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California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson 2014 University of San Diego

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...


Sherlock’S Admonition: Vindicatory Contempts As Criminal Actions For Purposes Of 11 U.S.C. § 362(B)(1), Amir Shachmurove 2014 SelectedWorks

Sherlock’S Admonition: Vindicatory Contempts As Criminal Actions For Purposes Of 11 U.S.C. § 362(B)(1), Amir Shachmurove

Amir Shachmurove

No abstract provided.


Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, Robert J. Aalberts, Chad G. Marzen, Darren A. Prum 2014 SelectedWorks

Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, Robert J. Aalberts, Chad G. Marzen, Darren A. Prum

Chad G. Marzen

Every year, thousands of U.S. students study abroad for academic credit. Study abroad programs have traditionally garnered strong congressional support, and proponents of the programs emphasize the educational, cultural, and diplomatic benefits from study abroad experiences.

Despite the many benefits of study abroad programs, risks are incurred overseas. In the past several years, a number of incidents have resulted in which students studying abroad have not only incurred physical harm, but in some instances have died while enrolled in a study abroad program. The current liability standards governing study abroad programs are murky. This article not only discusses the ...


Summary Of Doan V. Wilkerson, 130 Nev. Adv. Op. 48, Kelsey Bernstein 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Doan V. Wilkerson, 130 Nev. Adv. Op. 48, Kelsey Bernstein

Nevada Supreme Court Summaries

The Court determined two issues: 1) whether the six-month statute of limitations set forth in NRCP 60(b) applies to a motion for relief from a divorce decree, and (2) under what circumstances a marital asset adjudicated in court but omitted from the final divorce decree may be partitioned through a motion for relief from judgment.


The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf 2014 Touro College Jacob D. Fuchsberg Law Center

The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf

Touro Law Review

This article examines the constitutional status of suspicionless searches and seizures of groups- an exceedingly important question in the age of terror, and a subject recently brought back to the forefront by the searches of subway passengers in New York City. It draws on process theory to argue that when a legislature has authorized a group search or seizure, courts should generally apply rational basis review.

First, other areas of constitutional doctrine exhibit deep trust in the power of groups to protect their interests in political process, and there is no reason why fourth amendment doctrine should not do the ...


Challenging Unjust Convictions Under Section 1983, Leon Friedman 2014 Touro College Jacob D. Fuchsberg Law Center

Challenging Unjust Convictions Under Section 1983, Leon Friedman

Touro Law Review

No abstract provided.


The Helmsley Case: An Illustration Of The Confused State Of The Law Surrounding The Manifest Disregard Of Law Doctrine As Applied To Arbitration, David Graff 2014 Touro College Jacob D. Fuchsberg Law Center

The Helmsley Case: An Illustration Of The Confused State Of The Law Surrounding The Manifest Disregard Of Law Doctrine As Applied To Arbitration, David Graff

Touro Law Review

No abstract provided.


Wage War: Backpay Under The Hoffman Decision, Shuaa Tajammul 2014 University of Massachusetts School of Law

Wage War: Backpay Under The Hoffman Decision, Shuaa Tajammul

University of Massachusetts Law Review

This Article discusses the effect of the Hoffman Plastic Compounds decision on backpay as a remedy for illegal immigrants who sue their employers for lost wages. When Congress passed the Immigration Reform and Control Act of 1986 (“IRCA”), it believed it struck at the heart of illegal immigration: the search for employment in the United States. However, the IRCA did not accomplish its stated purpose. In 2002, the Supreme Court ruled that lost wages and backpay were not available as remedies to an employee who obtained a job through IRCA violation and later tried to sue his/her employer. The ...


Squatting: Lifting The Heavy Burden To Evict Unwanted Company, Shannon Dunn McCarthy 2014 University of Massachusetts School of Law

Squatting: Lifting The Heavy Burden To Evict Unwanted Company, Shannon Dunn Mccarthy

University of Massachusetts Law Review

In the later part of 2012, news and media outlets gave widespread attention to the fact that people were living rent-free in homes across the United States while the property owners were left with the burden of evicting the unwanted company in order to gain rightful possession to their property. These stories were not isolated to low incomes areas. News broadcasts shed light on squatters making camp in high-end realty valued in the millions. At the same time, news outlets in the United Kingdom were reporting on the squatting topic, but with a different angle – a recent law criminalizing squatting ...


Invading The Realm Of The Dead: Exploring The (Im)Propriety Of Punitive Damage Awards Against Estates, Emily Himes Iversen 2014 University of Michigan Law School

Invading The Realm Of The Dead: Exploring The (Im)Propriety Of Punitive Damage Awards Against Estates, Emily Himes Iversen

University of Michigan Journal of Law Reform

Punitive damages are traditionally understood, at least in part, as damages designed to punish. It should therefore come as no surprise that, in the majority of states that have decided the issue, courts have chosen not to allow punitive damage awards against the estates of deceased tortfeasors. After all, the tortfeasor can no longer be punished (at least by tort awards). Nonetheless, punitive damages can also serve other purposes, such as deterrence. This Note argues that Michigan, a state which has not yet taken a stance, should adopt the minority position that allows punitive damages to be awarded against estates ...


