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Articles 1 - 15 of 15
Full-Text Articles in Law
Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber
Equal Justice Under The Law: Why Iolta Programs Do Not Violate The First Amendment, Hillary A. Webber
American University Law Review
No abstract provided.
Apologies And Legal Settlement: An Empirical Examination, Jennifer K. Robbennolt
Apologies And Legal Settlement: An Empirical Examination, Jennifer K. Robbennolt
Michigan Law Review
It is often said that U.S. legal culture discourages apologies. Defendants, defense counsel, and insurers worry that statements of apology will be admissible at trial and will be interpreted by jurors and judges as admissions of responsibility. In recent years, however, several legal commentators have suggested that disputants in civil lawsuits should be encouraged to apologize to opposing parties. They claim that apologies will avert lawsuits and promote settlement. Consistent with this view, legislatures in several states have enacted statutes that are intended to encourage and protect apologies by making them inadmissible. In addition, some commentators argue that defendants might …
Three Degrees Of Promising, Eric G. Andersen
Statutory Inflation And Institutional Choice, Lawrence M. Solan
Statutory Inflation And Institutional Choice, Lawrence M. Solan
William & Mary Law Review
No abstract provided.
Essay: Recent Developments In Minnesota Dram Shop Law, Christopher E. Celichowski, Michael T. Johnson
Essay: Recent Developments In Minnesota Dram Shop Law, Christopher E. Celichowski, Michael T. Johnson
William Mitchell Law Review
Minnesota's Civil Damages Act is a creature of statute without counterpart in common law. The Act, referred to as the “Dram Shop Act,” is highly penal in nature and is intended to provide remedies for damages attributable to commercial lenders' illegal sale of intoxicating liquors. Since the Act's inception more than ninety-two years ago, Minnesota courts traditionally have construed it in a strict fashion. Over its long evolution, the “duet” of legislative action and court interpretation served to clarify several ambiguities within the Act. Despite precise and oftentimes circumstantial application, certain ambiguities remain. The following article will--in the context of …
Minnesota And The American Rule: The Recoverability Of Attorneys’ Fees Following In Re Silicone Implant Insurance Coverage Litigation, John M. Bjorkman
Minnesota And The American Rule: The Recoverability Of Attorneys’ Fees Following In Re Silicone Implant Insurance Coverage Litigation, John M. Bjorkman
William Mitchell Law Review
In the United States, a successful litigant is generally not entitled to recover attorneys' fees from the opposing party absent specific statutory or contractual authorization. This basic principle is commonly referred to as the American Rule. Minnesota recognized and adopted the American Rule roughly 125 years ago. A limited number of exceptions to this longstanding rule exist, but Minnesota courts have generally been reluctant to expand or add to these exceptions. In Minnesota, an exception to the American Rule exists for fees incurred in a declaratory action to establish insurance coverage but only if the insurer has breached its duty …
America's Borders And Civil Liberties In A Post-September 11th World, Christopher H. Lytton
America's Borders And Civil Liberties In A Post-September 11th World, Christopher H. Lytton
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Hate Speech Online: Restricted Or Protected? Comparison Of Regulations In The United States And Germany, Yulia A. Timofeeva
Hate Speech Online: Restricted Or Protected? Comparison Of Regulations In The United States And Germany, Yulia A. Timofeeva
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Envisioning A Global Legal Culture, Charles H. Koch Jr.
Envisioning A Global Legal Culture, Charles H. Koch Jr.
Michigan Journal of International Law
To encourage all, but particularly U.S., lawyers to think about transformation of the law, this Article will envision a global legal regime. The purpose is more reflective than predictive. Nominally, the Article has three parts. The first Part offers an overview description of the emerging supranational legal institutions and the major forces moving them. The next Part will outline civil law legal concepts and provide background for common law readers. To further the goal of this Article, it will do so as it suggests some issues that will arise as the civil law system is incorporated into the global legal …
Recent Changes To Washington's Jury Trials: A Great System Made Even Better, Jeffrey C. Grant
Recent Changes To Washington's Jury Trials: A Great System Made Even Better, Jeffrey C. Grant
Seattle University Law Review
It was in this spirit that the Board of Judicial Administration created the Washington State Jury Commission in June 1999. The Commission's mandate was to "conduct a broad inquiry into the jury system and examine issues including ... juror responsiveness, citizen satisfaction from jury service, adequacy of juror reimbursement, and improving juror participation in trials." This Article sets forth a brief summary of the Commission's work and examines, in more detail, certain, specific recommendations of the Commission, including those that have been implemented and those that have not. In addition, this Article provides an update on the status of the …
Time Is Not On Your Side: Establishing A Consistent Statute Of Limitations For The Alien Tort Claims Act, David E. Chawes
Time Is Not On Your Side: Establishing A Consistent Statute Of Limitations For The Alien Tort Claims Act, David E. Chawes
Seattle University Law Review
This Comment argues that inconsistent application of limitations periods to ATCA claims does not provide sufficient and certain notice to potential parties to allow them to bring a timely claim, thereby potentially denying them an opportunity to receive a fair hearing in federal courts. Absent a U.S. Supreme Court ruling to provide consistent guidance on the applicable ATCA limitations period, Congress should amend the statute to provide a specific ten-year limitations period for most torts. Because both international and U.S. laws provide that murder committed as part of the crime of genocide has no statute of limitations," ATCA claims arising …
Prosecuting Human Rights Violations In Europe And America: How Legal System Structure Affects Compliance With International Obligations, Micah S. Myers
Prosecuting Human Rights Violations In Europe And America: How Legal System Structure Affects Compliance With International Obligations, Micah S. Myers
Michigan Journal of International Law
Will states really live up to these obligations? Are some states, and some legal systems, better equipped to do so than others? After all, it is one thing to commit to prosecuting horrendous offenses, or to recognize that there is an obligation under customary international law to do so, yet it is quite another to actually prosecute the perpetrators of such an offense; this is particularly the case when the government has a strong desire not to prosecute, because the accused are members of the government, because they are strong supporters of it, because they are foreign allies of the …
The Civil Side Of Judge Parker, Morton Gitelman
The Civil Side Of Judge Parker, Morton Gitelman
Oklahoma Law Review
No abstract provided.
Stretching The Equal Access Act Beyond Equal Access, Aaron H. Caplan
Stretching The Equal Access Act Beyond Equal Access, Aaron H. Caplan
Seattle University Law Review
This article explores the ramifications of stretching the Equal Access Act ("EAA" or "the Act") beyond equal access to school premises for meetings during noninstructional time. Part I provides background on the Equal Access Act, from its legislative origins through its interpretations by federal courts. This part includes a careful look at the statute's often confusing language. Part II describes and criticizes Prince v. Jacoby. I argue that the decision is plagued with legal errors large and small, but that the main error is its failure to consider a central question: equal access to what? Both the EAA and …
How Low Can You Go (Down The Ladder): The Vertical Reach Of Rico, 37 J. Marshall L. Rev. 1 (2003), Scott Paccagnini
How Low Can You Go (Down The Ladder): The Vertical Reach Of Rico, 37 J. Marshall L. Rev. 1 (2003), Scott Paccagnini
UIC Law Review
No abstract provided.