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Our Equity: Federalism And Chancery, Jeffrey Steven Gordon 2017 University of Miami Law School

Our Equity: Federalism And Chancery, Jeffrey Steven Gordon

University of Miami Law Review

Federal courts sitting in diversity cannot agree on whether state or federal law governs the award of a preliminary injunction. The conditions for the exercise of a federal diversity court’s extraordinary remedial power are anybody’s guess. The immediate cause of the confusion is Justice Frankfurter’s cryptic opinion in Guaranty Trust Co. v. York, which aggressively enforced Erie and, at the same time, preserved the so-called “equitable remedial rights” doctrine. There are, however, much broader and deeper causes that explain why the equitable remedial rights doctrine is almost incomprehensible today.

This Article argues that the early history of ...


Eat Your Vitamins And Say Your Prayers: Bollea V. Gawker, Revenge Litigation Funding, And The Fate Of The Fourth Estate, Nicole K. Chipi 2017 University of Miami Law School

Eat Your Vitamins And Say Your Prayers: Bollea V. Gawker, Revenge Litigation Funding, And The Fate Of The Fourth Estate, Nicole K. Chipi

University of Miami Law Review

In August 2016, Gawker.com shut down after 14 years of—more often than not—controversial online publishing. The website was one of several Gawker Media properties crushed under the weight of a $140 million jury verdict awarded to Terry Bollea (better known as former professional wrestler Hulk Hogan), in a lawsuit financed by eccentric Silicon Valley billionaire Peter Thiel. Thiel’s clandestine legal campaign was part of a vendetta against Gawker Media, a venture he confirms was singularly focused on bankrupting the company through litigation. His success sent shudders through the media world, demonstrating that determined actors with deep ...


The Personal And The Professional: Assessing The Ambivalent Commitment To Racial Justice In The United States, Malcolm Feeley 2017 Berkeley Law

The Personal And The Professional: Assessing The Ambivalent Commitment To Racial Justice In The United States, Malcolm Feeley

Malcolm Feeley

No abstract provided.


Court Review: Volume 41, Issue 3-4 - Friends Of The Court? The Bar, The Media, And The Public, Steve Leben, John Russonello, Malcom Feeley 2017 Johnson County, Texas

Court Review: Volume 41, Issue 3-4 - Friends Of The Court? The Bar, The Media, And The Public, Steve Leben, John Russonello, Malcom Feeley

Malcolm Feeley

The fourth panel discussion at the National Forum on Judicial Independence explores the way the public thinks about judicial independence and ways in which the media and members of the bar may affect judicial independence. The discussion was led by then-AJA secretary Steve Leben, a state general-jurisdiction trial judge from Kansas. Panelists were John Russonello, a pollster and consultant to nonprofit organizations, political campaigns, and other clients, and Malcolm Feeley, professor at the Boalt Hall School of Law at the University of California-Berkeley. The National Forum on Judicial Independence was supported by a generous grant from the Joyce Foundation of ...


Court Review: Volume 41, Issue 3-4 - Judicial Independence: The Freedom To Be Fair, Steve Leben, Michael R. McAdam, Leo Bowman, Kevin S. Burke, Michael Cicconetti, Malcom Feeley, Jack Ford, Gayle Nachtigal, Tam Nomoto Schumann, William C. Vickrey 2017 Johnson County (Kan.) District Court

Court Review: Volume 41, Issue 3-4 - Judicial Independence: The Freedom To Be Fair, Steve Leben, Michael R. Mcadam, Leo Bowman, Kevin S. Burke, Michael Cicconetti, Malcom Feeley, Jack Ford, Gayle Nachtigal, Tam Nomoto Schumann, William C. Vickrey

Malcolm Feeley

The final panel discussion at the National Forum on Judicial Independence was moderated by Jack Ford, host of the syndicated Public Broadcasting System program, Inside the Law. The discussion explores topics of judicial independence in a manner designed for use with the public at large and formed the basis for the onehour PBS program, “Judicial Independence: The Freedom to Be Fair.” Panelists were Leo Bowman, chief judge of the District Court in Pontiac, Michigan, Kevin Burke, district judge and former chief judge of the Hennepin County (Minn.) District Court, Michael Cicconetti, judge of the Painesville (Ohio) Municipal Court, Malcolm Feeley ...


Habeas Corpus In The Anglo-American Legal Tradition, Amanda L. Tyler 2017 Berkeley Law

Habeas Corpus In The Anglo-American Legal Tradition, Amanda L. Tyler

Amanda L Tyler

The habeas corpus provision in the United States Constitution, known as the Suspension Clause, has long confounded courts and scholars as to its intended purpose. The wording of the Clause seems to promise the availability of "[t]he Privilege of the Writ of Habeas Corpus" - or, at least preclude the United States Congress from undermining that privilege where it is otherwise available unless Congress takes the dramatic step of enacting suspension legislation. The very same Clause, recognizing the extraordinary nature of suspension, precludes the legislature from adopting such a state of affairs except in the face of rare and dire ...


