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United States Supreme Court Surveys: 2016 Term. Still Standing After All These Years: Five Decades Of Litigation Under The Fair Housing Act And The Supreme Court Still Can't Say For Sure Who Is Protected, David A. Logan 2018 Roger Williams University School of Law

United States Supreme Court Surveys: 2016 Term. Still Standing After All These Years: Five Decades Of Litigation Under The Fair Housing Act And The Supreme Court Still Can't Say For Sure Who Is Protected, David A. Logan

Law Faculty Scholarship

No abstract provided.


Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel 2018 University of Oklahoma College of Law

Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel

Oklahoma Law Review

No abstract provided.


Agriculture And Res Ipsa Loquitur, Chad G. Marzen 2018 University of Oklahoma College of Law

Agriculture And Res Ipsa Loquitur, Chad G. Marzen

Oklahoma Law Review

No abstract provided.


Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White 2018 Touro College Jacob D. Fuchsberg Law Center

Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White

Touro Law Review

No abstract provided.


Income-Dependent Punitive Damages, Ronen Perry, Elena Kantorowicz-Reznichenko 2018 University of Haifa

Income-Dependent Punitive Damages, Ronen Perry, Elena Kantorowicz-Reznichenko

Washington University Law Review

The Article unfolds in six parts. Part I outlines the development of the law governing punitive damages. Part II analyzes the possible rationales for this unique “middle-ground” doctrine, focusing on deterrence and retribution. Part III considers whether the defendant’s wealth should be considered in assessing punitive damages in light of their underlying goals. Part IV demonstrates how the defendant’s wealth can be integrated into the calculation. It extracts the foundations from European criminal justice systems and adapts the model to American civil law. Part V defends the proposed model from the relevant theoretical perspectives. Lastly, Part VI discusses ...


Palsgraf V. Long Island R.R.: Its Historical Context, William E. Nelson 2018 Touro College Jacob D. Fuchsberg Law Center

Palsgraf V. Long Island R.R.: Its Historical Context, William E. Nelson

Touro Law Review

No abstract provided.


Cardozo And The Civil Jury, Michael D. Green, Ashley DiMuzio 2018 Touro College Jacob D. Fuchsberg Law Center

Cardozo And The Civil Jury, Michael D. Green, Ashley Dimuzio

Touro Law Review

No abstract provided.


United States Supreme Court Surveys: 2016 Term. Still Standing After All These Years: Five Decades Of Litigation Under The Fair Housing Act And The Supreme Court Still Can't Say For Sure Who Is Protected, David A. Logan 2018 Roger Williams University School of Law

United States Supreme Court Surveys: 2016 Term. Still Standing After All These Years: Five Decades Of Litigation Under The Fair Housing Act And The Supreme Court Still Can't Say For Sure Who Is Protected, David A. Logan

Roger Williams University Law Review

No abstract provided.


Captured At The Scene: A Proposal For The Admissibility Of Visually Recorded Scene Statements From Domestic Violence Complainants In Western Australia, Benjamin Procopis 2018 Edith Cowan University

Captured At The Scene: A Proposal For The Admissibility Of Visually Recorded Scene Statements From Domestic Violence Complainants In Western Australia, Benjamin Procopis

Theses : Honours

In 2015, New South Wales introduced a legislative reform termed DVEC, which made admissible as evidence in chief, visually recorded statements from domestic violence complainants. Unlike other pre-recorded evidence, DVEC is captured at the scene of the incident, shortly after the event. The impetus for implementing DVEC was to overcome the issues identified with prosecuting domestic violence offences owing to the power imbalance in the relationship and the vulnerability of the complainant. In Western Australia, visually recorded statements from children and those with mental impairment are presently admissible for the same underpinning reasons. Police prosecutors and defence counsel participated in ...


Engineering Standards In Highway Design Litigation, Michael Lewyn 2017 Touro Law Center

Engineering Standards In Highway Design Litigation, Michael Lewyn

Michael E Lewyn

Chapter in "Engineering Standards for Forensic Application." (coauthored) Focuses on soveriegn immunity for highway designers.


Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb 2017 Rochester Institute of Technology

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb

Articles

This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team found ...


Peck V. Zipf, 133 Nev. Adv. Op. 108 (Dec. 28, 2017), Jeff Chronister 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Peck V. Zipf, 133 Nev. Adv. Op. 108 (Dec. 28, 2017), Jeff Chronister

Nevada Supreme Court Summaries

Under NRS 41A.071, a plaintiff’s malpractice claim must be dismissed if the claim is not accompanied by an expert affidavit, but NRS 41A.100(1) states that the expert affidavit need not be submitted if the medical malpractice claim is argued under the res ipsa loquitur doctrine. Because the appellant failed to prove that the instrument left in his body was the result of surgery, the claim was properly dismissed in that the claim did not satisfy the elements to permit the statutory exception of the res ipsa loquitur doctrine. Likewise, NRS 41A.071 does not violate the ...


