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Articles 31 - 34 of 34
Full-Text Articles in Law
Acknowledging The 4th Strike, M. Dylan Mcclelland
Acknowledging The 4th Strike, M. Dylan Mcclelland
M. Dylan McClelland
A provacative look at the right to inmate health care in an era of economic scarcity. Does a civilized society really care for the guilty before its innocent?
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen
Rena M Lindevaldsen
This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother’s former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …
Procedural Justice In Nonclass Aggregation, Elizabeth Chamblee Burch
Procedural Justice In Nonclass Aggregation, Elizabeth Chamblee Burch
Elizabeth Chamblee Burch
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individual litigation and certified class actions. Although scholars have formulated procedural protections for both extremes, the unique danger and allure posed by nonclass aggregation has been undertheorized, leaving mass tort claimants with inadequate safeguards. When hallmark features of mass torts include attenuated attorney-client relationships, numerous litigants, and the demise of adversarial legalism, the attorney-client relationship itself becomes another bargaining chip in the exchange of rights. This Article takes the initial steps toward advancing a cohesive theory of procedural justice in nonclass aggregation by exposing the problem …
Slapplash: The Courts Finally Turn On California's Anti-Slapp Motion, M. Dylan Mcclelland
Slapplash: The Courts Finally Turn On California's Anti-Slapp Motion, M. Dylan Mcclelland
M. Dylan McClelland
An analysis of the California courts' backlash against SLAPP motion abuse, integrating the caselaw and analyzing strategic implications