The Courts Are All A 'Twitter': The Implications Of Social Media Use In The Courts, 2010 Valparaiso University
The Courts Are All A 'Twitter': The Implications Of Social Media Use In The Courts, Emily Janoski-Haehlen
The European Enforcement Order For Uncontested Claims (Regulation 805/2004): Free Circulation Of Enforceable Titles And Harmonization Of Procedures In The European Judicial Area [In Greek], 2010 University of Cyprus
The European Enforcement Order For Uncontested Claims (Regulation 805/2004): Free Circulation Of Enforceable Titles And Harmonization Of Procedures In The European Judicial Area [In Greek], Nikitas E. Hatzimihail
Nikitas E Hatzimihail
The article is a primer on the EU Regulation 805/2004 establishing a European Enforcement Order for Uncontested Claims. It places the Regulation within the context of EU activity on private international law and procedural matters and describes its basic features
Constrained By Statute: Why We Have Statutes Of Limitations, 2010 Saint Louis University School of Law
Constrained By Statute: Why We Have Statutes Of Limitations, Braden W. Johnson
Braden W Johnson
The recent, high profile cases of sexual abuse in collegiate athletics have uncovered many alleged evildoers. Some of them, like Syracuse University Assistant Coach Bernie Fine, have escaped prosecution based on statutes of limitations. This article explains more about such statutes.
Class Action In Mexico, 2010 Universidad Autonoma de Baja California
Class Action In Mexico, Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
In April 2011 the Mexican Parliament approved a legislative package that regulates class actions. The amended laws are six: (1) Federal Code of Civil Proceedings; (2) Federal Civil Code; (3) Federal Law of Economic Competence; (4) Federal Law of Consumer’s Protection; (4) Organic Law of the Federal Judicial Power; (5) General Law of Ecological Equilibrium and Environmental Protection; and (6) Law of Protection to the User of Financial Services. On August 30th 2011, the Federal Official Gazette published this amendment to the federal law.
Tribes As Essential Partners In Achieving Sustainable Governance, 2010 Selected Works
Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Indigenous peoples have modeled sustainable development around the world. Incentivizing the innovation and instillation of wind, solar, and other renewable energy sources can come in the form of public funding, including renewable portfolio standards, feed in tariffs and green tag programs. This article analyzes ways in which tribal communities are helping to expand cooperative good governance.
Toward A New Paradigm For Multiple-Victim Torts: The Problem Of Victims' Heterogeneity, 2010 Hebrew University of Jerusalem
Toward A New Paradigm For Multiple-Victim Torts: The Problem Of Victims' Heterogeneity, Yoed Halbersberg
Conventional wisdom in tort law holds that an injurer’s negligence, a product design defect, and a victim’s contributory negligence should all be decided by weighing the costs and benefits of the relevant activity. In multiple-victim accidents, the current paradigm maintains that liability should be determined by comparing aggregate costs with aggregate benefits; in most cases, this means weighing the injurer’s overall costs of precautions against the victims’ aggregate costs and aggregate harm. However, this aggregate liability paradigm—supported by courts, scholars and the new Restatement (Third) of Torts—fails to recognize the importance of the natural differences ...
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, 2010 Lead City University, Ibadan
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs
olanike sekinat odewale mrs
Marriage is a universal institution which is recognized and respected all over the world. As a social institution, marriage is founded on and governed by the social and religious norms of the society. Consequently, the sanctity of marriage is a well accepted principle in the world community .
Marriage could either be monogamous or polygamous in nature. A monogamous marriage has bee described as ‘…the voluntary union for life of one man and one woman to the exclusion of all others’ . A polygamous marriage on the other hand can be defined as a voluntary union for life of one man with ...
Grading The Graders And Reforming The Reform: An Analysis Of The State Of Public Education Ten Years After No Child Left Behind, 2010 Southern University Law Center
Grading The Graders And Reforming The Reform: An Analysis Of The State Of Public Education Ten Years After No Child Left Behind, Jonathan C. Augustine, Craig M. Freeman
Jonathan C. Augustine
Congress overwhelmingly passed the No Child Left Behind Act of 2001(“NCLB”), bipartisan legislation intended to bring about substantive reform in public education. The purpose of this article, written ten years after NCLB’s enactment, is to analyze the practical effects of NCLB’s theoretical solutions to public education’s systemic problems. Using Louisiana’s public education system as the real-world model for the law’s application, the authors ultimately recommend specific solutions for the president and Congress to consider as they contemplate changes to NCLB. The authors, like other education advocates referenced in this article, support a triparate partnership ...
Procedimiento De Acciones Colectivas, 2010 Universidad Nacional de Mar del Plata
Procedimiento De Acciones Colectivas, Gabriel Martinez Medrano
Gabriel Martinez Medrano
Aspectos sobre la notificación a los consumidores y la cosa juzgada en el proceso colectivo. Comentario a un fallo
The Official End Of Judicial Accountability Through Federal Rights Litigation: Ashcroft V. Iqbal, 2010 National Judicial Conduct and Disability Law Project, Inc.
The Official End Of Judicial Accountability Through Federal Rights Litigation: Ashcroft V. Iqbal, Zena Denise Crenshaw-Logal
Zena D. Crenshaw-Logal
As gatekeepers, judges ensure that fact-finders are only exposed to sensible matters. However the landmark U.S. Supreme Court case, Ashcroft v. Iqbal, puts federal judges beyond the role of gatekeepers. Now federal cases may survive based on that which presiding judges find sensible or plausible as opposed to the sensibilities of a broader community of stakeholders. Nothing could be more precarious in such an environment than venturing to prove judicial misconduct through Title 42 U.S.C. section 1983 and / or Bivens litigation. Whether or not it reflects “institutional bias”, the “tendency” of judges to discredit allegations impugning one ...
