Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Suffolk University (22)
- Notre Dame Law School (16)
- Touro University Jacob D. Fuchsberg Law Center (10)
- University of Michigan Law School (10)
- Penn State Dickinson Law (7)
-
- Brooklyn Law School (6)
- Maurer School of Law: Indiana University (6)
- University of San Diego (5)
- Northwestern Pritzker School of Law (4)
- Vanderbilt University Law School (4)
- Loyola Marymount University and Loyola Law School (3)
- University of Arkansas, Fayetteville (3)
- Cornell University Law School (2)
- Fordham Law School (2)
- Pepperdine University (2)
- Seattle University School of Law (2)
- Texas A&M University School of Law (2)
- University of Kentucky (2)
- University of Montana (2)
- Washington and Lee University School of Law (2)
- American University Washington College of Law (1)
- Bowling Green State University (1)
- Chicago-Kent College of Law (1)
- DePaul University (1)
- Georgia State University College of Law (1)
- Mitchell Hamline School of Law (1)
- Osgoode Hall Law School of York University (1)
- Schulich School of Law, Dalhousie University (1)
- University at Buffalo School of Law (1)
- University of Maine School of Law (1)
- Keyword
-
- Constitutional law (9)
- Constitution (7)
- Court (7)
- New york (7)
- State (7)
-
- Supreme court (7)
- Federal (6)
- Criminal law (5)
- Due process (5)
- New york state constitution (5)
- United states constitution (5)
- City (4)
- Civil procedure (4)
- Criminal procedure (4)
- Double jeopardy (4)
- Evidence (4)
- Litigation (4)
- Civil rights (3)
- Consumers (3)
- Court of appeals (3)
- Discrimination (3)
- First Amendment (3)
- Fourteenth amendment (3)
- Inc. (3)
- Mistrial (3)
- Prejudice (3)
- United States Supreme Court (3)
- Appellate (2)
- Bad faith (2)
- Bankruptcy (2)
- Publication
-
- Suffolk Journal of Trial and Appellate Advocacy (22)
- Notre Dame Law Review (15)
- Touro Law Review (10)
- Dickinson Law Review (2017-Present) (7)
- Indiana Law Journal (4)
-
- Michigan Law Review (4)
- Vanderbilt Law Review (4)
- Arkansas Law Review (3)
- Brooklyn Journal of Corporate, Financial & Commercial Law (3)
- California Regulatory Law Reporter (3)
- Loyola of Los Angeles International and Comparative Law Review (3)
- Northwestern Journal of Law & Social Policy (3)
- Cornell Law Review (2)
- Fordham Law Review (2)
- Journal of Law and Policy (2)
- Kentucky Law Journal (2)
- Public Land & Resources Law Review (2)
- San Diego Law Review (2)
- Seattle University Law Review (2)
- Texas A&M Law Review (2)
- University of Michigan Journal of Law Reform (2)
- Washington and Lee Law Review (2)
- American University Law Review (1)
- Brooklyn Journal of International Law (1)
- Buffalo Law Review (1)
- Chicago-Kent Law Review (1)
- Cybaris® (1)
- Dalhousie Journal of Legal Studies (1)
- DePaul Journal of Art, Technology & Intellectual Property Law (1)
- Georgia State University Law Review (1)
Articles 1 - 30 of 123
Full-Text Articles in Law
“Fair Enough”? Revising The Yellowstone Injunction To Fit New York’S Commercial Leasing Landscape And Promote Judicial Economy, Gabriel W. Block
“Fair Enough”? Revising The Yellowstone Injunction To Fit New York’S Commercial Leasing Landscape And Promote Judicial Economy, Gabriel W. Block
Brooklyn Journal of Corporate, Financial & Commercial Law
The Yellowstone injunction is an equitable remedy that tolls any applicable cure period and gives tenants a better opportunity to maintain their leasehold when they have defaulted under their lease. The remedy is available to commercial tenants in New York City and to commercial and residential tenants throughout the State. This Note examines the Yellowstone injunction in the context of New York City’s commercial tenants, who employ it most frequently and benefit most from its protections. This Note examines the development and application of the Yellowstone injunction and proposes changing the doctrine to exclude cases of monetary defaults and expired …
Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts
Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts
Brooklyn Journal of Corporate, Financial & Commercial Law
Federal courts have had trouble fitting maritime law into the bankruptcy scheme created by the Bankruptcy Code (the Code). Particularly troublesome have been vessel-arrest proceedings that are underway when the vessel’s owner files for bankruptcy. Prior to the enactment of the Code, courts applied the doctrine of custodia legis to decide whether the admiralty or the bankruptcy court would administer the vessel. Since the Code was enacted, courts have generally held that the bankruptcy court gained control. A recent Ninth Circuit decision, however, split with other circuits and seems to have revived custodia legis. This Note argues that the Ninth …
How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding
Brooklyn Journal of International Law
