Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (542)
- University of Michigan Law School (445)
- University of Colorado Law School (428)
- SelectedWorks (271)
- UIC John Marshall Law School (265)
-
- Cornell University Law School (197)
- Pepperdine University (195)
- Maurer School of Law: Indiana University (194)
- American University Washington College of Law (187)
- University of Pennsylvania Carey Law School (164)
- Brooklyn Law School (120)
- University of Georgia School of Law (98)
- Boston College Law School (89)
- Case Western Reserve University School of Law (87)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (80)
- Washington University in St. Louis (77)
- Seattle University School of Law (77)
- University of New Mexico (77)
- Brigham Young University Law School (75)
- Mercer University School of Law (73)
- Touro College Jacob D. Fuchsberg Law Center (72)
- BLR (72)
- University of Washington School of Law (71)
- Fordham Law School (69)
- Georgetown University Law Center (68)
- University of Arkansas at Little Rock William H. Bowen School of Law (67)
- New York Law School (66)
- The University of Akron (62)
- Notre Dame Law School (61)
- University of Richmond (61)
- Keyword
-
- Litigation (592)
- Practice and Procedure (221)
- Courts (163)
- Evidence (163)
- Class actions (138)
-
- Civil procedure (115)
- United States (114)
- Trials (111)
- Supreme Court (109)
- Discovery (100)
- Jurisdiction (99)
- Federal Rules of Civil Procedure (94)
- Judges (88)
- Juries (88)
- United States Supreme Court (87)
- Liability (85)
- Federal courts (84)
- Law and Society (81)
- Dispute resolution (79)
- California (79)
- Jurisprudence (78)
- Arbitration (77)
- Legislation (77)
- Torts (76)
- Professional Ethics (76)
- Corporations (76)
- Settlement (76)
- Colorado (75)
- Lawyers (73)
- Damages (72)
- Publication Year
- Publication
-
- Articles (264)
- UIC John Marshall Law Review (252)
- Faculty Scholarship (229)
- Cornell Law Faculty Publications (185)
- Michigan Law Review (171)
-
- Faculty Scholarship at Penn Law (161)
- Faculty Publications (157)
- Sustainable Development Law & Policy (134)
- Scholarly Works (120)
- Pepperdine Law Review (103)
- Indiana Law Journal (85)
- Publications (80)
- ExpressO (71)
- Mercer Law Review (70)
- Seattle University Law Review (69)
- Pepperdine Dispute Resolution Law Journal (67)
- University of Michigan Journal of Law Reform (66)
- Articles by Maurer Faculty (64)
- Georgetown Law Faculty Publications and Other Works (63)
- Washington University Law Review (61)
- Touro Law Review (57)
- Boston College Law School Faculty Papers (56)
- Washington Law Review (52)
- BYU Law Review (52)
- The Journal of Appellate Practice and Process (50)
- Vanderbilt Law Review (48)
- NYLS Law Review (46)
- Journal Articles (46)
- Gabriel Martinez Medrano (45)
- Akron Law Review (44)
- Publication Type
Articles 1 - 30 of 5717
Full-Text Articles in Law
Freedom Of Expression V. Social Responsibility On The Internet: Vivi Down Association V. Google, Raphael Cohen-Almagor, Natalina Stamile
Freedom Of Expression V. Social Responsibility On The Internet: Vivi Down Association V. Google, Raphael Cohen-Almagor, Natalina Stamile
Seattle Journal of Technology, Environmental & Innovation Law
The aim of the article is to reflect on Google’s social responsibility by analyzing a milestone court decision, Vivi Down Association v. Google, that took place in Italy, involving the posting of an offensive video clip on Google Video. It was a landmark decision because it refuted the assertion that the Internet knows no boundaries, that the Internet transcends national laws due to its international nature, and that Internet intermediaries, such as Google, are above the law. This case shows that when the legal authorities of a given country decide to assert their jurisdiction, Internet companies need to abide ...
Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley
Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley
Villanova Environmental Law Journal
No abstract provided.
Don't You Know That You're Toxic? Cercla Section 113(H) Challenges, Sovereign Immunity, And Perfluoroalkyl Substances In Pennsylvania Drinking Water In Giovanni V. Navy, Stephanie J. Oppenheim
Don't You Know That You're Toxic? Cercla Section 113(H) Challenges, Sovereign Immunity, And Perfluoroalkyl Substances In Pennsylvania Drinking Water In Giovanni V. Navy, Stephanie J. Oppenheim
Villanova Environmental Law Journal
No abstract provided.
