Law Commons^™

Claims For Damages For Violations Of State Constitutional Rights – Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

New Issues Arising Under Section 1983, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

Combining Forces: The Joint Defense Agreement In Civil Litigation, Stephen Messer

Stephen Messer

From day one of law school aspiring lawyers are taught that information shared in confidence between a lawyer and his client is confidential. Although all lawyers are well aware of this, surprisingly few know that conversations with a client and someone else's lawyer can also be privileged. This is what happens when a joint defense agreement is created; Joint defense agreements extend the attorney client privilege throughout the entire defense camp in cases where multiple defendants and their counsel have common interests in the litigation. This often overlooked, yet highly effective legal strategy may serve as a valuable tool for …

Tenants' Rights In Massachusetts, Alan Minuskin

Alan D. Minuskin

This was a presentation that I give three times a year to participants in a program operated by WATCH and a group from Brandeis University about tenants' legal rights in Massachusetts, as well as ethical guidelines governing the assistance they may provide to those they serve.

Foreign Official Immunity After Samantar, Chimene I. Keitner

Chimene I Keitner

The Politics Of Corporate Alien Tort Cases, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs

Olanike Sekinat Adelakun

The Rise Of U.S. Food Sustainability Litigation, Stephanie Tai

Stephanie Tai

This article provides one of the first critical looks at the interface between the values of the sustainable food movement and its rising use of litigation. In particular, it focuses on two growing areas of food sustainability litigation: challenges to CAFOs and challenges to the use of genetically modified organisms (GMOs) in the food system. These areas were chosen because they involve growing sectors of U.S. agriculture over which members of the sustainable food movement have raised significant concerns.

The article begins by describing the sustainable food movement, including how the movement fits in with factors that sociologists use to …

Grading The Graders And Reforming The Reform: An Analysis Of The State Of Public Education Ten Years After No Child Left Behind, Jonathan C. Augustine, Craig M. Freeman

Jonathan C. Augustine

The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes

Henry S. Noyes

With its decisions in Twombly and Iqbal, the Supreme Court established a new federal pleading standard: a complaint must state a plausible claim for relief. Many commentators have written about the meaning of plausibility. None has focused on the Court’s statement that “[d]etermining whether a complaint states a plausible claim for relief...will be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” In this article, I make and support several claims about the meaning and application of judicial experience. First, in order to understand and define the plausibility standard, one must understand …

While Effusive, "Conclusory" Is Still Quite Elusive: The Story Of A Word, Iqbal, And A Perplexing Lexical Inquiry Of Supreme Importance, Donald J. Kochan

Donald J. Kochan

The meaning of the word “conclusory” seems really, quite elusory. Conclusory is a widespread, common, and effusive word in the modern legal lexicon. Yet you would not necessarily know that by looking through many dictionaries. “Conclusory” has been a late comer to the pages of most dictionaries. Even today, not all dictionaries include the word “conclusory”, those that do have only recently adopted it, and the small number of available dictionary definitions seem to struggle to capture the word’s usage in the legal world. Yet the word “conclusory” has taken center stage in the procedural plays of civil litigation with …

Class Action In Mexico, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

In April 2011 the Mexican Parliament approved a legislative package that regulates class actions. The amended laws are six: (1) Federal Code of Civil Proceedings; (2) Federal Civil Code; (3) Federal Law of Economic Competence; (4) Federal Law of Consumer’s Protection; (4) Organic Law of the Federal Judicial Power; (5) General Law of Ecological Equilibrium and Environmental Protection; and (6) Law of Protection to the User of Financial Services. On August 30th 2011, the Federal Official Gazette published this amendment to the federal law.

Procedimiento De Acciones Colectivas. Comunicación A Consumidores, Derecho De Exclusión Voluntaria Y Cosa Juzgada., Gabriel Martinez Medrano

Gabriel Martinez Medrano

Comentario a la Resolución de la Cámara en lo Contencioso Administrativo y Tributario de la Ciiudad Autónoma de Buenos Aires, Sala II.