This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes show significant selection bias of medical opinions, as do courts when selecting court-appointed experts; second, expert opinions in medical negligence litigation demonstrate substantial adversarial bias; third, courts display very strong judicial deference to expert opinions in determining medical negligence liability. This article fills the methodological gap …
Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman
Increasing Lapses In Data Security: The Need For A Common Answer To What Constitutes Standing In A Data Breach Context, Aaron Benjamin Edelman
Journal of Law and Policy
As the number of data breaches continues to rise in the United States, so does the amount of data breach litigation. Many potential plaintiffs who suffered as victims of data breaches, however, find themselves in limbo regarding the issue of standing before a court because of a significant split on standing determinations amongst the federal circuit courts. Thus, while victims of data breaches oftentimes have their personal information fall into the hands of nefarious characters who intend to use the information to a victim’s detriment, that may not be enough to provide victims a right to sue in federal court …
Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Protecting Health Information In Utero: A Radical Proposal, Luke Isaac Haqq
Journal of Law and Policy
This Article introduces an underappreciated space in which protected health information (“PHI”) remains largely unprotected, a fact that will become only more problematic as clinical medicine increasingly turns to genomics. The past decade has seen significant advances in the prevention of birth defects, especially with the introduction of clinical preconception, prenatal, and neonatal genomic sequencing. Parental access to the results of embryonic and fetal clinical sequencing is critical to reproductive autonomy; results can provide parents with important considerations in determining whether to seek or avoid conception, as well as in deciding whether to carry a pregnancy to term. The information …
Prior Art In The District Court, Stephen Yelderman
Prior Art In The District Court, Stephen Yelderman
Notre Dame Law Review
This Article is an empirical study of the evidence district courts rely upon when invalidating patents. To construct our dataset, we collected every district court ruling, verdict form, and opinion (whether reported or unreported) invalidating a patent claim over a six-and-a-half-year period. We then coded individual invalidity rulings based on the prior art supporting the court’s decision, observing 3320 invalidation events relying on 817 distinct prior art references.
The nature of the prior art relied upon to invalidate patents is relevant to two distinct sets of policy questions. First, this data sheds light on the value of district court litigation …
Extending United States V. Mendoza: Why Defensive Nonmutual Issue Preclusion Is Unavailable Against The Federal Government, Jake E. Goodman
Extending United States V. Mendoza: Why Defensive Nonmutual Issue Preclusion Is Unavailable Against The Federal Government, Jake E. Goodman
Cornell Law Review
Imagine a situation where the U.S. Securities and Exchange Commission (SEC) is Looking to enforce the antifraud provision of the Securities Exchange Act of 1934 against two different companies, arising out of the same transaction. Now suppose the SEC sues Company A ftrst. However, the court finds no violation based on the factual determinations of the transaction and renders a judgment refusing to impose liability against Company A. Unsatisfied, the SEC decides to sue Company B under the same provision. Company B, however, believes the factual issues were already litigated and determined against Company A and wants to preclude relitigation …
Lead Plaintiff Incentives In Aggregate Litigation, Charles R. Korsmo, Minor Myers
Lead Plaintiff Incentives In Aggregate Litigation, Charles R. Korsmo, Minor Myers
Vanderbilt Law Review
The lead plaintiff role holds out considerable promise in promoting the deterrence and compensation goals of aggregate litigation. The prevailing approach to compensating lead plaintiffs, however, provides no real incentive for a lead plaintiff to bring claims on behalf of a broader group. The policy challenge is to induce sophisticated parties to press claims not in their individual capacity but instead in a representative capacity, conferring a positive externality on all class members by identifying attractive claims, financing ongoing litigation, and managing the work of attorneys. We outline what an active and engaged lead plaintiff could add to the civil …
American Legion V. American Humanist Association, Seth T. Bonilla
American Legion V. American Humanist Association, Seth T. Bonilla
Public Land & Resources Law Review
The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.
