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5511 full-text articles. Page 6 of 95.

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post 2016 Touro Law School

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post

Touro Law Review

No abstract provided.


Preface To The Gateway Thread, Deborah Post 2016 Touro Law School

Preface To The Gateway Thread, Deborah Post

Touro Law Review

No abstract provided.


Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh 2016 Touro College Jacob D. Fuchsberg Law Center

Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh

Touro Law Review

No abstract provided.


Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel 2016 Touro College Jacob D. Fuchsberg Law Center

Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel

Touro Law Review

No abstract provided.


Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon 2016 Touro College Jacob D. Fuchsberg Law Center

Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon

Touro Law Review

No abstract provided.


Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley 2016 Touro College Jacob D. Fuchsberg Law Center

Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley

Touro Law Review

No abstract provided.


Common Sense And Contract Law: Fear Of A Normative Planet?, Thomas Joo 2016 Touro College Jacob D. Fuchsberg Law Center

Common Sense And Contract Law: Fear Of A Normative Planet?, Thomas Joo

Touro Law Review

No abstract provided.


Reasonable Supervision In The City: Enhancing The Safety Of Students With Disabilities In Urban (And Other) Schools, Lynn M. Daggett 2016 Gonzaga Law School

Reasonable Supervision In The City: Enhancing The Safety Of Students With Disabilities In Urban (And Other) Schools, Lynn M. Daggett

Fordham Urban Law Journal

No abstract provided.


Rish V. Simao, 132 Nev. Adv. Op. 17 (Mar. 17, 2016), Heather Caliguire 2016 Nevada Law Journal

Rish V. Simao, 132 Nev. Adv. Op. 17 (Mar. 17, 2016), Heather Caliguire

Nevada Supreme Court Summaries

The Nevada Supreme Court held that the District Court wrongly excluded evidence of low-impact defense when it required a biomechanical expert testify about the nature of the accident, erroneously interpreting Hallmark v. Eldgridge Instead, Hallmark requires sufficient foundation for admission of testimony and evidence, specifically excluding a biomechanical expert’s testimony under NRS 50.275. The Court additionally held that the District Court erred when it ultimately struck the defendant’s answer for violations of the pretrial order precluding defendant from raising a minor or low impact defense.


Are Private Automobile Insurance Companies Replacing Workers’ Compensation Coverage When The Employee/Insured Is Injured In The Course And Scope Of Employment By A Third-Party Tortfeasor?: Rubin V. State Farm Mutual Automobile Insurance Company, Micah Echols 2016 Judicial Clerk for the Honorable Sally Loehrer, District Judge, Eighth Judicial District

Are Private Automobile Insurance Companies Replacing Workers’ Compensation Coverage When The Employee/Insured Is Injured In The Course And Scope Of Employment By A Third-Party Tortfeasor?: Rubin V. State Farm Mutual Automobile Insurance Company, Micah Echols

University of New Hampshire Law Review

[Excerpt] "Multiple sources for recovery are available for an employee who is physically injured by a third-party tortfeasor in the course and scope of employment. This is especially true when the physical injury triggers coverage under a health insurance policy or other type of insurance policy for medical benefits.2 First, assuming that the employer participates in workers’ compensation insurance, the employee is entitled to receive workers’ compensation benefits for medical expenses. Second, the employee can also recover payments for medical benefits from the third-party tortfeasor in a common-law negligence lawsuit. Third, the employee, who in this context would be ...


Attorney’S Fees, Nominal Damages, And Section 1983 Litigation, Thomas A. Eaton, Michael L. Wells 2016 College of William & Mary Law School

Attorney’S Fees, Nominal Damages, And Section 1983 Litigation, Thomas A. Eaton, Michael L. Wells

William & Mary Bill of Rights Journal

Can plaintiffs recover attorney’s fees under 42 U.S.C. § 1988 when they establish constitutional violations but recover only nominal damages or low compensatory damages? Some federal appellate courts have concluded that no fee, or a severely reduced fee, should be awarded in such circumstances. This position, which we call the “low award, low fee” approach, rests primarily on the Supreme Court’s 1992 opinion in Farrar v. Hobby.

