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Articles 1 - 30 of 166
Full-Text Articles in Law
The Reenactment And Inaction Doctrines In State Tax Litigation, Steve R. Johnson
The Reenactment And Inaction Doctrines In State Tax Litigation, Steve R. Johnson
Scholarly Publications
This installment of Interpretation Matters discusses two related canons of statutory interpretation and illustrates their use in state and local tax controversies. Assume that a state revenue agency or court construes a tax statute and that the construction is later challenged in another case. Between the two cases, the state legislature reenacts the provision without changing it or the legislature takes no action to amend the provision to overturn the construction in the first case. Some courts treat the reenactment without change, or even the inaction, as evidence that the legislature agreed with the construction in the first case, so …
Where Equity Meets Expertise: Re-Thinking Appellate Review In Complex Litigation, Michael J. Hays
Where Equity Meets Expertise: Re-Thinking Appellate Review In Complex Litigation, Michael J. Hays
University of Michigan Journal of Law Reform
The field of complex litigation continues to grow as both an academic study and a popular phenomenon. One cannot escape news accounts of major class action litigation, and lawyers continue to find new ways to push the outer bounds of civil litigation practices to accommodate large-scale disputes involving multiple claims or parties. Many question whether traditional procedures can or should apply to these cases. Drawing on this well-recognized procedural tension, this Article explores the relationship between trial and appellate courts in complex litigation and argues for a revised standard of appellate review for trial court decisions affecting the party structure …
Proposed Legislation: A (Second) Modest Proposal To Protect Virginia Consumers Against Defective Products, Peter Nash Swisher
Proposed Legislation: A (Second) Modest Proposal To Protect Virginia Consumers Against Defective Products, Peter Nash Swisher
University of Richmond Law Review
The purpose of this article is to suggest a viable, necessary, and eminently reasonable legislative alternative that the Virginia General Assembly should enact for legitimate and pressing public policy reasons in order to properly protect Virginia consumers from defective and unreasonably dangerous consumer products.Adopting this alternative would bring the Commonwealth of Virginia into the mainstream of twenty-first century American, and transnational, products liability law.
Construction Law, D. Stan Barnhill
Construction Law, D. Stan Barnhill
University of Richmond Law Review
No abstract provided.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Publicidad Desleal. Publicidad Comparativa. ¿Dónde Está El Límite?, Gabriel Martinez Medrano
Publicidad Desleal. Publicidad Comparativa. ¿Dónde Está El Límite?, Gabriel Martinez Medrano
Gabriel Martinez Medrano
No abstract provided.
Land Use, Water Conservation And Other Things To Think About, Dale Dekker
Land Use, Water Conservation And Other Things To Think About, Dale Dekker
Publications
No abstract provided.
Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons
Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons
Publications
No abstract provided.
Regulating Land Use - Protecting The Water, Joseph Quintana
Regulating Land Use - Protecting The Water, Joseph Quintana
Publications
No abstract provided.
Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.
Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.
Publications
No abstract provided.
Are We Making The Land/Water Connection?, Lora A. Lucero
Are We Making The Land/Water Connection?, Lora A. Lucero
Publications
No abstract provided.
Land & Water Planning In The Middle Valley, Sandy Fish
Land & Water Planning In The Middle Valley, Sandy Fish
Publications
No abstract provided.
Eyes Wide Shut: How Ignorance Of The Common Interest Doctrine Can Compromise Informed Consent, Katharine Traylor Schaffzin
Eyes Wide Shut: How Ignorance Of The Common Interest Doctrine Can Compromise Informed Consent, Katharine Traylor Schaffzin
University of Michigan Journal of Law Reform
This Article addresses the novel ethical problems presented by the common interest doctrine that implicate an attorney's duties of diligence, confidentiality, and loyalty to his or her client. These adverse effects of informal aggregation are not always fully considered before engaging a client in a common interest arrangement, but they should be. In Part II, this Article first explains the potential advantages that the common interest doctrine presents as an evidentiary tool, but then recognizes that exercise of the doctrine creates an undefined duty on the part of the attorney to the party with whom a client exchanges confidential information. …
Permanent Injunctions In Patent Cases, Dariush Keyhani
Permanent Injunctions In Patent Cases, Dariush Keyhani
Buffalo Intellectual Property Law Journal
No abstract provided.
Securities Class Actions As Pragmatic Ex Post Regulation, Elizabeth Chamblee Burch
Securities Class Actions As Pragmatic Ex Post Regulation, Elizabeth Chamblee Burch
Scholarly Works
Securities class actions are on the chopping block-again. Traditional commentators continue to view class actions with suspicion; they see class suits as nonmeritorious byproducts of self-interest and the attorneys who bring them as rent-seekers. Their conventional approach has popularized securities class actions' negative effects. High-profile commissions capitalizing on this rhetoric, such as the Committee on Capital Markets Regulation, have recently recommended eliminating or severely curtailing securities class actions. But this approach misses the point: in the ongoing push and pull of securities regulation, corporations are winning the battle.
