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4282 full-text articles. Page 91 of 91.

Cali Ethics For Clinics Tutorials, Alexis Anderson 2009 Boston College Law School

Cali Ethics For Clinics Tutorials, Alexis Anderson

Alexis Anderson

Web-based tutorials on confidentiality, conflicts and candor (Center for Applied Instruction)


Unfair Competition And Uncommon Sense, Rebecca Tushnet 2009 Georgetown University

Unfair Competition And Uncommon Sense, Rebecca Tushnet

Rebecca Tushnet

This article discusses Mark McKenna’s Testing Modern Trademark Law’s Theory of Harm as an important step forward in challenging trademark expansionism, going back to basics and asking us to assess for truth value several propositions that now seem so self-evident to lawyers and judges as to not require any empirical support at all. Like McKenna, the author believes that if the law looked for the evidence behind present axioms of harm, it would not find much there. McKenna and the author share an interest in empirical evidence on marketing and a desire to bring its insights to trademark ...


Exhaustion Of Administrative Remedies In Immigration Cases: Finding Jurisdiction To Review Unexhausted Claims The Board Of Immigration Appeals Considers Sua Sponte On The Merits, Larry Fleurantin 2009 Larry R. Fleurantin & Associates, P.A.

Exhaustion Of Administrative Remedies In Immigration Cases: Finding Jurisdiction To Review Unexhausted Claims The Board Of Immigration Appeals Considers Sua Sponte On The Merits, Larry Fleurantin

Larry R. Fleurantin

In order for an appellate court to review an agency action, the action must be final and all administrative remedies must be exhausted. With regard to the exhaustion requirement, the author examines how the majority of circuits have held that federal circuit courts have jurisdiction to review immigration claims considered sua sponte by the Board of Immigration Appeals. However, the Eleventh Circuit seems to be the one outlier finding no jurisdiction, and the author believes the holding in Amaya-Artunduaga v. United States Attorney General to be incorrect and recommends it be overruled


Islamic Financial System Rescue To The Global Financial Crisis A Study On The Origin Of Subprime Mortgage Crisis And Rescue Offered By Islamic Financial System, Shafaq Khan 2009 ILAF

Islamic Financial System Rescue To The Global Financial Crisis A Study On The Origin Of Subprime Mortgage Crisis And Rescue Offered By Islamic Financial System, Shafaq Khan

Shafaq Khan

The severity of the Subprime mortgage crisis has traumatised the foundations of the conventional financial system and has led to the search for cure of losses suffered and reforms against such crisis in future. During this crisis we have witnessed the impacts of irregularities done and insufficient monitoring of the complex financial products in the financial market. Standard regulations in the loan industry under conventional financial system proved to be insufficient to tackle the crisis. During the Subprime mortgage crisis, when the hot real estate markets were converting into foreclosure capitals, Islamic financial market was impervious from its impacts. This ...


Compilador. “Debate Interamericano", Alvaro Amaya-Villarreal 2009 Pontificia Universidad Javeriana

Compilador. “Debate Interamericano", Alvaro Amaya-Villarreal

Alvaro Francisco Amaya-Villarreal

No abstract provided.


Back To The Future: Discovery Cost Allocation And Modern Procedural Theory, Martin Redish, Colleen McNamara 2009 Northwestern University School of Law

Back To The Future: Discovery Cost Allocation And Modern Procedural Theory, Martin Redish, Colleen Mcnamara

Martin H Redish

It has long been established that as a general rule, discovery costs are to remain with the party from whom discovery has been sought. While courts have authority to "shift" costs in an individual instance, the presumption against such an alteration in traditional practice is quite strong. Yet at no point did the drafters of the original Federal Rules of Civil Procedure ever make an explicit decision to allocate discovery costs in this manner. Nor, apparently, did they (or anyone since) ever explain why such an allocation choice is to be made in the first place. As a result, our ...


Reaching Settlement, Pamela Gershuny 2009 Southeast Missouri State University

Reaching Settlement, Pamela Gershuny

Pamela Gershuny

Disputes arise in business. Approximately 65,000 businesses, including 35-53% of small businesses managers, are involved in a lawsuit in federal court each year. Even when business managers are represented by experienced attorneys, successful managers cannot and should not entirely delegate the final decision to resolve a dispute through trial or through settlement to their attorneys. It is a managerial responsibility to communicate effectively with attorneys to settle disputes quickly and cheaply. Being prepared to settle early can avert a more expensive settlement later and/or a significant and costly loss at trial. As one executive said after a $7 ...


The Anglo-American Perspective On Freezing Injunctions, masayuki tamaruya 2009 Rikkyo University

The Anglo-American Perspective On Freezing Injunctions, Masayuki Tamaruya

Masayuki Tamaruya

Freezing injunctions are pre-trial orders to restrain a defendant from dealing with his assets so as to forestall his attempt to frustrate the potential money judgment against him. Freezing injunctions have been adopted in most common law jurisdictions as an effective civil remedy to combat attempts by recalcitrant debtors or fraudsters to frustrate potential money judgments by use of ever faster methods of fund transfer. However, in Grupo Mexicano de Desarrollo SA v Alliance Bond Fund Inc, the US Supreme Court by a 5:4 judgment declared that the US District Court does not have the equitable jurisdiction to grant ...


