Law Commons^™

Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

Doug Rendleman

No abstract provided.

Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel

Richard A Grisel

This paper argues that game theory provides powerful, effective new tools to analyze externalities that occur in the context of strategic, multi-party, interactive decision-making. I will attempt to treat this as a non-technical paper and avoid the complex mathematics better left to economists and mathematicians. Instead, a more achievable goal is to illustrate how high-seas open-access fishing is virtually identical to a game situation, treat the fundamentals of game theory, and demonstrate that game theoretic analyses are well-suited and fruitful for designing effective policy responses to fisheries management, particularly with respect to the straddling stocks problem. Indeed, one seminal fisheries …

Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

A recent decision from the Mexican Supreme Court, clarified the issued as to whether State Courts may issued injunctions against the opening of gas storage facilities related to the gas pipelines for the distribution of natural gas.

Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

Se analiza la más reciente jurisprudencia de la SCJN, referente a los interdictos en contra de construcción de ductos para la distribución de gas natural.

Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz

Martin A. Schwartz

Section 1983 is the major enforcer of individual federal constitutional rights. It authorizes individuals to enforce their constitutional rights against state and local officials; for example,prison officers and police officers, and against municipalities. It is the most important civil statute in American law. To its credit, the United States Supreme Court understands the significance of § 1983. For the past three decades, in virtually every single Term of theCourt, it has decided a substantial number of cases dealing with different facets of § 1983 litigation. Last Term, there was anunusual number of § 1983 decisions rendered by the United States …

Amicus Brief In Support Of Neither Party In Sebelius V. Auburn Reg. Med. Ctr., No. 11-1231, Scott Dodson

Scott Dodson

This amicus brief in support of neither party in the merits case of Sebelius v. Auburn Regional Medical Center, No. 11-1231, urges the Supreme Court to decide the question presented (whether 42 U.S.C. § 1395oo(a)(3) permits equitable tolling) without resort to jurisdictional labels.

Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai

Robert L Tsai

This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …

Foreword: The Way To Carnegie, Sharon L. Beckman, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

Speaker, “Litigating Religion”, Michael Helfand

Michael A Helfand

No abstract provided.

Cross-Border Aspects Of Litigating In Europe Civil Claims Arising Out Of The Cyprus Problem: Thoughts On The Orams Case (In Greek), Nikitas E. Hatzimihail

Nikitas E Hatzimihail

The European Court of Justice ruling in the Orams v. Apostolides case has served as a landmark in the legal history of the Cyprus problem. It is also of some importance to the evolution of European litigation and the free movement of civil judgments across the EU. This article gives a full story of the case, from its beginnings in the courts of Cyprus to its aftermath in the English Court of Appeals. Its principal argument is that the case should be seen through a triple lens: property rights of the displaced Greek Cypriots, private litigation of public claims and …

The Curious Case Of Transformative Dispute Resolution: An Unfortunate Marriage Of Intransigence, Exclusivity, And Hype, Robert J. Condlin

Robert J. Condlin

Why do proponents of Transformative Dispute Resolution (TDR) defend the Theory in such intransigent, exclusivist, and grandiose terms? TDR is a mature theory, and a relatively sophisticated one, and qualities of this sort usually go hand in hand with a balanced, refined, and well-modulated sense of self. But TDR proponents will have none of that. They make ambitious (some would say outlandish) assertions about the Theory’s capacity to develop moral and political character, reform deliberative government, and resolve ethno-political conflict, while simultaneously rejecting overtures from sympathetic outsiders to rein in the overstated aspects of these claims and craft a more …

Speaker, “Litigating Religion”, Michael Helfand

Michael A Helfand

No abstract provided.

The Fed’S New Model Of Supervision For “Large Complex Banking Organizations”: Coordinated Risk-Based Supervision Of Financial Multinationals For International Financial Stability, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

Large internationally active financial institutions, in particular multinational banks, have the capacity to create profound disturbances in the globalized financial markets in the event of failure. For that reason, these entities are supervised and examined in a manner that is completely different than the ordinary business corporation. This piece describes the new methodology that has been developed by the United States' central bank, the Board of Governors of the Federal Reserve System or "the Fed" for short, since 1995, for examining what the Fed calls "large complex banking organizations" or LBCOs and indicates how the system in fact carries out …

Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston

Maureen A Weston

Athletes in a professional sports league in the United States are members of players unions, which assist their athletes in obtaining representation when they are involved in dispute resolution proceedings associated with disciplinary actions. However, individual athletes who participate in international competitions do not enjoy the same benefits. When these athletes are required to submit to mandatory drug testing, with attendant potential criminal liability, and to mandatory arbitration, they should be provided meaningful access to competent legal representation when their athletic careers are in jeopardy. This article considers the legal framework, process, and recourse for athletes in international competition to …

Speaker, “Litigating Religion”, Michael Helfand

Michael A Helfand

No abstract provided.