Back To The Future: The Revival Of Pennoyer In Personal Jurisdiction Doctrine And The Demise Of International Shoe, Robert M. Bloom, Janine A. Hanrahan
Back To The Future: The Revival Of Pennoyer In Personal Jurisdiction Doctrine And The Demise Of International Shoe, Robert M. Bloom, Janine A. Hanrahan
San Diego Law Review
This Article argues that the Court’s recent decisions have effectively revived Pennoyer’s focus on physical presence and status, at the expense of the fairness and contact considerations set forth in International Shoe, as the bases for asserting personal jurisdiction. Part II details the jurisdictional analysis under both Pennoyer and International Shoe. Part III discusses the evolution of personal jurisdiction doctrine under International Shoe. Part IV demonstrates that the Court’s recent decisions have revitalized Pennoyer’s territorially based regime, and consequently diminished the thrust of International Shoe.
The Defamation Injunction Meets The Prior Restraint Doctrine, Doug Rendleman
The Defamation Injunction Meets The Prior Restraint Doctrine, Doug Rendleman
San Diego Law Review
This article maintains that, under defined circumstances, a judge should be able to grant an injunction that forbids the defendant’s proved defamation. It analyzes the common law of defamation, the constitutional prior restraint doctrine, the constitutional protection for defamation that stems from New York Times v. Sullivan, and injunctions and their enforcement.
In Near v. Minnesota, the Supreme Court expanded protection for expression by adding an injunction to executive licensing as a prior restraint. Although the Near court circumscribed the injunction as a prior restraint, it approved criminal sanctions and damages judgment for defamation. An injunction that forbids the defendant’s …
Dazed And Confused: Copyright Limitation, Elizabeth Sawyer
Dazed And Confused: Copyright Limitation, Elizabeth Sawyer
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Internet (Re)Search By Judges, Jurors, And Lawyers, H. Albert Liou, Jasper L. Tran
Internet (Re)Search By Judges, Jurors, And Lawyers, H. Albert Liou, Jasper L. Tran
IP Theory
How can Internet research be used properly and reliably in law? This paper analyzes several key and very different issues affecting judges, jurors, and lawyers. With respect to judges, this paper discusses the rules of judicial conduct and how they guide the appropriate use of the Internet for research; the standards for judicial notice; and whether judges can consider a third category of non-adversarially presented, non-judicially noticed factual evidence. With respect to jurors, this paper discusses causes of and deterrents to jurors conducting Internet research during trials; and the recourse available to parties who are adversely impacted by such behavior. …
Bankruptcy’S Class Act: Class Proofs Of Claim In Chapter 11, Tori Remington
Bankruptcy’S Class Act: Class Proofs Of Claim In Chapter 11, Tori Remington
Dickinson Law Review (2017-Present)
When a business files for protection under Chapter 11 bankruptcy, it must begin to pay off its debt by reorganizing or liquidating its assets. Oftentimes, both processes include terminating employees to reduce the business’s expenditures. As a result of these terminations, former employees might file a “class proof of claim” against the business to preserve any claims of unpaid wages or violations of federal law.
Whether a group may file a class proof of claim against a debtor in bankruptcy remains unclear. The Tenth Circuit has rejected the class proof of claim in bankruptcy. The remaining circuit courts that have …
Death Be Not Strange. The Montreal Convention’S Mislabeling Of Human Remains As Cargo And Its Near Unbreakable Liability Limits, Christopher Ogolla
Death Be Not Strange. The Montreal Convention’S Mislabeling Of Human Remains As Cargo And Its Near Unbreakable Liability Limits, Christopher Ogolla
Dickinson Law Review (2017-Present)
This article discusses Article 22 of the Convention for the Unification of Certain Rules for International Carriage by Air (“The Montreal Convention”) and its impact on the transportation of human remains. The Convention limits carrier liability to a sum of 19 Special Drawing Rights (SDRs) per kilogram in the case of destruction, loss, damage or delay of part of the cargo or of any object contained therein. Transportation of human remains falls under Article 22 which forecloses any recovery for pain and suffering unaccompanied by physical injury. This Article finds fault with this liability limit. The Article notes that if …
The Future Of Dairy Cooperatives In The Modern Marketplace: Redeveloping The Capper-Volstead Act, Sarah K. Phillips
The Future Of Dairy Cooperatives In The Modern Marketplace: Redeveloping The Capper-Volstead Act, Sarah K. Phillips
Dickinson Law Review (2017-Present)
Agriculture plays a fundamental role in the U.S. economy as a multibillion-dollar industry that feeds people all over the world. However, over the past decade, the dairy industry in particular has changed from a reliable sector of the greater agricultural industry into an unsettled, politically-charged, and fractured group. Dairy farmers’ consistently receiving low milk prices has facilitated this divide. Tired of being ignored and underpaid, dairy farmers are demanding change in the current dairy market structure.
