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Articles 1 - 14 of 14
Full-Text Articles in Law
The Trial Preparation Procedures–Criminal, William Rhee, L. Richard Walker
The Trial Preparation Procedures–Criminal, William Rhee, L. Richard Walker
Law Faculty Scholarship
In an effort to provide scholarship immediately useful to the criminal trial advocate, this article proposes a detailed systems workflow to plan and coordinate preparing for federal criminal trials called the Trial Preparation Procedures–Criminal (or "TrialPrepPro–Criminal" for short). The TrialPrepPro–Criminal upon the Trial Preparation Procedures-Civil, expounded in an earlier article.
Although there is an abundance of anecdotal "learning from doing" trial preparation guidance, empirically testable "learning about doing" trial preparation guidance is rare. We present our TrialPrepPro to learn more about doing.
The TrialPrepPro are modeled after the battle-proven military decision-making process used, with modifications, by all U.S. military services, …
Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgements, Tanya Monestier
Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgements, Tanya Monestier
Law Faculty Scholarship
It is black-letter law that in order to recognize and enforce a foreign judgment, the rendering court must have had personal jurisdiction over the defendant. While the principle is clear, it is an open question as to whose law governs the question of personal jurisdiction: that of the rendering court or that of the recognizing court. In other words, is the foreign court's jurisdiction over the defendant governed by foreign law (the law of F1), domestic law (the law of F2), or some combination thereof? While courts have taken a number of different approaches, it seems that many courts regard …
Juries, Judges, And The Politics Of Tort Reform, David Logan
Juries, Judges, And The Politics Of Tort Reform, David Logan
Law Faculty Scholarship
No abstract provided.
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Law Faculty Scholarship
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …
Where Is Home Depot "At Home"?: Daimler V. Bauman And The End Of Doing Business Jurisdiction, Tanya Monestier
Where Is Home Depot "At Home"?: Daimler V. Bauman And The End Of Doing Business Jurisdiction, Tanya Monestier
Law Faculty Scholarship
No abstract provided.
On Monday's Argument In Al-Bahlul, Peter Margulies
On Monday's Argument In Al-Bahlul, Peter Margulies
Law Faculty Scholarship
No abstract provided.
(Still) A "Real And Substantial" Mess: The Law Of Jurisdiction In Canada, Tanya Monestier
(Still) A "Real And Substantial" Mess: The Law Of Jurisdiction In Canada, Tanya Monestier
Law Faculty Scholarship
No abstract provided.
What Is Specific About Specific Restitution, Colleen P. Murphy
What Is Specific About Specific Restitution, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Introduction: Genuine Tort Reform, Carl Bogus
Introduction: Genuine Tort Reform, Carl Bogus
Law Faculty Scholarship
No abstract provided.
Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy
Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Fear-Mongering Torts And The Exaggerated Death Of Diving, Carl Bogus
Fear-Mongering Torts And The Exaggerated Death Of Diving, Carl Bogus
Law Faculty Scholarship
No abstract provided.
Misclassifying Monetary Restitution, Colleen P. Murphy
Misclassifying Monetary Restitution, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy
Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Law And Fact In Patent Litigation: Form Versus Function, Thomas G. Field Jr
Law And Fact In Patent Litigation: Form Versus Function, Thomas G. Field Jr
Law Faculty Scholarship
Recently, the Supreme Court sent Dennison Mfg. v. Panduit Corp. back to the Court of Appeals for the Federal Circuit (CAFC). It remanded with explicit directions that the lower court consider the extent to which Rule 52(a) governs appellate review of determinations of obviousness.
It is by no means certain that obviousness determinations should be treated as questions of law. Nevertheless, there is ample evidence that courts seek to review findings of obviousness (or nonobviousness) more intensely than would be appropriate under the "clearly erroneous" or "substantial evidence" standards. If the courts are inclined to persist in more intense review …