We argue that a “low award, low fee” approach is misguided for two main reasons. First, the majority opinion in Farrar is fragmented, and the factual record is opaque regarding ...


Newsroom: Logan On Kenneth Feinberg 03-12-2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Logan On Kenneth Feinberg 03-12-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Discrimination And Business Regulation, Eileen Kaufman 2016 Touro Law Center

Discrimination And Business Regulation, Eileen Kaufman

Touro Law Review

No abstract provided.


Can Negligent Referral To Another Attorney Constitute Legal Malpractice?, Barry R. Temkin 2016 Touro College Jacob D. Fuchsberg Law Center

Can Negligent Referral To Another Attorney Constitute Legal Malpractice?, Barry R. Temkin

Touro Law Review

No abstract provided.


The Latest Word From The Supreme Court On Punitive Damages, Leon D. Lazer 2016 Touro Law Center

The Latest Word From The Supreme Court On Punitive Damages, Leon D. Lazer

Touro Law Review

No abstract provided.


What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin 2016 National University

What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin

D'Andre D. Lampkin

The purpose of this research project is to discuss the challenges law enforcement face when attempting to address quality of life issues for residents residing in and around Section 8 federal housing. The paper introduces readers to the purpose of Section 8 housing, the process in which residents choose subsidized housing, and the legal challenges presented when law enforcement agencies are assisting city government to address quality of life issues.
 
For purposes of this research project, studies were sampled to illustrate where law enforcement participation worked and where law enforcement participation leads to unintended legal ramifications.


Discussion Of The Tort Of Breach Of Statutory Duty, Neil Foster 2016 University of Newcastle, NSW, Australia

Discussion Of The Tort Of Breach Of Statutory Duty, Neil Foster

Neil J Foster

An interview with Ian Benson, Special Counsel to A R Conolly and Co, Lawyers, Sydney.


Industrial Accidents, Natural Disasters And "Act Of God", Michael Faure, Liu Jing, Andri G. Wibisana 2016 Maastricht University

Industrial Accidents, Natural Disasters And "Act Of God", Michael Faure, Liu Jing, Andri G. Wibisana

Georgia Journal of International & Comparative Law

No abstract provided.


Make Him An Offer He Can’T Refuse: The Concerning Practice That Effectively Ends Collective Litigation And How To Fix It (Without The Supreme Court), Daniel Fishman 2016 Boston College Law School

Make Him An Offer He Can’T Refuse: The Concerning Practice That Effectively Ends Collective Litigation And How To Fix It (Without The Supreme Court), Daniel Fishman

Boston College Journal of Law & Social Justice

In certain American jurisdictions, collective action lawsuits are severely limited through rules that enable a defendant to make a settlement offer worth the entirety of the plaintiff’s damages and thus moot his or her claim, regardless of whether the offer is accepted. In collective litigation, if the settlement offer is made prior to a motion for class certification, the defendant may end the litigation with minimal costs for the defendant, but with minimal justice for the represented class. This practice of mooting collective actions prior to a motion for class certification leaves the class without a representative, case, or ...


Attorney’S Fees, Nominal Damages, And Section 1983 Litigation, Thomas A. Eaton, Michael Wells 2016 University of Georgia School of Law

Attorney’S Fees, Nominal Damages, And Section 1983 Litigation, Thomas A. Eaton, Michael Wells

Scholarly Works

Can plaintiffs recover attorney’s fees under 42 U.S.C. § 1988 when they establish constitutional violations but recover only nominal damages or low compensatory damages? Some federal appellate courts have concluded that no fee, or a severely reduced fee, should be awarded in such circumstances. This position, which we call the “low award, low fee” approach, rests primarily on the Supreme Court’s 1992 opinion in Farrar v. Hobby.

We argue that a “low award, low fee” approach is misguided for two main reasons. First, the majority opinion in Farrar is fragmented and the factual record is opaque regarding ...


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