Federal Milk Marketing Orders and a variety of statutes regulate the dairy industry, but the 1922 Capper-Volstead Act remains the most notable piece of …
Expanding Third-Party Standing In Custody Actions: How The Opioid Crisis Has Impacted Lgbtq Parental Rights In Pennsylvania, Jill C. Gorman
Expanding Third-Party Standing In Custody Actions: How The Opioid Crisis Has Impacted Lgbtq Parental Rights In Pennsylvania, Jill C. Gorman
Dickinson Law Review (2017-Present)
Declared a public health emergency by the federal government, the opioid crisis often places children in foster care when parents fatally succumb to their addictions. To unburden the foster care system and to accommodate family members who want to care for these children, Pennsylvania enacted Act No. 21 on July 3, 2018, to expand custody standing to include certain third parties. However, because the legislature has not expanded the legal definition of “parent,” Act No. 21 poses a threat to the legal rights of nonbiological LGBTQ parents.
This Comment begins by explaining how the opioid crisis motivated the Pennsylvania legislature …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Internet Intermediary Liability In Defamation, Emily B. Laidlaw, Hilary Young
Internet Intermediary Liability In Defamation, Emily B. Laidlaw, Hilary Young
Osgoode Hall Law Journal
Given the broad meaning of publication in defamation law, internet intermediaries such as internet service providers, search engines, and social media companies may be liable for defamatory content posted by third parties. This article argues that current law is not suitable to dealing with issues of internet defamation and intermediary responsibility because it is needlessly complex, confusing, and may impose liability without blameworthiness. Instead, the article proposes that publication be redefined to require a deliberate act of communicating specific words. This would better reflect blameworthiness and few intermediaries would be liable in defamation under this test. That said, intermediaries profit …
Deceptively Simple: The Arkansas Deceptive Trade Practices Act, Margaret E. Rushing
Deceptively Simple: The Arkansas Deceptive Trade Practices Act, Margaret E. Rushing
Arkansas Law Review
In the 2017 legislative session, the Arkansas General Assembly significantly changed the Arkansas Deceptive Trade Practices Act (“ADTPA”). These changes now prohibit private class actions under the ADTPA and require plaintiffs to prove additional elements of reliance and actual financial loss when bringing a claim. The changes appear to limit the ability of a consumer to bring a private action under the ADPTA. With these changes, Arkansas joins a minority of jurisdictions with deceptive trade practices acts that increase a plaintiff’s burden and restrict private class actions.
Marijuana Issues For Voters: Studying Issues Us States Have Had With Legalizing Marijuana, Kody Kesler
Marijuana Issues For Voters: Studying Issues Us States Have Had With Legalizing Marijuana, Kody Kesler
WRIT: Journal of First-Year Writing
In the United States, the legalization of medical and recreational marijuana in individual states, rather than the whole nation, is a great example of states being “laboratories of democracy.” Legalizing marijuana in the states first is essential to deciding how to go about the issue on the national level, once Americans are ready for it. In most states where it is legal, employees can still be fired for having marijuana in their system, even if they have a medical recommendation. The drug tests that employers use don’t test for the recent use of drugs like marijuana, but for a part …
Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, J. D. Fellmeth
Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Due Process Supreme Court Rockland County
Due Process Supreme Court Appellate Division Third Department
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division
Due Process Pringle V. Wolfe (Decided 28, 1996)
Due Process Pringle V. Wolfe (Decided 28, 1996)
Touro Law Review
No abstract provided.
Due Process People V. Scott (Decided June 5, 1996)
Due Process People V. Scott (Decided June 5, 1996)
Touro Law Review
No abstract provided.