'El Derecho A La Intimidad': Inferencias Normativas Sobre Un Clásico, Carlos Alberto Flores Hernández

Carlos Alberto Flores Hernández

En el presente ensayo, describo las partes medulares del texto 'The right to privacy [the implicit made explicit]'; lo anterior, como sustento de una proyección de los postulados de Warren y Brandeis desarrollados por ejecutorias y tesis aisladas de la SCJN así como de criterios generales del IFAI.

The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola

Abdullahi Saliu Ishola

This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or …

Speaker, “Litigating Religion”, Michael Helfand

Michael A Helfand

No abstract provided.

Litigation Of International Disputes In U.S. Courts By Ved P. Nanda And David K. Pansius, Spencer Weber Waller

Spencer Weber Waller

No abstract provided.

Speaker, “Litigating Religion”, Michael Helfand

Michael A Helfand

No abstract provided.

The Theology Of Civil Disobedience: The First Amendment, Freedom Riders, And Passage Of The Voting Rights Act, Jonathan C. Augustine

Jonathan C. Augustine

America's New Civil Rights Movement: Education Reform, Public Charter Schools And No Child Left Behind, Jonathan C. Augustine

Jonathan C. Augustine

In Brown v. Board of Education, the Supreme Court placed access to educational opportunities at the heart of the twentieth century Civil Rights Movement. Moreover, in Grutter v. Bollinger, a case decided almost 50-years after Brown, the Court affirmed this time-honored philosophical position. While the concept of education reform is not new, the socioeconomic realities of recent years beg the question of whether the Court’s philosophical position has been compromised by so-called failing public schools. Indeed, from an African-American perspective, education reform has become America’s new civil rights movement. As January 2012 marked the 10-year anniversary of the No Child …

The Verdict On Juries, Valerie P. Hans, Neil Vidmar

Valerie P. Hans

In reviewing debates and research evidence about jury trials for our book, American Juries: The Verdict (Prometheus Books, 2007), we have had the chance to reflect on the status of the jury system in the United States. High profile jury trials put the spotlight on the American practice of using its citizens as decision makers. When jury verdicts are at odds with public opinion, criticisms of the institution are common. The civil jury has been a lightning rod for those who want tort reform. This article draws together some of our reflections about the health of the jury system and …

Avoid Bald Men And People With Green Socks? Other Ways To Improve The Voir Dire Process In Jury Selection, Valerie P. Hans, Alayna Jehle

Valerie P. Hans

During jury selection, many courts adopt a minimal approach to voir dire questions, asking a small number of close-ended questions to groups of prospective jurors and requiring prospective jurors to volunteer their biases. This Article describes research evidence showing that limited voir dire questioning is often ineffective in detecting juror bias. To improve the effectiveness of voir dire, the authors make four recommendations: (1) increase the use of juror questionnaires; (2) incorporate some open-ended questions; (3) expand the types of questions that are asked; and (4) allow attorneys to participate in voir dire.

Expressly Authorizing Injunctions Under The Multidistrict Litigation Statute, Tanya Pierce

Tanya Pierce

No abstract provided.

Non-Retained Experts: Adding Credibility To Your Case, Tammy B. Georgelas, John S. Treu, Melinda K. Bowen

John S. Treu

Non-retained experts are valuable weapons for defending cases. Similar to retained experts, they can educate on scientific or other principles providing fact finders with the building blocks to draw inferences and conclusions.

Speaker, “Litigating Religion”, Michael Helfand

Michael A Helfand

No abstract provided.

Anti-Injunction Act And Injunctions Under The Multidistrict Litigation Statute, Tanya Pierce

Tanya Pierce

No abstract provided.

Invisible Federalism And The Electoral College, Derek Muller

Derek T. Muller

What role do States have when the Electoral College disappears? With the enactment of the National Popular Vote on the horizon and an imminent presidential election in which a nationwide popular vote determines the winner, States would continue to do what they have done for hundreds of years — administer elections. The Constitution empowers States to decide who votes for president, and States choose who qualifies to vote based on factors like age or felon status. This power of States, a kind of “invisible federalism,” is all but ignored in Electoral College reform efforts. In fact, the power of the …

Throw The Book At Them: Testing Mortgagor Remedies In Foreclosure Proceedings After U.S. Bank V. Ibanez, Claire Ward

Claire Alexis Ward

This article takes one state, Massachusetts, as its focus for a perspective on the residential mortgage foreclosure crisis. U.S. Bank v. Ibanez, in early 2011, signaled a changing tide which began to hold banks accountable for the shoddy practices they frequently used to foreclose. However, the promise of Ibanez was unfulfilled as successor cases failed to follow through with its vision. Mortgagor actions brought in the trial courts to prevent foreclosure have been unsuccessful with the elemental actions based in consumer protection, contract, and equity. However, this article proposes new and novel solutions to force banks to be held accountable …