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Articles 121 - 146 of 146
Full-Text Articles in Law
Studying Labor Law And Human Resources In Rhode Island, Stewart J. Schwab
Studying Labor Law And Human Resources In Rhode Island, Stewart J. Schwab
Stewart J Schwab
Our task today is to celebrate, inaugurate, and educate. Lawyers demanded the education part of the talk because they love double counting whenever possible. The lawyers in our audience get Continuing Legal Education credits for attending. That's just one illustration of how to think like a lawyer--kill as many birds with as few stones as possible. Lawyers are often accused of talking in an arcane language that no one else can understand. Labor-relations people are sometimes thought to be either pie-in-the-sky optimists or Marxist-inspired anarchists. Human-relations professionals are sometimes said to be hypocrites giving a fake smile to employees while …
Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel
Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel
W. Bradley Wendel
Litigation investment, which is also known as “litigation finance” or “third party litigation finance,” has grown in importance in many common law and civilian legal systems and has come to the United States as well. While many questions remain about both legality and social desirability of litigation finance, this paper starts with the assumption that the practice will become widespread in the US and explores the obligations of the parties to the litigation finance contract. The first part of the article uses an example to illustrate the risks imposed by one of the other party on the other which should …
Jones, Lackey, And Teague, Richard Broughton
Jones, Lackey, And Teague, Richard Broughton
Richard Broughton
In a recent, high-profile ruling, a federal court finally recognized that a substantial delay in executing a death row inmate violated the Eighth Amendment’s ban on cruel and unusual punishments. Courts have repeatedly rejected these so-called “Lackey claims,” making the federal court’s decision in Jones v. Chappell all the more important. And yet it was deeply flawed. This paper focuses on one of the major flaws in the Jones decision that largely escaped attention: the application of the non-retroactivity rule from Teague v. Lane. By comprehensively addressing the merits of the Teague bar as applied to Lackey claims, and making …
Predictions For 2015: Npe Patent Litigation, Jodi Benassi
Predictions For 2015: Npe Patent Litigation, Jodi Benassi
Jodi Benassi
No abstract provided.
Minding The Specter Of Csr-Reporting Liability, David L. Wallace, Stephane Brabant
Minding The Specter Of Csr-Reporting Liability, David L. Wallace, Stephane Brabant
David L Wallace
With CSR programs the new normal, consumers and investors increasingly factoring CSR performance into their decision-making, and companies eager to display "good corporate citizenship," strict CSR due diligence is required to proactively manage legal risks. More than ever, words must match deeds.
Class Action Tolling Issues, Tanya Pierce
A Guide To New York State Commercial Landlord-Tenant Law And Procedure—Part I, Gerald Lebovits
A Guide To New York State Commercial Landlord-Tenant Law And Procedure—Part I, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Drafting New York Civil-Litigation Documents: Part Xxxix—Motions To Vacate A Default Judgment Continued, Gerald Lebovits
Drafting New York Civil-Litigation Documents: Part Xxxix—Motions To Vacate A Default Judgment Continued, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Everything Is Presumed In Texas, Benjamin Walther
Everything Is Presumed In Texas, Benjamin Walther
Benjamin Walther
As this Article will reveal, the Fifth Circuit has traditionally been loath to apply the presumption against preemption in most cases. Texas courts, on the other hand, have consistently employed a particularly strong application of the presumption to all types of preemption cases. This inconsistency between these two jurisdictions creates an incentive for forum shopping. Generally, the courts rely on a defendant’s ability to remove a case to the federal courts to counteract the plaintiff’s exclusive power to decide the forum. This ability, however, is not available to a defendant within the context of preemption cases. As such, there is …
A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner
A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner
James R Maxeiner
Conventional wisdom holds that the United States is a common law country of precedents where, until the 20th century (the “Age of Statutes”), statutes had little role. Digitization by Google and others of previously hard to find legal works of the 19th century challenges this common law myth. At the Centennial in 1876 Americans celebrated that “The great fact in the progress of American jurisprudence … is its tendency towards organic statute law and towards the systematizing of law; in other words, towards written constitutions and codification.” This article tests the claim of the Centennial Writers of 1876 and finds …
Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, Todd E. Pettys
Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, Todd E. Pettys
Todd E. Pettys
In a recent, widely publicized study, a prestigious team of political scientists concluded that there is strong evidence of ideological in-group bias among the Supreme Court’s members in First Amendment free-expression cases, with the current four most conservative justices being the Roberts Court’s worst offenders. Beneath the surface of the authors’ conclusions, however, one finds a surprisingly sizable combination of coding errors, superficial case readings, and questionable judgments about litigants’ ideological affiliations. Many of those problems likely flow either from shortcomings that reportedly afflict the Supreme Court Database (the data set that nearly always provides the starting point for empirical …
Complexity In Litigation: A Differential Diagnosis, Curtis E.A. Karnow
Complexity In Litigation: A Differential Diagnosis, Curtis E.A. Karnow
Curtis E.A. Karnow
This note examines complex litigation with the goal of providing practical options for its management. It is written from a judge’s perspective. I review the definition of a “complex” case and explain its emphasis on the need for a judge to manage the case, with a focus on enabling settlement. I address a series of specific characteristics or aspects of complex cases, explaining how these affect the progress of the case. Then the note explores the many tools and techniques judges have to manage and ameliorate difficult aspects of complex cases. {Pre-print. Final article as published differs substantially and is …
Preparing For Your Rule 26(F) Conference When Esi Is Involved - And Isn't Esi Always Involved?, Amii N. Castle
Preparing For Your Rule 26(F) Conference When Esi Is Involved - And Isn't Esi Always Involved?, Amii N. Castle
Amii n Castle
In most civil cases filed today, discovery is likely to include electronically stored information (“ESI”). This article details the steps counsel must take when a lawsuit filed, and the article gives particularized instruction on ESI at each juncture. The article discusses the following steps: At Step One, the judge issues an initial scheduling order, which puts into motion several deadlines: the Rule 26(f) conference, the date to submit the parties’ planning report, and the Rule 16 Conference. Step Two directs attorneys to talk to their own clients about ESI that is relevant to the case. Questions are suggested, such as: …
The Curious, Perjurious Requirements Of Illinois Supreme Court Rule 12(B)(3)., Wm. Dennis Huber
The Curious, Perjurious Requirements Of Illinois Supreme Court Rule 12(B)(3)., Wm. Dennis Huber
Wm. Dennis Huber
A 2010 survey of Illinois Civil Procedure discussed recent amendments to the Illinois Supreme Court Rules that apply to civil practice issues.1 The survey began with Notices of Appeal and a substantial part of the survey of Notices of Appeal was devoted to Secura Insurance Co. v. Illinois Farmers Insurance Co.2 The purpose of this Article is to examine in greater depth the requirements of filing notices of appeal under Illinois Supreme Court Rule 12(b)(3) and the corresponding proof of service of Rule 373.