Insuring Bias: Does Evidence Of Common Insurance Demonstrate Relevant Expert Witness Bias In Medical Negligence Litigation?, 55 Duq. L. Rev. 339 (2017), Marc Ginsberg 2017 John Marshall Law School

Insuring Bias: Does Evidence Of Common Insurance Demonstrate Relevant Expert Witness Bias In Medical Negligence Litigation?, 55 Duq. L. Rev. 339 (2017), Marc Ginsberg

Marc D. Ginsberg

No abstract provided.


Higher Education Under Pressure: What Will The Future Hold?, Nora V. Demleitner 2017 Washington and Lee University School of Law

Higher Education Under Pressure: What Will The Future Hold?, Nora V. Demleitner

Nora V. Demleitner

Not available.


An Uphill Battle: Ftc Regulation Of Unreasonable Data Security As An Unfair Practice, Nelly Rosenberg 2017 DePaul University

An Uphill Battle: Ftc Regulation Of Unreasonable Data Security As An Unfair Practice, Nelly Rosenberg

DePaul Law Review

No abstract provided.


To Serve And Protect: An Analysis Of Recent Law Enforcement Legislation In Illinois And A Call For Reform, Gabriella Leyhane 2017 DePaul University

To Serve And Protect: An Analysis Of Recent Law Enforcement Legislation In Illinois And A Call For Reform, Gabriella Leyhane

DePaul Law Review

No abstract provided.


Please Expect Turbulence: Liability For Communicable Disease Transmission During Air Travel, Kathryn Brown 2017 DePaul University

Please Expect Turbulence: Liability For Communicable Disease Transmission During Air Travel, Kathryn Brown

DePaul Law Review

No abstract provided.


Cooperatives: The First Social Enterprise, Elaine Waterhouse Wilson 2017 DePaul University

Cooperatives: The First Social Enterprise, Elaine Waterhouse Wilson

DePaul Law Review

No abstract provided.


The Treachery Of Images: Reinterpreting Compelled Commercial-Speech Doctrine, Peter Bozzo 2017 DePaul University

The Treachery Of Images: Reinterpreting Compelled Commercial-Speech Doctrine, Peter Bozzo

DePaul Law Review

No abstract provided.


Table Of Contents, 2017 DePaul University

Table Of Contents

DePaul Law Review

No abstract provided.


President Nixon's Prescience: The Honorable Kevin Thomas Duffy, Timothy John Casey 2017 St. John's University School of Law

President Nixon's Prescience: The Honorable Kevin Thomas Duffy, Timothy John Casey

The Catholic Lawyer

No abstract provided.


The Constitutionality Of Polygamy Prohibitions After Lawrence V. Texas: Is Scalia A Punchline Or A Prophet?, Joseph Bozzuti 2017 St. John's University School of Law

The Constitutionality Of Polygamy Prohibitions After Lawrence V. Texas: Is Scalia A Punchline Or A Prophet?, Joseph Bozzuti

The Catholic Lawyer

No abstract provided.


Finding Marriage Amidst A Sea Of Confusion: A Precursor To Considering The Public Purposes Of Marriages, Randy Lee 2017 St. John's University School of Law

Finding Marriage Amidst A Sea Of Confusion: A Precursor To Considering The Public Purposes Of Marriages, Randy Lee

The Catholic Lawyer

No abstract provided.


Born Again On Death Row: Retribution, Remorse, And Religion, Michael A. Simons 2017 St. John's University School of Law

Born Again On Death Row: Retribution, Remorse, And Religion, Michael A. Simons

The Catholic Lawyer

No abstract provided.


Shh! State Legislators Bite Your Tongues: Semantics Dictates The Constitutionality Of Public School "Moment Of Silence" Statutes, Elizabeth Anne Walsh 2017 St. John's University School of Law

Shh! State Legislators Bite Your Tongues: Semantics Dictates The Constitutionality Of Public School "Moment Of Silence" Statutes, Elizabeth Anne Walsh

The Catholic Lawyer

No abstract provided.


Religion, Neutrality, And The Public School Curriculum: Equal Treatment Or Separation?, Matthew D. Donovan 2017 St. John's University School of Law

Religion, Neutrality, And The Public School Curriculum: Equal Treatment Or Separation?, Matthew D. Donovan

The Catholic Lawyer

No abstract provided.


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