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Villanova Environmental Law Journal
No abstract provided.
The Saddest Show On Earth: The Endangered Species Act As Applied To Captive, Endangered Mammals In People For The Ethical Treatment Of Animals Inc. V. Miami Seaquarium, Anne Ringelestein
The Saddest Show On Earth: The Endangered Species Act As Applied To Captive, Endangered Mammals In People For The Ethical Treatment Of Animals Inc. V. Miami Seaquarium, Anne Ringelestein
Villanova Environmental Law Journal
No abstract provided.
International Litigation, Andrew Marr Page, Jonathan I. Blackman, Carmine D. Boccuzzi, Erin Lawrence, Phillip B. Dye Jr., Matthew D. Slater, Howard S. Zelbo, Charles A. Patrizia, Joseph R. Profaizer, Igor V. Timofeyev
International Litigation, Andrew Marr Page, Jonathan I. Blackman, Carmine D. Boccuzzi, Erin Lawrence, Phillip B. Dye Jr., Matthew D. Slater, Howard S. Zelbo, Charles A. Patrizia, Joseph R. Profaizer, Igor V. Timofeyev
The Year in Review
No abstract provided.
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Honors Theses
The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has ...
Bipa: What Does It Stand For?, Paige Smith
Bipa: What Does It Stand For?, Paige Smith
Chicago-Kent Law Review
No abstract provided.
The Current State Of Punitive Damages In Environmental Litigation: An Examination Of North American Bmw V. Gore, Andrew L. Sparks
The Current State Of Punitive Damages In Environmental Litigation: An Examination Of North American Bmw V. Gore, Andrew L. Sparks
Journal of Natural Resources & Environmental Law
No abstract provided.
The Federal Rule Of Civil Procedure 37(E) And Achieving Uniformity Of Case Law On Sanctions For Esi Spoliation: Focusing On The “Intent To Deprive” Culpability Under Rule 37(E)(2), Jung Won Jun, Rockyoun Ihm
The Federal Rule Of Civil Procedure 37(E) And Achieving Uniformity Of Case Law On Sanctions For Esi Spoliation: Focusing On The “Intent To Deprive” Culpability Under Rule 37(E)(2), Jung Won Jun, Rockyoun Ihm
Catholic University Law Review
Federal Rule of Civil Procedure 37(e) was adopted in 2015 primarily to resolve the circuit split and promote uniformity of case law on ESI (electronically stored information) spoliation sanctions. This Article examines relevant case law under the new Rule 37(e) and finds that courts have treated similar spoliation conduct differently due to the lack of a clear standard for finding the spoliator's intent to deprive another party of the use of the destroyed ESI at issue. This inconsistency has been exacerbated by the courts’ inconsistent reliance on their inherent authority to sanction based on bad faith analyses ...
Farmer Cooperatives "Take Cover": The Capper-Volstead Exemption Is Under Siege, Donald M. Barnes, Jay L. Levine
Farmer Cooperatives "Take Cover": The Capper-Volstead Exemption Is Under Siege, Donald M. Barnes, Jay L. Levine
Arkansas Law Review
"When tillage begins, other arts follow. The farmers, therefore, are the founders of human civilization." There can be little dispute that food production is of vital interest to any nation’s security and economy. For this reason, the United States Congress, like many other legislatures around the world, has accorded special treatment to the agricultural industry, and particularly to farmers. One example of this special treatment is the Capper-Volstead Act, which provides farmers with immunity from antitrust liability for joint conduct undertaken by and through an “association” of producers.
Remote Court: Principles For Virtual Proceedings During The Covid-19 Pandemic And Beyond, Alicia L. Bannon, Douglas Keith
Remote Court: Principles For Virtual Proceedings During The Covid-19 Pandemic And Beyond, Alicia L. Bannon, Douglas Keith
Northwestern University Law Review
Across the country, courts at every level have relied on remote technology to adapt the justice system to a once-a-century global pandemic. This Essay describes and assesses this unprecedented journey into virtual justice, paying particular attention to eviction proceedings. While many judges have touted remote court as a revolutionary innovation, the reality is more complex. Remote court has brought substantial time savings and convenience to those who are able to access and use the required technology, but it has also posed hurdles to individuals on the other side of the digital divide, particularly self-represented litigants. The remote court experience has ...
