Law Commons^™

El Lado Oscuro De La Santidad: La Denominada "Santidad" De Los Contratos En Nuestra Constitución, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.

Changing Your Name In New York: A Guide For Attorneys And The Self-Represented—Part Ii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Publicidad De Las Acciones Colectivas., Gabriel Martinez Medrano

Gabriel Martinez Medrano

El trabajo aborda reciente jurisprudencia sobre las formas de publicar o comunicar la existencia de acciones colectivas a los consumidores, sin que los costos de dichas comunicaciones se transforme en una barrera para que puedan ser tramitadas.

Pound's Century, And Ours, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.

Civil Procedure: The Last Ten Years, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.

Appellate Courts And Prejudiced Verdicts, Thomas Shaffer

Thomas L. Shaffer

Professor Shaffer maintains that the preservation of fair trial in civil cases requires an increased Bench and Bar effort to control prejudicial trial conduct. To support this assertion, he investigates sources of jury prejudice, available and proposed court devices for remedying inadvertent and intentional misconduct by trial attorneys, and appellate court avoidance of corrective sanctions.

Religion And Procedure, Robert E. Rodes

Robert Rodes

God has no use for procedural rules since He knows the full truth and is able to exercise absolute justice simultaneously alongside complete mercy. This paper discusses the religious significance of legal rules of procedure in light of this truth. It finds that since we, unlike God, are inherently fallible, we are forced to implement procedures in the legal pursuit of our goals of truth, justice, and mercy. These procedures remain imperfect in implementing these goals, as compromises must often be made between competing values such as mercy on one hand and justice on the other. Nevertheless, though legal procedure …

The Compromise Of '38 And The Federal Courts Today, John H. Robinson

John H. Robinson

No abstract provided.

Terra Incognita: Un Aspecto Poco Estudiado De La Denominada Acción Pauliana, Fort Ninamancco Cordova

Fort Ninamancco Cordova

No abstract provided.

Schiavone: An Un-Fortune-Ate Illustration Of The Supreme Court's Role As Interpreter Of The Federal Rules Of Civil Procedure, Joseph P. Bauer

Joseph P. Bauer

Let me identify the two basic theses of this paper. First, I believe that in the recent Schiavone v. Fortune case, the Supreme Court gave the Federal Rule of Civil Procedure under consideration there, Rule 15(c), an unduly restrictive reading. In this, the fiftieth year of the effective date of the Rules, it is particularly unfortunate to see any of the Rules given an unnecessarily grudging interpretation. My second assertion is that as a general matter, in interpreting the Federal Rules, courts should recognize that their role is different from the one they play in interpreting statutes or in applying …

The Erie Doctrine Revisited: How A Conflicts Perspective Can Aid The Analysis, Joseph P. Bauer

Joseph P. Bauer

I have taught Civil Procedure for the past twenty-five years. Having returned to teaching Conflict of Laws last year, after not having taught that course since the mid-1980s, I was interested in re-examining the Erie doctrine from the vantage point of both of these subject areas. My goal was to see whether a combination of learning from these two related disciplines would introduce additional coherence into the analysis of this topic.

In one sense, the Erie doctrine and traditional choice of law determinations present analogous questions, since they both involve making a selection between competing legal rules. Choice of law …

Intellectual Property Defenses, Alex Stein, Gideon Parchomovsky

Alex Stein

This Article demonstrates that all intellectual property defenses fit into three conceptual categories: general, individualized, and class defenses. A general defense challenges the validity of the plaintiff’s intellectual property right. When raised successfully, it annuls the plaintiff’s right and relieves not only the defendant, but also the entire world of the duty to comply with it. An individualized defense is much narrower in scope: Its successful showing defeats the specific infringement claim asserted by the plaintiff, but leaves the plaintiff’s right intact. Class defenses form an in-between category: They create an immunity zone for a certain group of users to …

¿Cómo Se Constituyen Las Denominadas Servidumbres Legales? Apuntes En Torno A Una Pregunta Nada Obvia, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.

Drafting New York Civil-Litigation Documents: Part Xxviii—Disclosure Motions Continued, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

The Constitutionality Of Government Fees As Applied To The Poor, Henry Rose

Henry Rose

No abstract provided.

Cases On Criminal Procedure, Robert Bloom

Robert Bloom

No abstract provided.

