Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (9)
- University of New Mexico (8)
- Duke Law (7)
- University of Pennsylvania Carey Law School (7)
- Boston University School of Law (5)
-
- Case Western Reserve University School of Law (5)
- University of Pittsburgh School of Law (5)
- Florida State University College of Law (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Brooklyn Law School (2)
- Columbia Law School (2)
- Georgia State University (2)
- Penn State Law (2)
- The Catholic University of America, Columbus School of Law (2)
- The University of Akron (2)
- University of Georgia School of Law (2)
- University of Michigan Law School (2)
- Barry University School of Law (1)
- Emory University School of Law (1)
- Florida A&M University College of Law (1)
- Florida International University College of Law (1)
- Georgetown University Law Center (1)
- Golden Gate University School of Law (1)
- Northwestern Pritzker School of Law (1)
- Osgoode Hall Law School of York University (1)
- Southern Methodist University (1)
- St. John's University School of Law (1)
- UC Law SF (1)
- UIC School of Law (1)
- University of Baltimore Law (1)
- Keyword
-
- Litigation (15)
- Fracing (5)
- Fracking (5)
- Hydraulic fracturing (5)
- Air quality impacts (4)
-
- Arbitration (4)
- Jurisdiction (4)
- Oil and gas development (4)
- Supreme Court (4)
- Transnational litigation (4)
- Civil Litigation (3)
- Civil Procedure (3)
- Civil procedure (3)
- Class action (3)
- Contracts (3)
- Due process (3)
- EPA (3)
- Environmental Protection Agency (3)
- European Union (3)
- Forum non conveniens (3)
- Forum selection (3)
- Jurisprudence (3)
- Methane (3)
- Ozone (3)
- Patent (3)
- Procedure (3)
- Torts (3)
- Trial advocacy (3)
- United States (3)
- VOCs (3)
- Publication
-
- Faculty Scholarship (18)
- Publications (12)
- All Faculty Scholarship (8)
- Faculty Publications (8)
- Articles (7)
-
- Air Quality Impacts from Oil and Gas Development (January 27) (5)
- Scholarly Works (5)
- Scholarly Publications (3)
- Akron Law Faculty Publications (2)
- Georgia State University Copyright Lawsuit (2)
- Journal Articles (2)
- Scholarly Articles (2)
- A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27) (1)
- Commissioned Reports, Studies and Public Policy Documents (1)
- Faculty Articles (1)
- Faculty Articles and Papers (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Working Papers (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal Publications (1)
- Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- UF Law Faculty Publications (1)
- UIC Law Open Access Faculty Scholarship (1)
- Vanderbilt Law School Faculty Publications (1)
Articles 1 - 30 of 87
Full-Text Articles in Law
Selected Bibliography On Adjudications And New Mexico Water Management, Carol Romero-Wirth, Susan Kelly, Ernesto Longa
Selected Bibliography On Adjudications And New Mexico Water Management, Carol Romero-Wirth, Susan Kelly, Ernesto Longa
Publications
No abstract provided.
Whose Regulatory Interests? Outsourcing The Treaty Function, Stephen B. Burbank
Whose Regulatory Interests? Outsourcing The Treaty Function, Stephen B. Burbank
All Faculty Scholarship
In this article I describe the status quo in the area of foreign judgment recognition, with attention to the tension between domestic interests and international cooperation. Precisely because the future of the status quo is in doubt, I then consider current proposals for change, particularly the effort to implement the Hague Choice of Court Convention in the United States. Prominent among the normative questions raised by my account is whose interests, in addition to the litigants’ interests, are at stake – those of the United States, those of the several states, or those of interest groups waving a federal or …
Toward A Functional Approach To Sovereign Equality, Peter B. Rutledge
Toward A Functional Approach To Sovereign Equality, Peter B. Rutledge
Scholarly Works
Under the principle of sovereign equality of nations, nation states are entitled to equal dignity (evidenced by conventions like their voting rights in the United Nations), have the identical capacity to contract (evidenced by their ability to enter into treaties), and are not subject to a superior sovereign (evidenced by the lack of a global leviathan). This principle also has had an important effect in the field of international civil litigation, in areas such as judicial jurisdiction or sovereign immunity. As that principle has weakened over the twentieth century, risks of aggravation to comity have risen, resulting in the development …
Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?, Carol Romero-Wirth, Susan Kelly
Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?, Carol Romero-Wirth, Susan Kelly
Publications
No abstract provided.