Segovia V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 112 (Dec. 28, 2017), Alexis Wendl 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Segovia V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 112 (Dec. 28, 2017), Alexis Wendl

Nevada Supreme Court Summaries

The Court determined that (1) the 2015 amendment that added “physician assistant” to NRS 41A was not intended to clarify the previous statute’s original intent; and (2) The 2015 Legislature intended for the 2015 amendment that added “physician assistant” to NRS Chapter 41A to apply prospectively.


State, Dep’T. Of Bus. And Indus., Fin. Inst. Div. V. Dollar Loan Ctr., L.L.C., 133 Nev Adv. Op. 103 (Dec. 26, 2017) (En Banc), Emily Meibert 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

State, Dep’T. Of Bus. And Indus., Fin. Inst. Div. V. Dollar Loan Ctr., L.L.C., 133 Nev Adv. Op. 103 (Dec. 26, 2017) (En Banc), Emily Meibert

Nevada Supreme Court Summaries

The Court determined that NRS 604A.408(2)(f) bars a licensee from bringing any type of enforcement action on a refinancing loan under the statute. This is because allowing for enforcement action would go against the legislative purpose of the statute.


Mays V. City Of Flint, Michigan, Nathan A. Burke 2017 Alexander Blewett III School of Law at the University of Montana

Mays V. City Of Flint, Michigan, Nathan A. Burke

Public Land and Resources Law Review

In Mays v. City of Flint Michigan, Michigan Department of Environmental Quality employees removed a class action against them in the Michigan state court to federal court under the federal-officer removal statute. This court ruled in favor of the residents of Flint, determining that the federal officer removal statute did not give the federal court jurisdiction over a state agency simply because the agency must follow federal rules. The court held that Michigan Department of Environmental Quality employees could not have been “acting under” the federal government even though the state agency’s enforcement authority could be trumped by the ...


The Right Balance: Qualified Immunity And Section 1983, Jana Minich 2017 Cedarville University

The Right Balance: Qualified Immunity And Section 1983, Jana Minich

Channels: Where Disciplines Meet

This paper explores qualified immunity jurisprudence in the context of Section 1983 lawsuits against police officers. Following an overview of the history behind this jurisprudence, this research looks into the current problems with the application of qualified immunity: lack of guidance for lower courts, a need for constitutional rights articulation, and a divergence from notice-based standard for particularity. This study suggests guiding the trajectory of case law toward solutions with foundations already present in precedent rather than overhauling the system of qualified immunity.


United States V. Osage Wind, Llc, Summer Carmack 2017 Alexander Blewett III School of Law at the University of Montana

United States V. Osage Wind, Llc, Summer Carmack

Public Land and Resources Law Review

The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian ...


Budzko V. One City Center Associates Limited Partnership: Maine's Unique Approach To Business Owners' Duty To Remove Ice And Snow, Jennifer A.W. Williams 2017 University of Maine School of Law

Budzko V. One City Center Associates Limited Partnership: Maine's Unique Approach To Business Owners' Duty To Remove Ice And Snow, Jennifer A.W. Williams

Maine Law Review

In February 2001, the Maine Supreme Judicial Court, sitting as the Law Court, decided for the first time in Budzko v. One City Center Associates Limited Partnership, what duty of care a business landowner owes to business invitees regarding the accumulation of ice and snow during a storm. Terry Budzko slipped and fell as she was exiting One City Center, the building in which her employer leased office space. The steps had not been shoveled or sanded and a snowstorm had been progressing throughout the day. The Law Court, placing heavy reliance on the factor of foreseeability, held that “[b ...


Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions, Sigmond D. Schutz 2017 University of Maine School of Law

Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions, Sigmond D. Schutz

Maine Law Review

Many states, including the State of Maine, take the position that they have, essentially, an infinite time within which to bring a civil action. The basis for the State's claim of immunity from statutes of limitations is the old English common law doctrine, “nullum tempus occurrit regi”-- literally, no time runs against the King--which purports to exempt the State from statutes of limitations of general applicability unless statutes expressly provide otherwise. There has not been a Maine Supreme Judicial Court (Law Court) opinion mentioning the nullum tempusdoctrine since 1955, but the doctrine continues to be actively asserted by the ...


Contingent Fee Litigation In New York City, Eric Helland, Daniel M. Klerman, Brenda Dowling, Alexander Kappner 2017 Claremont McKenna College

Contingent Fee Litigation In New York City, Eric Helland, Daniel M. Klerman, Brenda Dowling, Alexander Kappner

University of Southern California Legal Studies Working Paper Series

Since 1957, New York courts have required contingent fee lawyers to file “closing statements” that disclose settlement amounts, lawyers’ fees, an accounting of expenses, and other information. This article provides preliminary analysis of these data for the period 2004-2013. Among this article’s findings are that settlement rates in New York state courts are very high (84%) relative to previous studies, that very few cases are resolved by dispositive motions, that litigated cases and settled cases have almost exactly the same average recovery, that median litigation expenses, other than attorney’s fees, are 3% of gross recovery, that claims are ...


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