Jailhouse Informants, Robert M. Bloom

Robert Bloom

No abstract provided.

Changing Your Name In New York: A Guide For Attorneys And The Self-Represented—Part I, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Drafting New York Civil-Litigation Documents: Part Xxvii—Disclosure Motions, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

No Fault, No Foul: Litigating First-Party-Benefit Cases—Part Ii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

O Capital Jurídico E O Ciclo Da Litigância, Ivo T. Gico Jr.

Ivo Teixeira Gico Jr.

THIS PAPER EXPLORES THE INTERPRETATION OF LAW AS CAPITAL GOOD AND ITS IMPLICATIONS REGARDING THE AGGREGATE BEHAVIOR OF BRAZILIAN LITIGATION. THE THEORY INDICATES THAT THERE MAY BE A DIRECT LINK BETWEEN THE REAL STOCK OF LEGAL CAPITAL WITHIN A LEGAL ORDER AND THE AGGREGATE BEHAVIOR OF LITIGANTS, SINCE A SUBOPTIMAL OFFER OF LEGAL CERTAINTY CREATES INCENTIVES TO LITIGATE. THIS INTERRELATIONSHIP IS SUPPOSED TO GENERATE A CYCLICAL LITIGATION, WHICH IS NOT OBSERVED IN BRAZIL.

Drafting New York Civil-Litigation Documents: Part Xxvi—Notices To Admit Continued, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

National Juries For National Cases: Preserving Citizen Participation In Large-Scale Litigation, Laura G. Dooley

Laura Dooley

Procedural evolution in complex litigation seems to have left the civil jury behind. Reliance on aggregating devices, such as multidistrict litigation and class actions, as well as settlement pressure created by “bellwether” cases, has resulted in cases of national scope being tried by local juries. Local juries thus have the potential to impose their values on the rest of the country. This trend motivates parties to forum-shop, and some commentators suggest eliminating jury trials in complex cases altogether. Yet the jury is at the heart of our uniquely American understanding of civil justice, and the Seventh Amendment mandates its use …

Erie’S Suppressed Premise, Michael S. Green

Michael S. Green

No abstract provided.

Drafting New York Civil-Litigation Documents: Part Xxv—Notices To Admit, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Twombly Is The Logical Extension Of The Mathews V. Eldridge Test To Discovery, Andrew Blair-Stanek

Andrew Blair-Stanek

The Supreme Court’s 2007 decision in Bell Atlantic Corp. v. Twombly has baffled and mystified both practitioners and scholars, casting aside the well-settled rule for evaluating motions to dismiss in favor of an amorphous “plausibility” standard. This Article argues that Twombly was not revolutionary but simply part of the Court’s ever-expanding application of the familiar three-factor Mathews v. Eldridge test. Misused discovery can deprive litigants of property and liberty interests, and in some cases Mathews requires the safeguard of dismissing the complaint. This Article’s insight explains Twombly’s origins and structure, while also suggesting a source for lower courts to draw …

El Tribunal Constitucional En El Abritraje. De La Intromisión A La Seguridad Jurídica Y…¿Hasta Que El Tribunal Se Contradiga?, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.

Drafting New York Civil-Litigation Documents: Part Xxiv—Summary-Judgment Motions Continued, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew Popper

Andrew Popper

The focus of this article is on the difficulty of securing in personam jurisdiction over foreign entities who steal information technology and intellectual property (IT and IP). The value of stolen IT and IP is somewhere in the range of a trillion dollars over the last decade. Given the current inability to prevent those losses or deter meaningfully those engaged in the misconduct, the article explores the core of the problem: the difficulty of satisfying the minimum contact/fairness requirements of Article III courts. The article addresses several alternative approaches that might allow for more efficient protection of IT and IP. …

Taking The Bar Early: Making Law Students ‘Practice Ready’, Jason Forcier

Jason Forcier

The beginning of 2013 brings with it a number of rule changes by the Supreme Court of Arizona. Notable is the change to Rule 34, Application for Admission. The rule change is the result of an initiative from the deans of each of the three law schools: Phoenix School of Law, University of Arizona, and Arizona State University. The experimental change, set to expire at the end of 2015, allows law students to take the February bar exam during their final semester, so long as students meet certain qualifications and are within 120 days of graduation. This change effectively allows …