Complex Litigation: Injunctions, Structural Remedies And Contempt, Doug Rendleman 2009 Washington and Lee University School of Law

Complex Litigation: Injunctions, Structural Remedies And Contempt, Doug Rendleman

Doug Rendleman

No abstract provided.


Civil Procedure For All States: A Context And Practice Casebook, Benjamin Madison, III 2009 Regent University School of Law

Civil Procedure For All States: A Context And Practice Casebook, Benjamin Madison, Iii

Benjamin V Madison, III

The casebook forms part of the "Context and Practice" casebook series, edited by Michael Hunter Schwartz and Gerald Hess. The casebooks integrate the method of teachin advocated by the Carnegie Insitute's EDUCATING LAWYERS (2007) and the Clinical Legal Education Association's BEST PRACTICES FOR LEGAL EDUCATION (2007). Thus, the casebooks include not only traditional case material in which students learn legal doctrine (in this case, federal and state pretrial practice and procedure), but also exercise in each chapter for the professor to employ experiential and skills learning, and exercises in each chapter in which students engage in questions of ...


People’S Jury System(人民陪审员制度), Henry Hu 2009 Selected Works

People’S Jury System(人民陪审员制度), Henry Hu

Henry L Hu

No abstract provided.


Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, Melissa Hart 2009 University of Colorado at Boulder

Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, Melissa Hart

Melissa R Hart

No abstract provided.


Must, Should, Shall, Steven Gensler 2009 University of Oklahoma Norman Campus

Must, Should, Shall, Steven Gensler

Steven S. Gensler

No abstract provided.


Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don Berthiaume 2009 Columbia Law School at Catholic University

Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don Berthiaume

Don R Berthiaume

How can corporations provide “just the facts” — which are, in fact, not privileged — without waiving the attorney client privilege and work product protection? This article argues for an addition to the Federal Rules of Criminal Procedure based upon Rule 30(b)(6) of the Federal Rules of Civil Procedure, which allows civil litigants to issue a subpoena to an organization and cause them to “designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf … about information known or reasonably available to the organization.”[6] Why should we look to Fed ...


Pearson, Iqbal, And Procedural Judicial Activism, Goutam Jois 2009 New York, NY

Pearson, Iqbal, And Procedural Judicial Activism, Goutam Jois

Goutam U Jois

In its most recent term, the Supreme Court decided Pearson v. Callahan and Ashcroft v. Iqbal, two cases that, even at this early date, can safely be called “game-changers.” What is fairly well known is that Iqbal and Pearson, on their own terms, will hurt civil rights plaintiffs. A point that has not been explored is how the interaction between Iqbal and Pearson will also hurt civil rights plaintiffs. First, the cases threaten to catch plaintiffs on the horns of a dilemma: Iqbal says, in effect, that greater detail is required to get allegations past the motion to dismiss stage ...


Limits Of Consent - Arbitration Without Privity And Beyond, Frederic Sourgens, Michael Nolan 2009 Washburn University School of Law

Limits Of Consent - Arbitration Without Privity And Beyond, Frederic Sourgens, Michael Nolan

Frederic G Sourgens

No abstract provided.


Rough Justice, Alexandra Lahav 2009 Fordham Law School

Rough Justice, Alexandra Lahav

Alexandra D. Lahav

This Essay offers a new justification for rough justice. Rough justice, as I use the term here, is the attempt to resolve large numbers of cases by using statistical methods to give plaintiffs a justifiable amount of recovery. It replaces the trial, which most consider the ideal process for assigning value to cases. Ordinarily rough justice is justified on utilitarian grounds. But rough justice is not only efficient, it is also fair. In fact, even though individual litigation is often held out as the sine qua non of process, rough justice does a better job at obtaining fair results for ...


Conserving The Canvas: Reducing The Environmental Footprint Of Legal Briefs By Re-Imagining Court Rules And Document Design Strategies, Ruth Anne Robbins 2009 Rutgers School of Law, Camden

Conserving The Canvas: Reducing The Environmental Footprint Of Legal Briefs By Re-Imagining Court Rules And Document Design Strategies, Ruth Anne Robbins

Ruth Anne Robbins

This article argues that the current system of court rules needlessly wastes natural resources because the required document design requires more paper usage than is needed or that is even optimal for reading rates. The article assumes that, even with electronic filing, most legal documents are still read in print form. It includes discussion and calculations about how a change in court rules and attorney practices could help reduce the environmental impact of briefs submitted in appellate courts. This article follows up a previous article, Painting With Print: Incorporating Concepts of Typographic and Layout Design into the Text of Legal ...


To Proceed With Caution? Aiding And Abetting Liability Under The Alien Tort Statute, Ryan Lincoln 2009 University of California, Berkeley

To Proceed With Caution? Aiding And Abetting Liability Under The Alien Tort Statute, Ryan Lincoln

Ryan S. Lincoln

No abstract provided.


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