Third-Party Standing And Abortion Providers: The Hidden Dangers Of June Medical Services, Elika Nassirinia
Third-Party Standing And Abortion Providers: The Hidden Dangers Of June Medical Services, Elika Nassirinia
Northwestern Journal of Law & Social Policy
Standing is a long held, judicially-created doctrine intended to establish the proper role of courts by identifying who may bring a case in federal court. While standing usually requires that a party asserts his or her own rights, the Supreme Court has created certain exceptions that allow litigants to bring suit on behalf of third parties when they suffer a concrete injury, they have a “close relation” to the third party, and there are obstacles to the third party's ability to protect his or her own interests. June Medical Services, heard by the Supreme Court on June 29, 2020 ...
Criminal Advisory Juries: A Sensible Compromise For Jury Sentencing Advocates, Kurt A. Holtzman
Criminal Advisory Juries: A Sensible Compromise For Jury Sentencing Advocates, Kurt A. Holtzman
Northwestern Journal of Law & Social Policy
Supreme Court Justice Neil Gorsuch recently noted that “juries in our constitutional order exercise supervisory authority over the judicial function by limiting the judge’s power to punish.” Yet in the majority of jurisdictions, contemporary judge-only sentencing practices neuter juries of their supervisory authority by divorcing punishment from guilt decisions. Moreover, without a chance to voice public disapproval at sentencing, juries are muted in their ability to express tailored, moral condemnation for distinct criminal acts. Although the modern aversion to jury sentencing is neither historically nor empirically justified, jury sentencing opponents are rightly cautious of abdicating sentencing power to laypeople ...
Preserving The Citizen Suit Provision: Citizens For A Better Environment V. The Steel Company, Rebecca L. Justice
Preserving The Citizen Suit Provision: Citizens For A Better Environment V. The Steel Company, Rebecca L. Justice
Journal of Natural Resources & Environmental Law
No abstract provided.
Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida, Jefferson D. Reynolds
Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida, Jefferson D. Reynolds
Journal of Natural Resources & Environmental Law
No abstract provided.
Confessions Of A Catholic Litigator, David A. Shaneyfelt
Confessions Of A Catholic Litigator, David A. Shaneyfelt
University of St. Thomas Law Journal
No abstract provided.
Confrontation's Multi-Analyst Problem, Paul F. Rothstein, Ronald J. Coleman
Confrontation's Multi-Analyst Problem, Paul F. Rothstein, Ronald J. Coleman
Georgetown Law Faculty Publications and Other Works
The Confrontation Clause in the Sixth Amendment affords the “accused” in “criminal prosecutions” the right “to be confronted with the witnesses against” them. A particular challenge for courts over at least the last decade-plus has been the degree to which the Confrontation Clause applies to forensic reports, such as those presenting the results of a DNA, toxicology, or other CSI-type analysis. Should use of forensic reports entitle criminal defendants to confront purportedly “objective” analysts from the lab producing the report? If so, which analyst or analysts? For forensic processes which require multiple analysts, should the prosecution be required to produce ...
The Exhibit, The Litigation Center Newsletter - Spring 2021, Golden Gate University School Of Law
The Exhibit, The Litigation Center Newsletter - Spring 2021, Golden Gate University School Of Law
Litigation Center at Golden Gate University School of Law
No abstract provided.
A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello
A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello
Honors Senior Capstone Projects
This study seeks to determine whether there are any differences in conviction rates or client satisfaction between public defenders and private attorneys in state or federal courts. Although researchers have spent time examining differences between attorney type and client satisfaction or conviction rates, little information exists on the assessment of attorney type in the federal system. The study will consist of a two-part survey with approximately twenty-seven closed-ended questions about client satisfaction, conviction, court, and attorney type. The target population will be any criminal defendant in federal or state court with an attorney. In this study, the sampling method will ...
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Life of the Law School (1993- )
No abstract provided.
The Rule Of Five Guys, Lisa Heinzerling
The Rule Of Five Guys, Lisa Heinzerling
Michigan Law Review
A Review of The Rule of Five: Making Climate History at the Supreme Court. by Richard J. Lazarus.
Implementing The 2015 Discovery Amendments To Achieve Proportionality (Third Edition), Bolch Judicial Institute
Implementing The 2015 Discovery Amendments To Achieve Proportionality (Third Edition), Bolch Judicial Institute
Bolch Judicial Institute Publications
This third edition of The Guidelines and Best Practices to Achieve Proportionality as developed following a proportionality conference in June 2019, at which practitioners and judges reviewed and discussed the results of several studies evaluating the 2015 amendments to the Rules of Civil Procedure. A small working group convened by the Bolch Judicial Institute at Duke Law School, led by Judge Paul Grimm and including practitioners David Kessler and Jennie Anderson, gathered these insights, revised the guidelines, issued them for public comment, and made further revisions in light of the comments. As with any group product of this nature, where ...
