A growing number of scholars call for allowing only the political branches — Congress and the President — to defend them. These scholars would limit or end judicial review because private judicial challenges are aberrant to justiciability doctrine and lead courts to meddle in minor matters that rarely effect regulatory outcomes.

This Article defends the right of private parties to assert justiciable structural ...


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