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Articles 1 - 30 of 36
Full-Text Articles in Law
Guidelines And Best Practices For Large And Mass Tort Mdls (First Edition), Duke Law School Center For Judicial Studies
Guidelines And Best Practices For Large And Mass Tort Mdls (First Edition), Duke Law School Center For Judicial Studies
Bolch Judicial Institute Publications
Mass-tort MDLs dominate the federal civil docket, yet they present enormous challenges to transferee judges assigned to manage them. There is little official guidance and no rules specific to the management of mass-tort MDLs, often requiring the transferee judge to develop procedures out of whole cloth.
Beginning in 2013, the Bolch Judicial Institute (then the Center for Judicial Studies) sought to address this issue through a series of annual bench-bar conferences. From these conferences came the Guidelines and Best Practices for Large and Mass-Tort MDLs document, which is designed to help judges and legal practitioners understand and efficiently navigate complex …
Newsroom: Yelnosky On State Pension Dispute, Roger Williams University School Of Law
Newsroom: Yelnosky On State Pension Dispute, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
No.31 - December 2014, Center Of Civil Law Studies
No.31 - December 2014, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
No.30 - October 2014, Center Of Civil Law Studies
No.30 - October 2014, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
Legal Implications Of Student-Based Relationships In Higher Education, Lisa Brun, Zachary Inman
Legal Implications Of Student-Based Relationships In Higher Education, Lisa Brun, Zachary Inman
Parameters of Law in Student Affairs and Higher Education (CNS 670)
No abstract provided.
Alcohol And Substance Abuse In Higher Education: Suggestions For Student Affairs Professionals, Emma Charpentier, Andrew L. Cullen, Bryan Hamann, Samantha Mallory
Alcohol And Substance Abuse In Higher Education: Suggestions For Student Affairs Professionals, Emma Charpentier, Andrew L. Cullen, Bryan Hamann, Samantha Mallory
Parameters of Law in Student Affairs and Higher Education (CNS 670)
No abstract provided.
Representation In Context: Party Power And Lawyer Expertise, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark
Representation In Context: Party Power And Lawyer Expertise, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark
Georgetown Law Faculty Publications and Other Works
The questions when, why, and how legal representation makes a difference for parties in civil litigation remain largely unanswered, although recent scholarship raises compelling new questions and suggests new explanations and theoretical approaches. Understanding how legal representation operates, we argue, requires an appreciation for the context in which the representation actually takes place. This article examines two previously unexplored elements of the context of legal representation through empirical and theoretical analysis: the balance of power between the parties to a dispute and the professional, specifically strategic, expertise that a legal representative contributes. The results of a study of 1,700 unemployment …
Summary Of Barrett V. Eighth Jud. Dist. Ct, 130 Nev. Adv. Op. 65, Laura Guidry
Summary Of Barrett V. Eighth Jud. Dist. Ct, 130 Nev. Adv. Op. 65, Laura Guidry
Nevada Supreme Court Summaries
The Court determined one issue: 1) whether a defendant subcontractor must provide NRS Chapter 40 prelitigation notice, which is statutorily followed by an opportunity to repair, prior to filing a fourth-party complaint against a supplier.
Juries, Social Norms, And Civil Justice, Jason M. Solomon
Juries, Social Norms, And Civil Justice, Jason M. Solomon
Faculty Publications
At the root of many contemporary debates and landmark cases in the civil justice system are underlying questions about the role of the civil jury. In prior work, I examined the justifications for the civil jury as a political institution, and found them wanting in our contemporary legal system.
This Article looks closely and critically at the justification for the civil jury as an adjudicative institution and questions the conventional wisdom behind it. The focus is on tort law because the jury has more power to decide questions of law in tort than any other area of law. The Article …
No.29 - June 2014, Center Of Civil Law Studies
No.29 - June 2014, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
Summary Of Jacobs V. Adelson, 130 Nev. Adv. Op. 44, Kylee Gloeckner
Summary Of Jacobs V. Adelson, 130 Nev. Adv. Op. 44, Kylee Gloeckner
Nevada Supreme Court Summaries
The Court determined whether the absolute privilege rule applies to statements made to the media.