The Litigation Finance Contract, Maya Steinitz
The Litigation Finance Contract, Maya Steinitz
Faculty Scholarship
Litigation funding-for-profit, nonrecourse funding of a litigation by a nonparty-is a new and rapidly developing industry. It has been described as one of the "biggest and most influential trends in civil justice" today by RAND, the New York Times, and others. Despite the importance and growth of the industry, there is a complete absence of information about or discussion of litigation finance contracting, even though all the promises and pitfalls of litigation funding stem from the relationships those contracts establish and organize. Further, the literature and case law pertaining to litigation funding have evolved from an analogy between litigation funding …
The Relational Contingency Of Rights, Alex Stein, Gideon Parchomovsky
The Relational Contingency Of Rights, Alex Stein, Gideon Parchomovsky
Faculty Scholarship
No abstract provided.
Fall 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Fall 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Groundwater In New Mexico, Darcy Bushnell
Kirtland Afb - Bulk Fuels Facility Spill: Regulatory Authority Under Rcra And History, New Mexico Environment Department, University Of New Mexico - School Of Law
Kirtland Afb - Bulk Fuels Facility Spill: Regulatory Authority Under Rcra And History, New Mexico Environment Department, University Of New Mexico - School Of Law
Publications
No abstract provided.
The Private Costs Of Patent Litigation, James Bessen, Michael J. Meurer
The Private Costs Of Patent Litigation, James Bessen, Michael J. Meurer
Faculty Scholarship
This paper estimates the total cost of patent litigation to alleged infringers. We use a large sample of stock market event studies around the date of lawsuit filings for US public firms from 1984-99. We find that the total costs of litigation are much greater than legal fees and costs are large even for lawsuits that settle. Lawsuits cost alleged infringers about $28.7 million ($92) in the mean and $2.9 million in the median. Moreover, infringement risk rose sharply during the late 1990s to over 14% of R&D spending. Small firms have lower risk relative to R&D.
Foreword: Academic Influence On The Court, Neal K. Katyal
Foreword: Academic Influence On The Court, Neal K. Katyal
Georgetown Law Faculty Publications and Other Works
The months leading up to the Supreme Court’s blockbuster decision on the Affordable Care Act (ACA) were characterized by a prodigious amount of media coverage that purported to analyze how the legal challenge to Obamacare went mainstream. The nation’s major newspapers each had a prominent story describing how conservative academics, led by Professor Randy Barnett, had a long-term strategy to make the case appear credible. In the first weeks after the ACA’s passage, the storyline went, the lawsuit’s prospects of success were thought to be virtually nil. Professor (and former Solicitor General) Charles Fried stated that he would “eat a …
District Court: Final Order (2012), Orinda Evans
District Court: Final Order (2012), Orinda Evans
Georgia State University Copyright Lawsuit
No abstract provided.
Summer 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Summer 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown
Scholarly Works
It is a well-settled and often-recited fact that lawyers are “officers of the court.” That title, however, is notoriously hortatory and devoid of meaning. Nevertheless, the Eleventh Circuit recently took the somewhat unprecedented step of utilizing the officer-of-the-court label to, in effect, sanction an attorney for the purportedly uncivil act of failing to provide defendant attorneys with pre-suit notice. While the author applauds the court’s desire to place greater emphasis on lawyer-to-lawyer collegiality as a component of officer-of-the-court status, the uncertainty the decision creates in terms of a lawyer’s role will potentially force litigators to compromise important client-centered duties. This …
American Indian Water Right Settlements, Darcy Bushnell
American Indian Water Right Settlements, Darcy Bushnell
Publications
No abstract provided.
District Court: Cambridge Univ. Press V. Becker - Ruling (2012), Orinda Evans
District Court: Cambridge Univ. Press V. Becker - Ruling (2012), Orinda Evans
Georgia State University Copyright Lawsuit
Ruling from the District Court
Cambridge Univ. Press v. Becker, 863 F. Supp. 2d 1190 (N.D. Ga. 2012)
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review
Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review
A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)
On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs, …
New Mexico Ex Rel. State Engineer V. Aamodt, No. 66cv6639 (D.N.M.), New Mexico State Engineer
New Mexico Ex Rel. State Engineer V. Aamodt, No. 66cv6639 (D.N.M.), New Mexico State Engineer
Publications
No abstract provided.
Back To The Future (Reviewing David Bernstein, Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (2011)), William D. Araiza
Back To The Future (Reviewing David Bernstein, Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform (2011)), William D. Araiza
Faculty Scholarship
No abstract provided.
Following The Rules: Exclusion Of Witness, Sequestration, And No-Consultation Orders, Richard H. Underwood
Following The Rules: Exclusion Of Witness, Sequestration, And No-Consultation Orders, Richard H. Underwood
Law Faculty Scholarly Articles
In this Article, Professor Underwood discusses the varying application of Rule 615 of the Federal Rules of Evidence, which provides for the exclusion of witnesses. He explains that varying application of Rule 615 and state evidence rules following Rule 615's language creates misunderstandings at trial. Thus, it is important to know not only the federal and local rules but also the "way things are done" in a particular court.