Illinois Supreme Court Rule 12(b)(3) has what can only be called “curious, perjurious requirements.” They are …
Art-Iculating The Analysis: Systemizing The Decision To Use Visuals As Legal Reasoning, Ruth Anne Robbins, Steve Johansen
Art-Iculating The Analysis: Systemizing The Decision To Use Visuals As Legal Reasoning, Ruth Anne Robbins, Steve Johansen
Ruth Anne Robbins
This Article first assumes that visuals belong and are ethically permitted in legal documents -- something explored by other authors -- and then begins to answer the questions of effective inclusion. The article explores the specific use of analytical visuals, which are those that do not attempt to prove what happened in a legal dispute, but instead help explain how the dispute should be resolved under the legal standards. Thus, the included analytical visual, when used effectively, creates a stronger understanding of the abstract legal analysis. The article suggests a taxonomy for categories of analytical visuals. It also acknowledges that …
Anexo: El Desempeño Como Litigante De La Fne Una Mirada Cuantitativa, Diego G. Pardow
Anexo: El Desempeño Como Litigante De La Fne Una Mirada Cuantitativa, Diego G. Pardow
Diego G. Pardow
Technical annex to "El Desempeño como Litigante de la FNE Una Mirada Cuantitativa"
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Ryan G. Vacca
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 …
Suppose The Class Began The Day The Case Walked In The Door . . ., Jennifer Spreng
Suppose The Class Began The Day The Case Walked In The Door . . ., Jennifer Spreng
Jennifer E Spreng
Problem-solving is the manifestation of a lawyer’s expertise. Unfortunately, the first year of law school is too highly compartmentalized and often semi-rote-learning experience that does not disturb what are many students’ passive undergraduate school learning strategies. Once taught the same way in law school, students are unlikely to develop the more intellectually sophisticated, relational learning strategies to make the cross-topical and cross-disciplinary connections of which problem-solving expertise is made.
This article argues that horizontally and vertically integrated first-year courses with spiral designs that prioritize honing students’ analytical and problem-solving capacities can break this cycle and prepare students with more self-directed …
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Zachary Clopton
Cognitive Fallacies Reading List, Curtis E.A. Karnow
Cognitive Fallacies Reading List, Curtis E.A. Karnow
Curtis E.A. Karnow
Reading list of books, articles, reports, and other material relating to cognitive fallacies, i.e., errors in reasoning which affect us all, including lawyers and judges. These errors in turn affect lawyers’ competence and judges’ ability to provide fair, impartial and well-reasoned decisions.
Atlantic Marine And The Future Of Party Preference, Scott Dodson
Atlantic Marine And The Future Of Party Preference, Scott Dodson
Scott Dodson
In Atlantic Marine, the U.S. Supreme Court held that a prelitigation forum-selection agreement does not make an otherwise proper venue improper. Prominent civil procedure scholars have questioned the wisdom and accuracy of this holding. This paper is derived from my presentation at the symposium on Atlantic Marine held at UC Hastings College of the Law on September 19, 2014. In this paper, I defend Atlantic Marine as essentially correct based on what I have elsewhere called the principle of party subordinance. I go further, however, to argue that the principle underlying Atlantic Marine could affect the widespread private market for …
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
Donald J. Kochan
The Role Of The Profit Imperative In Risk Management, Christopher French
The Role Of The Profit Imperative In Risk Management, Christopher French
Christopher C. French
"Drafting New York Civil-Litigation Documents: Motion Practice Overview Continued" In Pathway To The Profession: From Law School To Lawyer, Gerald Lebovits
"Drafting New York Civil-Litigation Documents: Motion Practice Overview Continued" In Pathway To The Profession: From Law School To Lawyer, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
"Drafting New York Civil-Litigation Documents: Motion Practice Overview" In Pathway To The Profession: From Law School To Lawyer, Gerald Lebovits
"Drafting New York Civil-Litigation Documents: Motion Practice Overview" In Pathway To The Profession: From Law School To Lawyer, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
New York Residential Landlord-Tenant Law And Procedure—2014-2015 (7th Ed. 2015), Gerald Lebovits
New York Residential Landlord-Tenant Law And Procedure—2014-2015 (7th Ed. 2015), Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.