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Like Moths To A Flame - International Securities Litigation After Morrison: Correcting The Supreme Court's Transactional Test, Marco Ventoruzzo 2016 Penn State Law

Like Moths To A Flame - International Securities Litigation After Morrison: Correcting The Supreme Court's Transactional Test, Marco Ventoruzzo

Marco Ventoruzzo

Because of the broad jurisdiction American courts have asserted in cases arising under the Securities Exchange Act of 1934, they have been called a Shangri-la for “foreign-cubed” class actions with little connection to the United States. Over the past forty years, the standards used by American courts to determine their jurisdiction in international securities disputes have evolved, culminating in the U.S. Supreme Court’s Morrison decision of 2010. The new transactional test promulgated in Morrison replaced all of its predecessor tests, from a test measuring whether the conduct in question took place in the United States to a test ...


What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin 2016 National University

What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin

D'Andre D. Lampkin

The purpose of this research project is to discuss the challenges law enforcement face when attempting to address quality of life issues for residents residing in and around Section 8 federal housing. The paper introduces readers to the purpose of Section 8 housing, the process in which residents choose subsidized housing, and the legal challenges presented when law enforcement agencies are assisting city government to address quality of life issues.
 
For purposes of this research project, studies were sampled to illustrate where law enforcement participation worked and where law enforcement participation leads to unintended legal ramifications.


Trending @ Rwu Law: Dean Yelnosky's Post: United States Court Of Appeals For Veterans Claims Visits Rwu Law: 03-03-2016, Michael Yelnosky 2016 Roger Williams University School of Law

Trending @ Rwu Law: Dean Yelnosky's Post: United States Court Of Appeals For Veterans Claims Visits Rwu Law: 03-03-2016, Michael Yelnosky

Law School Blogs

No abstract provided.


A Potential Liability Scenario For "Non-Gmo" Labeling, David Wallace 2016 Herbert Smith Freehills New York LLP

A Potential Liability Scenario For "Non-Gmo" Labeling, David Wallace

David L Wallace

In this legal briefing, disputes partner David Wallace discusses a liability scenario that voluntary "non-GMO" labeling claims have the potential to spawn in the United States, which does not (yet) have a mandatory labeling regime, and best practices for mitigating that risk.


Nebraska Court Opinions Move Online Only, Marcia L. Dority Baker, Richard Leiter 2016 University of Nebraska-Lincoln

Nebraska Court Opinions Move Online Only, Marcia L. Dority Baker, Richard Leiter

The Marvin and Virginia Schmid Law Library

Change has come to the state of Nebraska in a digital way. Beginning January 1, 2016, the official opinions of the Nebraska Supreme Court and the Nebraska Court of Appeals are available online only, a change which improves users’ ability to search these opinions. Now users can search all Nebraska Supreme Court opinions from 1871 through the present day and all Nebraska Court of Appeals opinions since its creation in 1992. Prior to this change, opinions were made available in print and the current opinions were available on the Court’s website. Both the public and legal community can access ...


Redundant Public-Private Enforcement, Zachary D. Clopton 2016 Cornell Law School

Redundant Public-Private Enforcement, Zachary D. Clopton

Cornell Law Faculty Publications

Redundancy is a four-letter word. According to courts and scholars, redundant litigation is costly, unfair, and confounding. Modern civil procedure has a (nearly) maximalist preference for centralization, and various rules seek to limit duplicative suits within and across court systems. This seemingly dominant view stands in marked contrast to the reality of the modern regulatory state. Redundant public-private enforcement, in which public and private actors have overlapping authority to enforce the law, is ubiquitous. Redundant enforcement also is noticeably underrepresented in the substantial literature on private and public enforcement, which typically treats government agencies and private attorneys general as substitutes ...


Trending @ Rwu Law: Professor David Coombs's Post: Veterans Court's Decision Will Affect Rwu Law's Veterans Disability Field Clinic: 02-24-2016, David Coombs 2016 Roger Williams University School of Law

Trending @ Rwu Law: Professor David Coombs's Post: Veterans Court's Decision Will Affect Rwu Law's Veterans Disability Field Clinic: 02-24-2016, David Coombs

Law School Blogs

No abstract provided.


In-House Counsel Beware!, Katrice Bridges Copeland 2016 Pennsylvania State University Dickinson School of Law

In-House Counsel Beware!, Katrice Bridges Copeland

Fordham Urban Law Journal

No abstract provided.


Rebutting The Fraud On The Market Presumption In Securities Fraud Class Actions: Halliburton Ii Opens The Door, Victor E. Schwartz, Christopher E. Appel 2016 Shook, Hardy & Bacon, L.L.P.

Rebutting The Fraud On The Market Presumption In Securities Fraud Class Actions: Halliburton Ii Opens The Door, Victor E. Schwartz, Christopher E. Appel

Michigan Business & Entrepreneurial Law Review

In Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II), the United States Supreme Court reaffirmed the validity of the “fraud on the market” presumption underlying securities fraud class action litigation. This presumption is vital to bringing suits as class actions because it excuses plaintiffs from proving individual reliance on an alleged corporate misstatement on the theory that any public statements made by the company are incorporated into its stock price and consequently relied upon by all investors. Thus, the Court’s decision to uphold the validity of the presumption has been hailed as a significant victory for those ...


Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip Stinson, Steven Brewer, Theresa Lanese, Mallorie Wilson 2016 Bowling Green State University - Main Campus

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip Stinson, Steven Brewer, Theresa Lanese, Mallorie Wilson

Philip M Stinson

Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing ...