The Economics Of Third-Party Financed Litigation, Keith N. Hylton
The Economics Of Third-Party Financed Litigation, Keith N. Hylton
Faculty Scholarship
This paper examines the law and economics of third-party financed litigation. I explore the conditions under which a system of third-party financiers and litigators can enhance social welfare, and the conditions under which it is likely to reduce social welfare. Among the applications I consider are the sale of legal rights (such as contingent tort claims) to insurers, to patent trolls, and to financiers generally
Trial Selection Theory And Evidence, Keith N. Hylton, Haizhen Lin
Trial Selection Theory And Evidence, Keith N. Hylton, Haizhen Lin
Faculty Scholarship
This chapter presents a review of trial selection theory. We use the term “trial selection theory” to refer to models that attempt to explain or predict the characteristics that distinguish cases that are litigated to judgment from those that settle, and the implications of those characteristics for the development of legal doctrine and for important trial outcome parameters, such as the plaintiff win rate. Using this definition, trial selection theory can be said to have started with Priest and Klein (1984).
The Strategic Use Of Public And Private Litigation In Antitrust As Business Strategy, D. Daniel Sokol
The Strategic Use Of Public And Private Litigation In Antitrust As Business Strategy, D. Daniel Sokol
UF Law Faculty Publications
This Article claims that there may be a subset of cases in which private rights of action may work with public rights as an effective strategy for a firm to raise costs against rival dominant firms. A competitor firm may bring its own case (which is costly) and/or have government bring a case on its behalf (which is less costly). Alternatively, if the competitor firm has sufficient financial resources, it can pursue an approach that employs both strategies simultaneously. This situation of public and private misuse of antitrust may not happen often. As the Article will explore, it is not …
The Relational Contingency Of Rights, Gideon Parchomovsky, Alex Stein
The Relational Contingency Of Rights, Gideon Parchomovsky, Alex Stein
All Faculty Scholarship
In this Article, we demonstrate, contrary to conventional wisdom, that all rights are relationally contingent. Our main thesis is that rights afford their holders meaningful protection only against challengers who face higher litigation costs than the rightholder. Contrariwise, challengers who can litigate more cheaply than a rightholder can force the rightholder to forfeit the right and thereby render the right ineffective. Consequently, in the real world, rights avail only against certain challengers but not others. This result is robust and pervasive. Furthermore, it obtains irrespectively of how rights and other legal entitlements are defined by the legislator or construed by …
Agenda: Air Quality Impacts From Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Air Quality Impacts From Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center
Air Quality Impacts from Oil and Gas Development (January 27)
Oil and gas development and hydraulic fracturing have received enormous attention over the past few years, and most of that attention has focused on the potential impacts of such development on water quality. However, the potential impacts on air quality from oil and gas development have received far less public and media attention and discussion. This two-hour program will assess the current scientific knowledge, regulatory requirements and policies regarding the impacts on air quality from oil and gas development and will address current initiatives at the state and national levels to further regulate and control those impacts.
Slides: Air Monitoring And Litigation Update, John Jacus
Slides: Air Monitoring And Litigation Update, John Jacus
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: John Jacus, Partner, Davis Graham & Stubbs LLP, reviews recent litigation aimed at oil and gas development activities with respect to air emissions impacts, and also several recent and ongoing studies and ambient monitoring efforts focused upon air emissions from oil and gas activities
23 slides
Slides: Hydrofracking: Air Issues And Community Exposure, Debra A. Kaden
Slides: Hydrofracking: Air Issues And Community Exposure, Debra A. Kaden
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: Debra Kaden, Ph.D., Toxicologist, ENVIRON International Corporation, discusses air concentrations of chemicals of potential health concern surrounding oil and gas development activities, as well as temporal and spatial patterns of these chemicals in the ambient environment. Such information is necessary to evaluate possible health impacts of the drilling process on air in surrounding communities.
19 slides
Slides: Unconventional Gas And Oil – Potential Air Emissions, John Imse
Slides: Unconventional Gas And Oil – Potential Air Emissions, John Imse
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: John Imse, Hydrogeologist, ENVIRON International Corporation presents an overview of the current methods for developing a shale play and the typical site operations
10 slides
Slides: Air Quality - Oil And Gas Development, Paul R. Tourangeau
Slides: Air Quality - Oil And Gas Development, Paul R. Tourangeau
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: Paul Tourangeau, Assistant General Counsel, DCP Midstream, LP and former Director, Colorado Air Pollution Control Division, addresses regulatory requirements and policies related to air emissions from the oil and gas sector, including recent and current initiatives at the state and federal level
8 slides
An Early Exercise In Trial Ad: Advocacy Personality Presentations, Wes R. Porter
An Early Exercise In Trial Ad: Advocacy Personality Presentations, Wes R. Porter
Publications
'What is the "most productive" early exercise in trial advocacy? Through experimentation, I think I may have found it. Let's call it "Advocacy Personality Presentations."