Australian Centre for Justice Innovation
Kilpatrick Stockton LLP
College of William & Mary Law School
Georgetown University Law Center
Pepperdine University
University of Toronto
Michigan State University College of Law
Seeking Common Sense For The Common Law Of Common Interest In The D.C. Circuit,
2016
The Catholic University of America, Columbus School of Law
Seeking Common Sense For The Common Law Of Common Interest In The D.C. Circuit, Jared S. Sunshine
Catholic University Law Review
Privilege law can be frustrated by the complexity of modern legal actions involving ramified enterprises engaging with their peers. To protect such allied parties cooperating in litigation or other legal matters, courts have innovated doctrines extending discovery protections to such postures under the names of co-client, joint defense, and common interest privilege. The niceties of these doctrines have proven unclear, however, particularly in the challenging situation of competing companies whose collusion or combinations must be monitored for antitrust concerns. Following a thorough overview of each doctrine and identifying how they overlap and differ, a focused examination of multi-party privilege law ...
Risk Regulation At The Federal Level: Administrative Procedure Constraints And Opportunities,
2016
University of New Hampshire
Risk Regulation At The Federal Level: Administrative Procedure Constraints And Opportunities, Jeffrey S. Lubbers
RISK: Health, Safety & Environment
An introduction to the legal framework within which employees of the "twigs" on our fourth branch of government must operate. Particular attention is given to research sponsored by the Administrative Conference of the United States which has dealt with, for example, process problems in resolving specific issues and in building consensus on broad policy matters. [Excerpt] “Administrative agencies - the "twigs" on our fourth branch of government - are established to handle the details of administration deemed too painstaking, technically complex or even controversial for direct Congressional or Presidential involvement. In the current government structure, sometimes called the "modem administrative state," these ...
Ruling The Skies Or Drowning In Rules? A Look At The Faa’S Sluggish Progress In Developing Rules And Forces That Might Be Shaping The Future Of Drone Use In The United States,
2016
Barry University School of Law
Ruling The Skies Or Drowning In Rules? A Look At The Faa’S Sluggish Progress In Developing Rules And Forces That Might Be Shaping The Future Of Drone Use In The United States, Thomas D. Lovett
Barry Law Review
No abstract provided.
The Right To Refuse: The Legal Counterbalance For Religious Businesses And Same-Sex Marriage Promotion To Curtail The Rippling Wave Of Tension Eruption Across The Nation And Florida,
2016
Barry University School of Law
The Right To Refuse: The Legal Counterbalance For Religious Businesses And Same-Sex Marriage Promotion To Curtail The Rippling Wave Of Tension Eruption Across The Nation And Florida, Ta’Lor Mcfarland
Barry Law Review
No abstract provided.
Social Media Video Contest Rules,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Social Media Video Contest Rules, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Social Media Video Contest
No abstract provided.
From Dust We Are And To Dust We Will Return: Eu's Utopia, Greece's Bankruptcy,
2016
Barry University School of Law
From Dust We Are And To Dust We Will Return: Eu's Utopia, Greece's Bankruptcy, Carolina Kripinski
Barry Law Review
No abstract provided.
Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues,
2016
Barry University School of Law
Foreign Judgments In Florida Bankruptcy Courts: Choice Of Law, Statutes Of Limitations, And Other Unresolved Issues, Michael Raudebaugh
Barry Law Review
No abstract provided.
The Truth (Of The Matter Asserted) Is Out There: Law And The Paranormal Outside The First Amendment,
2016
Barry University School of Law
The Truth (Of The Matter Asserted) Is Out There: Law And The Paranormal Outside The First Amendment, Christopher L. Henry
Barry Law Review
No abstract provided.
Modern Debtors' Prison In The State Of Florida: How The State's Brand Of Cash Register Justice Leads To Imprisonment For Debt,
2016
Barry University School of Law
Modern Debtors' Prison In The State Of Florida: How The State's Brand Of Cash Register Justice Leads To Imprisonment For Debt, David Angley
Barry Law Review
No abstract provided.
Workers' Compensation Law & The Remedial Waiver,
2016
Barry University School of Law
Workers' Compensation Law & The Remedial Waiver, Mary Kati Haupt
Barry Law Review
No abstract provided.
Suspension And Delegation,
2016
Notre Dame Law School
Suspension And Delegation, Amy Coney Barrett
Amy Coney Barrett
A suspension of the writ of habeas corpus empowers the President to indefinitely detain those suspected of endangering the public safety. In other words, it works a temporary suspension of civil liberties. Given the gravity of this power, the Suspension Clause narrowly limits the circumstances in which it may be exercised: the writ may be suspended only in cases of "rebellion or invasion" and when "the public Safety may require it. " Congress alone can suspend the writ; the Executive cannot declare himself authorized to detain in violation of civil rights. Despite the traditional emphasis on the importance of exclusive legislative ...
Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance,
2016
FIU College of Law
Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo
José Gabilondo
Borrowing from postmodernity, new Right intellectuals have become adept at plucking core terms from the liberal register, stripping away their history and social context, and making them do the conceptual work of backlash. A recent example is the theme of the 2009 annual meeting of the AALS: institutional pluralism. The phrase has a surface resemblance to traditional liberal values but, in truth, acts as a Trojan horse for discrimination projects that many may find troubling. By putting the phrase in its social context, this essay reveals the ideological interests at work in the idea.
The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law,
2016
University of Kansas Law School
The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski
Lumen N. Mulligan
In this Article, we argue that the U.S. Supreme Court should route most Federal Rules of Civil Procedure issues through the notice-and-comment rulemaking process of the Civil Rules Advisory Committee instead of issuing judgments in adjudications, unless the Court can resolve the case solely through the deployment of traditional tools of statutory interpretation. While we are not the first to express a preference for rulemaking on civil procedure issues, we advance the position in four significant ways. First, we argue that the Supreme Court in the civil procedure arena is vested with powers analogous to most administrative agencies. Second ...
Institutional Competence And Civil Rules Interpretation,
2016
University of Kansas Law School
Institutional Competence And Civil Rules Interpretation, Lumen N. Mulligan, Glen Staszewski
Lumen N. Mulligan
This essay responds to Pragmatism Rules by Professor Elizabeth Porter, which argues that the Supreme Court is justified in eschewing, at least at times, traditional tools of statutory construction when it interprets the Federal Rules of Civil Procedure. Porter devotes substantial attention in her piece to our prior work on the Supreme Court’s methods for implementing the Federal Rules. This response essay highlights some of the strengths of Porter’s article and identifies substantial areas of agreement. It also parts company with her analysis insofar as she contends that the Supreme Court is justified in supplanting the Rules drafters ...
Alternative Forum: A Colorado Farmer And The Itc’S Excellent Adventure,
2016
The Catholic University of America, Columbus School of Law
Alternative Forum: A Colorado Farmer And The Itc’S Excellent Adventure, Brady P. Gleason
Catholic University Law Review
As marijuana regulation at the local level becomes at odds with federal policy, an interesting question arises regarding the drug’s potential classification as an article of commerce. Resulting of this potential shift is the existence of an unexpected legal question as to whether the U.S. International Trade Commission, via the agency’s section 337 investigatory and remedial authorities, may regulate marijuana that has been illegally imported into the United States. While avoiding any stance on the contentious issue of marijuana legalization, this essay explores this legal ramification by surmising a fictional narrative of two Colorado marijuana farmers, and ...
The Judge As Umpire: Ten Principles,
2016
The Catholic University of America, Columbus School of Law
The Judge As Umpire: Ten Principles, Brett M. Kavanaugh
Catholic University Law Review
In his speech, Judge Kavanaugh discusses the notion of Judges as umpires and sets forth ten principles that are vital for an impartial judiciary dedicated to the rule of law in our separation of powers system. According to Judge Kavanaugh, Judges cannot act as partisans, must follow establish rules and principles, and must strive for consistency, not only in terms of respecting precedent, but from day to day, in how they decide cases, confront issues, interpret statutes and interpret the Constitution.
Judges must also understand that their role is to apply the rules rather than remake the rules according to ...
Litigating Medical Device Premarket Classification Decisions For Small Businesses: Have The Courts Given The Fda Too Much Deference? The Case For Taking The Focus Off Of Efficacy,
2016
The Catholic University of America, Columbus School of Law
Litigating Medical Device Premarket Classification Decisions For Small Businesses: Have The Courts Given The Fda Too Much Deference? The Case For Taking The Focus Off Of Efficacy, Stephanie P. Fekete
Catholic University Law Review
The manufacturing of innovative medical devices is important for the continued success and growth of the U.S. health care system and economy. The medical device industry is almost exclusively comprised of small businesses. The U.S. Food and Drug Administration (FDA) regulates the medical device industry and employs a rigorous approval process to determine when products may enter the market. While the FDA’s goal is to authorize the sale of innovative devices that are safe for patient use, device manufacturers argue that the process to obtain FDA approval is unnecessarily expensive, burdensome, and has systemic problems. As a ...
Do Community Benefits Agreements Benefit Communities?,
2016
Brooklyn Law School
Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri
Faculty Scholarship
No abstract provided.
Local Control Funding Formula: A Continuum Of Discrimination Against Minority Youth In Education,
2016
Golden Gate University School of Law
Local Control Funding Formula: A Continuum Of Discrimination Against Minority Youth In Education, Alafia Delahaye
Poverty Law Conference
The issue of public school education funding is at the core of the inequalities between schools located in wealthy school districts and those in low-income school districts. Every state struggles to remedy inequitable funding, partly due to long histories of segregation and racism. Nevertheless, many states continue to believe that allowing localities to manage school funding will remedy the problems, but many localities fail to effectively and fairly manage funds.
Part I discusses the background and legal history of public school education funding in California. Part II describes the recent law passed in California, the Local Control Funding Formula (LCFF ...
The Limits Of Liberty: The Crime Of Male Same-Sex Conduct And The Rights To Life And Personal Liberty In Singapore: Lim Meng Suang V Attorney-General [2015] 1 Slr 26,
2016
Singapore Management University