Brief Of Amici Curiae Scholars Of The Law Of Non-Profit Organizations In Support Of Respondent: Americans For Prosperity Foundation V. Matthew Rodriguez, Nos. 19-251 & 19-255, Ellen P. Aprill, Roger Colinvaux, Sean Delany, James Fishman, Brian D. Galle, Philip Hackney, Jill R. Horwitz, Cindy Lott, Ray D. Madoff, Jill S. Manny, Nancy A. Mclaughlin, Richard Schmalbeck
Brief Of Amici Curiae Scholars Of The Law Of Non-Profit Organizations In Support Of Respondent: Americans For Prosperity Foundation V. Matthew Rodriguez, Nos. 19-251 & 19-255, Ellen P. Aprill, Roger Colinvaux, Sean Delany, James Fishman, Brian D. Galle, Philip Hackney, Jill R. Horwitz, Cindy Lott, Ray D. Madoff, Jill S. Manny, Nancy A. Mclaughlin, Richard Schmalbeck
Amici Briefs
The twelve individuals filing this amicus brief are professors and scholars of the law of nonprofit organizations. No party in this case represents all three of charity’s key stakeholders: charities, states, and taxpayers who underwrite the charities’ funding. Amici are participating in this litigation in order to aid the Court in understanding how these three interests depend on one another. They also attempt to provide a clearer understanding of state supervision of charities and how that supervision related to federal tax law.
The Rcra Citizen Suit Provision And The Private Remedy Of Restitution After Kfc Western, Inc. V. Meghrig And Furrer V. Brown: Reasonable Minds May Differ, J. Thomas Blaine Lewis
The Rcra Citizen Suit Provision And The Private Remedy Of Restitution After Kfc Western, Inc. V. Meghrig And Furrer V. Brown: Reasonable Minds May Differ, J. Thomas Blaine Lewis
Journal of Natural Resources & Environmental Law
No abstract provided.
Preclusion Of Citizens' Suits Under The Clean Water Act, Elizabeth Mckinney
Preclusion Of Citizens' Suits Under The Clean Water Act, Elizabeth Mckinney
Journal of Natural Resources & Environmental Law
No abstract provided.
Sovereigns, Freemen, And Desperate Souls: Towards A Rigorous Understanding Of Pseudolitigation Tactics In United States Courts, Samuel Barrows
Sovereigns, Freemen, And Desperate Souls: Towards A Rigorous Understanding Of Pseudolitigation Tactics In United States Courts, Samuel Barrows
Boston College Law Review
In recent years, American courts have seen a significant increase in legal filings displaying unusual markings and arguing groundless legal theories. These so-called “pseudolegal” filings are the product of an organized network of amateur legal scholars and con artists who represent an ongoing threat to the justice system. They waste judicial time and resources and encourage abuse of Uniform Commercial Code financing statements for the purpose of harassing others. This Note argues that, in order to combat pseudolaw, courts should make more aggressive use of available gatekeeping tools to screen out these filings. To effectively accomplish this task, courts will ...
Force Majeure Implications Of Acid Rain Legislation: The Litigation Battle Of The 1990s, John R. Rhorer Jr., Penny R. Warren
Force Majeure Implications Of Acid Rain Legislation: The Litigation Battle Of The 1990s, John R. Rhorer Jr., Penny R. Warren
Journal of Natural Resources & Environmental Law
No abstract provided.
The Impact Of Sebben In Federal Black Lung Litigation, Elizabeth Hopkins
The Impact Of Sebben In Federal Black Lung Litigation, Elizabeth Hopkins
Journal of Natural Resources & Environmental Law
No abstract provided.
Diligence And Belated Appeals: Ark R. App P.-Civ. 4(B)(3) In Theory And Practice, Johnathan D. Horton
Diligence And Belated Appeals: Ark R. App P.-Civ. 4(B)(3) In Theory And Practice, Johnathan D. Horton
Arkansas Law Review
A series of Arkansas appellate decisions addresses a recurring issue—the entry of a final order without notice to one or more litigants. Appellate deadlines run from the date of entry of a final order, so the lack of notice typically results in the inability to perfect an appeal, as a party unaware of the entry of a final order is unlikely to timely perfect an appeal. This troublesome issue has arisen in Arkansas with sufficient frequency to merit a specific provision in the Arkansas Rules of Appellate Procedure—Civil.4 If a party can satisfy its requirements, Rule 4 ...