University Of Texas Southwestern Medical Center V. Nassar: Undermining The National Policy Against Discrimination, Matthew A. Krimski
University Of Texas Southwestern Medical Center V. Nassar: Undermining The National Policy Against Discrimination, Matthew A. Krimski
Maryland Law Review Online
No abstract provided.
Abstention, Balancing The Equities, And Armed Conflict In Al-Nashiri: A Reply To Steve Vladeck And Kevin Jon Heller, Peter Margulies
Abstention, Balancing The Equities, And Armed Conflict In Al-Nashiri: A Reply To Steve Vladeck And Kevin Jon Heller, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Al-Nashiri, The Cole Bombing, And The Start Of The Conflict With Al-Qaeda, Peter Margulies
Al-Nashiri, The Cole Bombing, And The Start Of The Conflict With Al-Qaeda, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Towards Universal Fiduciary Principles, Tamar Frankel
Towards Universal Fiduciary Principles, Tamar Frankel
Faculty Scholarship
Fiduciary relationships play an important role in civil law and common law jurisdictions. While both legal systems offer similar outcomes in upholding fiduciary law principles, the way they achieve these ends is fundamentally different. In common law jurisdictions, fiduciary law is rooted in the law of property. By contrast, in civil law jurisdictions, fiduciary principles find their source in contract law. This article seeks to reconcile these differences, by identifying universal principles that apply to both systems. The author describes the sources of fiduciary law in the common law and the civil law, then highlights underlying differences between the two …
First Amendment Enclave: Is The Public University Curriculum Immune From The Sweep Of The Compelled Speech Doctrine?, Joseph J. Martins
First Amendment Enclave: Is The Public University Curriculum Immune From The Sweep Of The Compelled Speech Doctrine?, Joseph J. Martins
Faculty Publications and Presentations
Seventy years ago, in West Virginia State Board of Education v. Barnette, the United States Supreme Court eloquently held that the state could not compel public schoolchildren to salute the flag while reciting the Pledge of Allegiance. The decision has been heralded as one of the Court’s most significant free speech cases because it acknowledged expansive protection for freedom of conscience. But recently, the United States Court of Appeals for the Eleventh Circuit held that Barnette’s protection does not extend to college students who challenge their public institution’s curriculum because university enrollment is “voluntary.” The impact of this …
No.28 - February 2014, Center Of Civil Law Studies
No.28 - February 2014, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
Chapter 16: Transnational Legal Process Theories, Maya Steinitz
Chapter 16: Transnational Legal Process Theories, Maya Steinitz
Faculty Scholarship
THIS chapter is devoted to transnational legal process theories. In 1955, Philip Jessup, in his Storrs Lectures at Yale, famously coined the term “transnational law” as he searched for a concept that would capture the legal regulation of actions or events that transcend national boundaries and that can accommodate both public and private international law. Further, while the traditional concept of “international law” referred to the law regulating relationships between states, the new term encompassed legal relationships of and amongst individuals, corporations, and organizations as well as states.
In other words, as early as the 1950s, and thereafter with increased …
It’S Still Perilous To Catch A Lyft In San Francisco, Mark Wilson
It’S Still Perilous To Catch A Lyft In San Francisco, Mark Wilson
GGU Law Review Blog
No abstract provided.
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry H. Dubner, Nicole Mckee
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry H. Dubner, Nicole Mckee
Faculty Scholarship
No abstract provided.
The Right To Erasure: Privacy, Data Brokers, And The Indefinite Retention Of Data, Alexander Tsesis
The Right To Erasure: Privacy, Data Brokers, And The Indefinite Retention Of Data, Alexander Tsesis
Faculty Publications & Other Works
No abstract provided.