The Fox News Effect: Does Polarized News-Media Fill Traditional News Roles?, 2010 Saint Louis University School of Law
The Fox News Effect: Does Polarized News-Media Fill Traditional News Roles?, Braden W. Johnson, Professor Richard Davis
Braden W Johnson
In this study, I use qualitative and quantitative methods to gauge the effect that consumption of highly polarized news-media (i.e. Glen Beck, Chris Matthews, etc.) has on its consumers. Using PEW survey data, I compare those who frequently consume such media against those who do not, and I find that consumers of polarized media are more likely to score highly on a current events test, and are more likely to be registered to vote, with 95% confidence.
From Coase To Collaborative Property Decision-Making: Green Economy Innovation, 2010 Selected Works
From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This Article considers the advantages and disadvantages of market-based program design, natural gas regulation, and enhanced international understanding. Transitioning to a green economy involves dedicating efforts towards environmentally sound energy innovation. RGGI, natural gas, and climate change represent sustainability challenges. Optimizing cooperative transboundary green innovation can facilitate inclusive decision-making just as public participation by civil society can help economies transition to environmentally sound energy use. Building upon progress made in the human rights and environment fields can advance both and enhance resilience.
From Wards Cove To Ricci: Struggling Against The “Built In Headwinds” Of A Skeptical Court, 2010 University of Colorado at Boulder
From Wards Cove To Ricci: Struggling Against The “Built In Headwinds” Of A Skeptical Court, Melissa R. Hart
Melissa R Hart
No abstract provided.
The State-Created Danger Doctrine In Domestic Violence Cases: Do We Have A Solution In Okin V. Village Of Cornwall-On-Hudson Police Department?, Atinuke O. Awoyomi
Atinuke O Adediran
Violence perpetrated against women by intimate partners is a major societal problem and the dangers associated with domestic violence are well documented in the literature. This article discusses the availability of redress under the state-created danger doctrine for women who have suffered domestic violence in the hands of intimate partners. The United States Supreme Court in Deshaney v. Winnebago County Department of Social Services held that a state has no duty to protect its citizens from violence perpetrated by third parties. The state-created danger doctrine, which is an exception to the Deshaney rule, allows women who have suffered domestic violence ...
Investors And Employees As Relief Defendants In Investment Fraud Receiverships: Promoting Efficiency By Following The Plain Meaning Of “Legitimate Claim Or Ownership Interest, 2010 College of William and Mary
Investors And Employees As Relief Defendants In Investment Fraud Receiverships: Promoting Efficiency By Following The Plain Meaning Of “Legitimate Claim Or Ownership Interest, Jared A. Wilkerson
Jared A. Wilkerson
Relief defendants are nominal, innocent parties who hold funds traceable to the receivership but have no legitimate claim or ownership interest in them. These nominal parties, as opposed to full or primary defendants, have no cause of action asserted against them, and if they show no legitimate claim to the funds traced to the receivership, the funds are disgorged — generally at summary judgment. This seemingly simple relief defendant tool is used by receivers and regulatory agencies to quickly recover receivership funds for ultimate distribution to creditors. Recently, however, conflict has arisen in federal courts concerning the meaning of “legitimate claim ...
Statistics In Law: Bad Inferences & Uncommon Sense, 2010 California Superior Court (San Francisco)
Statistics In Law: Bad Inferences & Uncommon Sense, Curtis E.A. Karnow
Curtis E.A. Karnow
A review of classic fallacies in statistics and probability in the courts. The article briefly, and in plain English, provides an introduction to probability theory, and randomness.
Climate Justice, 2010 Selected Works
Climate Justice, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Achieving climate justice and the Millennium Development Goals (MDGs) are mutually- reinforcing challenges. The achievement of both is well within the capacity of the international community. Indeed, reaching carbon neutrality in an affordable, environmentally sound way requires integrating the strategies of mitigation, adaptation, sustainable development, and disaster risk management.
Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, 2010 University of Akron Schhol of Law
Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker
Robert L Tucker
Trafficking in stolen art and looted antiquities is a multi-billion dollar enterprise. Stolen art and looted antiquities are ultimately sold to museums or private collectors. Sometimes the purchasers acquire them in good faith. But other times, the purchasers know, suspect, or willfully blind themselves to the possibility that the piece was stolen or illegally excavated and exported up the chain of title.
This problem is compounded by customs and course of dealing in the art and antiquities trade. Dealers generally decline to provide meaningful information to prospective purchasers about the provenance of a piece, and sophisticated purchasers customarily acquiesce in ...
Cancun Climate Negotiations, 2010 Selected Works
Cancun Climate Negotiations, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.
While Effusive, "Conclusory" Is Still Quite Elusive: The Story Of A Word, Iqbal, And A Perplexing Lexical Inquiry Of Supreme Importance, 2010 Chapman University School of Law
While Effusive, "Conclusory" Is Still Quite Elusive: The Story Of A Word, Iqbal, And A Perplexing Lexical Inquiry Of Supreme Importance, Donald J. Kochan
Donald J. Kochan
The meaning of the word “conclusory” seems really, quite elusory. Conclusory is a widespread, common, and effusive word in the modern legal lexicon. Yet you would not necessarily know that by looking through many dictionaries. “Conclusory” has been a late comer to the pages of most dictionaries. Even today, not all dictionaries include the word “conclusory”, those that do have only recently adopted it, and the small number of available dictionary definitions seem to struggle to capture the word’s usage in the legal world. Yet the word “conclusory” has taken center stage in the procedural plays of civil litigation ...