Litigating In The 21st Century: Amending Challenges For Cause In Light Of Big Data, Andrew Kasabian 2016 Pepperdine University

Litigating In The 21st Century: Amending Challenges For Cause In Light Of Big Data, Andrew Kasabian

Pepperdine Law Review

The amount of data generated daily is growing exponentially. The majority of this data is unstructured data. Big Data analytics provides the capability to analyze sets of unrelated data to find hidden and meaningful correlations and predict an individual’s future actions. Therefore, Big Data can alter trial preparation by opening up new sets of information for lawyers to analyze in the jury selection process. Privacy concerns may follow Big Data’s incorporation because Big Data aggregates an individual’s information and predicts future actions. This Comment details how Big Data will provide a net benefit to trial preparation. In ...


Rejecting Sovereign Immunity In Public Law Litigation, Howard Wasserman 2016 FIU College of Law

Rejecting Sovereign Immunity In Public Law Litigation, Howard Wasserman

Howard M Wasserman

No abstract provided.


The Process Of Marriage Equality, Josh Blackman, Howard Wasserman 2016 South Texas College of Law

The Process Of Marriage Equality, Josh Blackman, Howard Wasserman

Howard M Wasserman

No abstract provided.


The Mass Tort Bankruptcy: A Pre-History, Troy A. McKenzie 2016 NYU School of Law

The Mass Tort Bankruptcy: A Pre-History, Troy A. Mckenzie

New York University Public Law and Legal Theory Working Papers

The history of insolvency schemes as mass tort resolution devices is generally said to begin with the asbestos bankruptcies of the 1980s. This Article brings to light a much earlier example of the resolution of mass tort claims through another insolvency scheme—the equity receivership—that was a precursor to Chapter 11 of the Bankruptcy Code. The Article recounts the creation of a receivership after a fire at the Ringling Brothers circus killed and injured hundreds of spectators. It also describes the maneuvers of the key actors in the case and the legal landscape that explained their resort to a ...


“Spooky Action At A Distance”: Intangible Injury In Fact In The Information Age, Seth F. Kreimer 2016 University of Pennsylvania Law School

“Spooky Action At A Distance”: Intangible Injury In Fact In The Information Age, Seth F. Kreimer

Faculty Scholarship

Two decades after Justice Douglas coined “injury in fact” as the token of admission to federal court under Article III, Justice Scalia sealed it into the constitutional canon in Lujan v. Defenders of Wildlife. In the two decades since Lujan, Justice Scalia has thrown increasingly pointed barbs at the permissive standing doctrine of the Warren Court, maintaining it is founded on impermissible recognition of “Psychic Injury.” Justice Scalia and his acolytes take the position that Article III requires a tough minded, common sense and practical approach. Injuries in fact must be "tangible" "direct" "concrete" "de facto" realities in time and ...


Class Action Myopia, Maureen Carroll 2016 University of Michigan Law School

Class Action Myopia, Maureen Carroll

Articles

Over the past two decades, courts and commentators have often treated the class action as though it were a monolith, limiting their analysis to the particular class form that joins together a large number of claims for monetary relief This Article argues that the myopic focus on the aggregated-damages class action has led to undertheorization of the other class-action subtypes, which serve far different purposes and have far different effects, and has allowed the ongoing backlash against the aggregated-damages class action to affect the other subtypes in an undifferentiated manner. The failure to confine this backlash to its intended target ...


The First Patent Litigation Explosion, Christopher Beauchamp 2016 Brooklyn Law School

The First Patent Litigation Explosion, Christopher Beauchamp

Faculty Scholarship

No abstract provided.


Seller Beware: A Look At Liability Risk For The Business Practices Of Partners In The Global Supply Chain, David Wallace 2016 Selected Works

Seller Beware: A Look At Liability Risk For The Business Practices Of Partners In The Global Supply Chain, David Wallace

David L Wallace

A brief survey of efforts by the US plaintiffs' class action bar to use supply-chain disclosure statutes like California's Transparency in Supply Chains Act of 2010 and the UK Modern Slavery Act to hold companies liable for working conditions in their supply chains.


Lessons From History: The Recent Applicability Of Matrimonial Property And Human Rights Legislation On Reserve Lands In Canada, Stacey L. MacTaggart 2016 University of Western Ontario

Lessons From History: The Recent Applicability Of Matrimonial Property And Human Rights Legislation On Reserve Lands In Canada, Stacey L. Mactaggart

Western Journal of Legal Studies

The 1986 decisions of Derrickson v Derrickson and Paul v Paul highlighted the legislative gaps in the Indian Act with respect to the division of on-reserve matrimonial property. Provincial family property legislation could not apply to account for the absence of matrimonial land rights provisions in the federal Indian Act. This is because the Supreme Court of Canada rigidly applied the doctrine of interjurisdictional immunity. Indigenous women have been disproportionately affected by the lack of on-reserve matrimonial real property provisions. The recent enactment of the Family Homes on Reserves and Matrimonial Interests or Rights Act (MIRA) is meant to finally ...


Reconsidering The Constitutionality Of Mandatory Minimum Sentences Under Section 231(5)(E) Post-Luxton, Laura Metcalfe 2016 University of Ottawa Faculty of Law

Reconsidering The Constitutionality Of Mandatory Minimum Sentences Under Section 231(5)(E) Post-Luxton, Laura Metcalfe

Western Journal of Legal Studies

Section 231(5)(e) of the Criminal Code elevates murder to first-degree murder when a death is caused while committing unlawful confinement per s. 279 of the Criminal Code. The corresponding mandatory sentence is life imprisonment with no eligibility for parole until 25 years have been served. The Supreme Court of Canada held that this provision was constitutional in R v Luxton, since it did not violate the principles of fundamental justice and was not considered cruel and unusual punishment, contrary to s. 7 and 12 of the Canadian Charter of Rights and Freedoms, respectively.

However, lower courts ought to ...


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