Thus, understanding the full picture and texture of securities class actions necessitates …
The Walker Process Doctrine: Infringement Lawsuits As Antitrust Violations, Herbert J. Hovenkamp
The Walker Process Doctrine: Infringement Lawsuits As Antitrust Violations, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust law's Walker Process doctrine permits a patent infringement defendant to show that an improperly maintained infringement action constitutes unlawful monopolization or an unlawful attempt to monopolize. The infringement defendant must show both that the lawsuit is improper, which establishes the conduct portion of the violation and generally satisfies tort law requirements, and also that the structural prerequisites for the monopolization offense are present. The doctrine also applies to non-patent infringement actions and has been applied by the Supreme Court to copyright infringement actions. Walker Process itself somewhat loosely derives from the Supreme Court's Noerr-Pennington line of cases holding that …
Brief Of Amici Curiae Former Fda Commissioners Dr. Donald Kennedy And Dr. David A. Kessler In Support Of Respondent, Wyeth V. Levine, No. 06-1249 (U.S. Aug. 14, 2008), Kathryn A. Sabbeth, David C. Vladeck
Brief Of Amici Curiae Former Fda Commissioners Dr. Donald Kennedy And Dr. David A. Kessler In Support Of Respondent, Wyeth V. Levine, No. 06-1249 (U.S. Aug. 14, 2008), Kathryn A. Sabbeth, David C. Vladeck
U.S. Supreme Court Briefs
No abstract provided.
Regulation By Litigation, Andrew Morriss
Jackpot Justice And The American Tort System: Thinking Beyond Junk Science, Tom Baker, Herbert M. Kritzer, Neil Vidmar
Jackpot Justice And The American Tort System: Thinking Beyond Junk Science, Tom Baker, Herbert M. Kritzer, Neil Vidmar
All Faculty Scholarship
In 2007 the Pacific Research Institute released a report, Jackpot Justice: The True Cost of America's Tort System, that is widely available on the internet. The conclusion of the report is that America's tort system costs $865.37 billion annually, amounting to an "annual price tag, or 'tort tax' for a family of four in terms of costs and foregone benefits" of $9,827. As our report will demonstrate, the conclusions of Jackpot Justice are without scientific merit and present a very misleading picture of the American tort system and its costs.
Research on the tort system's efficiency, its fairness and …
Water For Energy Development In Southern New Mexico: A Case Study Of The Duke Energy Luna Energy Facility, Tim De Young
Water For Energy Development In Southern New Mexico: A Case Study Of The Duke Energy Luna Energy Facility, Tim De Young
Publications
No abstract provided.
Ethics, Professionalism And Politics, Ronald Kaiser
Ethics, Professionalism And Politics, Ronald Kaiser
Publications
No abstract provided.
Spokane River & Aquifer: An Uncompacte Watershed, Rachael Paschal Osborn
Spokane River & Aquifer: An Uncompacte Watershed, Rachael Paschal Osborn
Publications
No abstract provided.
The Model Interstate Water Compact, Utton Center, University Of New Mexico - School Of Law
The Model Interstate Water Compact, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Brackish Ground Water - An Untapped Resource For Energy Development?, John Shomaker
Brackish Ground Water - An Untapped Resource For Energy Development?, John Shomaker
Publications
No abstract provided.
Congressional Concerns Related To The Energy-Water Nexus, Erik Webb
Congressional Concerns Related To The Energy-Water Nexus, Erik Webb
Publications
No abstract provided.
Federal Water R&D: Current Landscape, Future Goals And Emerging Technologies, Gene Whitney
Federal Water R&D: Current Landscape, Future Goals And Emerging Technologies, Gene Whitney
Publications
No abstract provided.
Civil Resolution Of Ecclesiastical Disputes, Paul E. Salamanca
Civil Resolution Of Ecclesiastical Disputes, Paul E. Salamanca
Law Faculty Popular Media
In this article for Bench & Bar Magazine (the Kentucky Bar Association's magazine), Professor Paul E. Salamanca discusses three historically prominent approaches to solving legal problems in ecclesiastical disputes.
Appellate Practice And Procedure, Robert G. Boliek Jr.
Appellate Practice And Procedure, Robert G. Boliek Jr.
Mercer Law Review
If there is a single watchword for the Eleventh Circuit's decisions in 2007 in the arena of appellate practice and procedure, it is "jurisdiction." The requirement of a "final decision" received particular attention, as did the requirements for perfection of certain interlocutory appeals. The Eleventh Circuit also recognized an additional limitation on its jurisdiction over remand orders in removal cases. Accordingly, the first section of this Article will discuss cases that addressed questions of the Eleventh Circuit's appellate jurisdiction, followed by a section describing two notable cases that addressed the preservation and presentation of error. The final section discusses an …
Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent
Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent
Mercer Law Review
The 2007 survey period yielded several noteworthy decisions by the United States Court of Appeals for the Eleventh Circuit relating to federal trial practice and procedure, many of which concerned issues of first impression. This Article analyzes recent developments in the Eleventh Circuit, including significant rulings in the areas of class actions, civil procedure, subject matter jurisdiction, statutory interpretation, and other issues of interest to trial practitioners.
Abiquiu Reservoir Present And Future, Andrew Lieuwen, Ph.D.
Abiquiu Reservoir Present And Future, Andrew Lieuwen, Ph.D.
Publications
No abstract provided.