Keeping Up With The Game: The Use Of The Nash Bargaining Solution In The Calculation Of Reasonable Royalty Damages In Patent Infringement Cases, Lance E. Wyatt Jr. 2014 SelectedWorks

Keeping Up With The Game: The Use Of The Nash Bargaining Solution In The Calculation Of Reasonable Royalty Damages In Patent Infringement Cases, Lance E. Wyatt Jr.

Lance E Wyatt Jr.

Determining damages are an integral stage in the patent litigation process. Since 1970, reasonable royalty damages have been calculated using the factors set forth in the seminal decision, Georgia-Pacific Corp. v. United States Plywood Corp. However, these factors are prone to manipulation and abuse by damages experts. Using a solution to a two-person bargaining situation developed by John Nash, Jr. in 1950, damages experts have utilized the Nash Bargaining Solution as a method to calculate reasonable royalty damages in patent infringement cases. Since its introduction in patent infringement cases, courts have been reluctant to admit the use of the NBS ...


The Infringement Continuum, Bernard H. Chao 2014 SelectedWorks

The Infringement Continuum, Bernard H. Chao

Bernard H Chao

For many years, patent law has struggled with the issue of permissible claim scope. A patent’s specification and its claims often suffer from a surprising disconnect. The specification generally describes an invention in terms of one or more specific implementations; suggesting a relatively narrow invention. But claims are drafted far more broadly. They frequently encompass unforeseen variations and even cover after arising technology.

Although there are numerous existing doctrines that try to prevent claims from straying too far from their specification, these doctrines offer binary outcomes ill-suited for patent law. Under these doctrines, as a claim encompasses subject matter ...


Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin 2014 The John Marshall Law School

Truth Stories: Credibility Determinations At The Illinois Torture Inquiry And Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014), Kim D. Chanbonpin

Faculty Scholarship

This is the first scholarly Article to investigate the inner workings of the Illinois Torture Inquiry and Relief Commission (“TIRC”). The TIRC was established by statute in 2009 to provide legal redress for victims of police torture. Prisoners who claim that their convictions were based on confessions coerced by police torture can utilize the procedures available at the TIRC to obtain judicial review of their cases. For those who have exhausted all appeals and post-conviction remedies, the TIRC represents the tantalizing promise of justice long denied. To be eligible for relief, however, the claimant must first meet the TIRC’s ...


An Amnesty Approach To Implicit Bias And Isms In Mediation Design, Elayne E. Greenberg 2014 SelectedWorks

An Amnesty Approach To Implicit Bias And Isms In Mediation Design, Elayne E. Greenberg

Elayne E Greenberg

The failure of our legal system to interpret anti-discrimination laws in a way that protects many employees from workplace discrimination coupled with growing cross-disciplinary research that clarifies workplace discrimination as a primarily unconscious process calls out for a different approach to address the unconscious discrimination that remains the heart of workplace discrimination. Quashing workplace discrimination caused by unconscious biases will require us to abandon the status quo approach of litigating and blaming for discriminatory acts caused by an unconscious bias and try a different approach. This dispute resolution systems designer proposes an amnesty-centered mediation approach as part of a purposeful ...


Book Review: Fresh Water In International Law. By Laurence Boisson De Chazournes, ‎Oxford, Oxford University Press (Dec. 2013). ‎, Itzchak Kornfeld 2014 SelectedWorks

Book Review: Fresh Water In International Law. By Laurence Boisson De Chazournes, ‎Oxford, Oxford University Press (Dec. 2013). ‎, Itzchak Kornfeld

Itzchak E. Kornfeld

This book review of an extremely timely, far-reaching and comprehensive book by Professor Laurence Boisson de Chazournes, titled Fresh Water in International Law, by an expert in the field. Today, in an era of climate change, wide spread droughts across the globe, the fate of fresh water, which is a fixed resource and is the source of life, is an ominous problem in and for international law. Boisson de Chazournes addresses issues related to treaty design and interpretation, case law, UN initiatives, human rights issues and the development of the human right to water. The author also stresses that today ...


Los Tormentos De La Teoría Del Contacto Social: Contextualizando (Otra Vez) Una Categoría Jurídica, Renzo E. Saavedra Velazco 2014 Latin American and Caribbean Law and Economics Association

Los Tormentos De La Teoría Del Contacto Social: Contextualizando (Otra Vez) Una Categoría Jurídica, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

No abstract provided.


An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar 2014 College of William & Mary Law School

An Exploration Of "Noneconomic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar

William & Mary Law Review

No abstract provided.


What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans 2014 College of William & Mary Law School

What's It Worth? Jury Damage Awards As Community Judgments, Valerie P. Hans

William & Mary Law Review

No abstract provided.


Induced To Infringe: Divided Patent Infringement In Light Of The Akamai Ruling, Sean Africk 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Induced To Infringe: Divided Patent Infringement In Light Of The Akamai Ruling, Sean Africk

Nevada Law Journal

No abstract provided.


Turning Restitution Upside-Down: The Mortgage Fraud Restitution Formula Amidst Volatile Housing Prices, Nicole Scott 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Turning Restitution Upside-Down: The Mortgage Fraud Restitution Formula Amidst Volatile Housing Prices, Nicole Scott

Nevada Law Journal

No abstract provided.


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