This Is Your Sword: Does Plaintiff Prior Conviction Evidence Affect Civil Trial Outcomes, Deirdre Bowen, Kathryn Stanchi
This Is Your Sword: Does Plaintiff Prior Conviction Evidence Affect Civil Trial Outcomes, Deirdre Bowen, Kathryn Stanchi
Faculty Articles
The conventional wisdom in law is that a prior conviction is one of the most powerful and damaging pieces of evidence that can be offered against a witness or party. In legal lore, prior convictions seriously undercut the credibility of the witness and can derail the outcome of a trial. This article suggests that may not always be true. This article details the results of an empirical study of juror decision-making that challenges the conventional wisdom about prior convictions. In our study, the prior conviction evidence did not have a direct impact on the outcome of the civil trial or …
Does Shari’A Play A Role In Turkey?, Russell Powell
Does Shari’A Play A Role In Turkey?, Russell Powell
Faculty Articles
This essay explores the relationship of religious law with contemporaryTurkey. The essay discusses certain civil law supporting the adoption of Sharia in Turkey, the role of religious people in providing protection to religious freedom in Turkey, and the role of traditional Kemalist secularism laiklik in distinguishing Turkey.
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Doomed Steamers And Merged Fires: The Problem Of Preempted Innocent Threats In Torts, Anthony M. Dillof
Doomed Steamers And Merged Fires: The Problem Of Preempted Innocent Threats In Torts, Anthony M. Dillof
Law Faculty Research Publications
No abstract provided.
The Judges Of The U.S. Judicial Panel On Multidistrict Litigation, Tracey E. George, Margaret S. Williams
The Judges Of The U.S. Judicial Panel On Multidistrict Litigation, Tracey E. George, Margaret S. Williams
Vanderbilt Law School Faculty Publications
The United States Judicial Panel on Multidistrict Litigation (or "MDL Panel") is one of a small number of special federal courts created pursuant to Article III by Congress and staffed by a Chief-Justice-appointed group of Article III judges for limited terms. The MDL Panel is a powerful judicial institution with substantial discretion over complex litigation in the United States. For all practical purposes, it controls where many of the most far-reaching and significant private civil actions will be resolved which can affect procedural and substantive rights of the parties. An understanding of who has served on the MDL Panel would …
It's Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous
It's Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous
Law Student Publications
This comment analyzes the various potential legal approaches to dealing with revenge porn and posits that a federal law criminalizing the dissemination of revenge porn is necessary to combat this growing trend. Part II provides background information on revenge porn and further analyzes how the successful relationship between technology and pornography led to the rise of revenge porn. Part III analyzes the different civil remedies currently available to revenge porn victims and argues these are not practicable solutions. Part IV discusses the current state laws criminalizing revenge porn and the legal challenges faced by those affected by revenge porn and …
Cy Pres And The Optimal Class Action, Jay Tidmarsh
Cy Pres And The Optimal Class Action, Jay Tidmarsh
Journal Articles
This Article, prepared for a symposium on class actions, examines the problem of cy pres relief through the lens of ensuring that class actions have an optimal claim structure and class membership. It finds that the present cy pres doctrine does little to advance the creation of optimal class actions, and may do some harm to achieving that goal. The Article then proposes an alternative “nudge” to induce putative class counsel to structure class actions in an optimal way: set attorneys’ fees so that counsel is compensated through a combination of an hourly market rate and a percentage of the …
Using Tips To Discount To Present Value, Raymond Strangways, Bruce L. Rubin, Michael Zugelder
Using Tips To Discount To Present Value, Raymond Strangways, Bruce L. Rubin, Michael Zugelder
Finance Faculty Publications
The practice of forensic economics has a long history of trying to identify the correct interest rate to use when valuing economic losses in personal injury and wrongful death cases. We trace the legal history as it relates to the appropriate interest rates and adjustments for inflation. We then discuss the use of Treasury Inflation Protected Securities, TIPS, and an analysis of the combined effect of realized inflation and taxes on the effective return. We come to the unexpected conclusion that the use of TIPS does not lend itself to a simple adjustment to the rate for taxes nor eliminate …
Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney
Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney
Faculty Publications
No abstract provided.