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Articles 1 - 14 of 14
Full-Text Articles in Law
Changing The Game: The Effects Of The 2012 Revision Of The Icc Arbitration Rules On The Icc Model Arbitration Clause For Trust Disputes, Colin Connor
Georgia Journal of International & Comparative Law
No abstract provided.
The Preliminary Injunction Standard In Diversity: A Typical Unguided Erie Choice, David E. Shipley
The Preliminary Injunction Standard In Diversity: A Typical Unguided Erie Choice, David E. Shipley
Scholarly Works
The standard for granting preliminary injunctions in some states is not the same as the preliminary injunction standard that is followed in the federal district courts in the federal circuit where the state is located. For example, the interlocutory injunction standard in Georgia’s superior courts is not as demanding as the preliminary injunction standard in Georgia’s federal courts. Although state and federal courts in Georgia consider four similar factors in deciding whether to grant or deny provisional injunctive relief, a balancing or sliding scale approach can be used in Georgia’s courts; the moving party need not prove all four of …
Hague Convention On The Law Applicable To Products Liability, Bryant Durham
Hague Convention On The Law Applicable To Products Liability, Bryant Durham
Georgia Journal of International & Comparative Law
No abstract provided.
Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable, Shelley Himel
Georgia Journal of International & Comparative Law
No abstract provided.
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
Georgia Journal of International & Comparative Law
No abstract provided.
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
Extrinsic Evidence In Patent Claim Interpretation: Understanding The Post-Markman Confusion, Karl Koster
Extrinsic Evidence In Patent Claim Interpretation: Understanding The Post-Markman Confusion, Karl Koster
Journal of Intellectual Property Law
No abstract provided.
Books Recieved, Georgia Journal Of International And Comparative Law
Books Recieved, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Further Comments On The Hague Convention On The Law Applicable To Products Liability, Willis L. M. Reese
Further Comments On The Hague Convention On The Law Applicable To Products Liability, Willis L. M. Reese
Georgia Journal of International & Comparative Law
No abstract provided.
Calibrating Participation: Reflections On Procedure Versus Procedural Justice, Elizabeth Chamblee Burch
Calibrating Participation: Reflections On Procedure Versus Procedural Justice, Elizabeth Chamblee Burch
Scholarly Works
When the same defendant harms many people in similar ways, a plaintiff’s ability to meaningfully participate in litigating her rights is curtailed dramatically. Now it is the rare plaintiff who sues a nationwide (or worldwide) corporation in her home jurisdiction and is able to litigate and resolve her claims there. Although several factors play a role in this phenomenon, including tort reform efforts like the Class Action Fairness Act, one of the most significant factors is Supreme Court jurisprudence over the last ten years in the areas of arbitration, personal jurisdiction, pleading, and class actions. Of course, recent cases aren’t …
Financing Issue Classes: Benefits And Barriers To Third-Party Funding, Elizabeth Chamblee Burch
Financing Issue Classes: Benefits And Barriers To Third-Party Funding, Elizabeth Chamblee Burch
Scholarly Works
This essay, written for NYU's symposium on Litigation Funding: The Basics and Beyond, explores the costs and benefits of using third-party financing to fund issue class actions.
Making Sense Of Legislative Standing, Matthew I. Hall
Making Sense Of Legislative Standing, Matthew I. Hall
Scholarly Works
Legislative standing doctrine is neglected and under-theorized. There has always been a wide range of opinions on the Supreme Court about the proper contours of legislative standing doctrine and even about whether the Court should adjudicate disputes between the other two branches at all. Perhaps owing to these disagreements, the full Court has never articulated a clear vision of the doctrine. While the Court has managed to resolve some cases, it has not achieved the consensus necessary to provide a comprehensive and coherent account of critical doctrinal issues such as what type of injury can give rise to legislative standing …
The Law And Economics Of Proportionality In Discovery, Jonah B. Gelbach, Bruce H. Kobayashi
The Law And Economics Of Proportionality In Discovery, Jonah B. Gelbach, Bruce H. Kobayashi
Georgia Law Review
This Article analyzes the proportionality standard in discovery. Many believe the renewed emphasis on this standard contained in the 2015 Amendments to the Federal Rules of Civil Procedure has the potential to infuse litigation practice with considerably more attention to questions related to the costs and benefits of discovery. We discuss the history and rationale of proportionality's inclusion in Rule 26, adopting an analytical framework that focuses on how costs and benefits can diverge in litigation generally, and discovery in particular. Finally, we use this framework to understand the mechanics and challenges involved in deploying the six factors included in …
The Preliminary Injunction Standard In Diversity: A Typical Unguided Erie Choice, David E. Shipley
The Preliminary Injunction Standard In Diversity: A Typical Unguided Erie Choice, David E. Shipley
Georgia Law Review
The standard for granting preliminary injunctions in some states is not the same as the preliminary injunction standard that is followed in the federal district courts in the federal circuit where the state is located. For example, the interlocutory injunction standard in Georgia's superior courts is not as demanding as the preliminary injunction standard in Georgia's federal courts. Although state and federal courts in Georgia consider four similar factors in deciding whether to grant or deny provisional injunctive relief, a balancing or sliding scale approach can be used in Georgia's courts; the moving party need not prove all four of …