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Articles 31 - 60 of 341
Full-Text Articles in Law
Double Jeopardy Violations As "Plain Error" Under Federal Rule Of Criminal Procedure 52(B), Gabriel J. Chin
Double Jeopardy Violations As "Plain Error" Under Federal Rule Of Criminal Procedure 52(B), Gabriel J. Chin
Pepperdine Law Review
No abstract provided.
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling
Pepperdine Law Review
No abstract provided.
Walking The Invisible Line Of Punitive Damages: Txo Production Corp. V. Alliance Resources Corp. , Nancy G. Dragutsky
Walking The Invisible Line Of Punitive Damages: Txo Production Corp. V. Alliance Resources Corp. , Nancy G. Dragutsky
Pepperdine Law Review
No abstract provided.
Split-Recovery: A Constitutional Answer To The Punitive Damage Dilemma, Clay R. Stevens
Split-Recovery: A Constitutional Answer To The Punitive Damage Dilemma, Clay R. Stevens
Pepperdine Law Review
No abstract provided.
The Effect Of Location In The Courtroom On Jury Perception Of Lawyer Performance, Jeffrey S. Wolfe
The Effect Of Location In The Courtroom On Jury Perception Of Lawyer Performance, Jeffrey S. Wolfe
Pepperdine Law Review
No abstract provided.
"Your Honor What I Meant To State Was . . .": A Comparative Analysis Of The Judicial And Evidentiary Admission Doctrines As Applied To Counsel Statements In Pleadings, Open Court, And Memoranda Of Law, Ediberto Roman
Pepperdine Law Review
No abstract provided.
Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz
Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz
Martin A. Schwartz
Section 1983 is the major enforcer of individual federal constitutional rights. It authorizes individuals to enforce their constitutional rights against state and local officials; for example,prison officers and police officers, and against municipalities. It is the most important civil statute in American law. To its credit, the United States Supreme Court understands the significance of § 1983. For the past three decades, in virtually every single Term of theCourt, it has decided a substantial number of cases dealing with different facets of § 1983 litigation. Last Term, there was anunusual number of § 1983 decisions rendered by the United States …
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.
Election Law, Christopher R. Nolen, Jeff Palmore
Election Law, Christopher R. Nolen, Jeff Palmore
University of Richmond Law Review
Other than a few controversial measures, the 2012 Virginia General Assembly made modest changes to Virginia's laws re-garding the administration and conduct of elections. Most activity in this arena concerned issues that had significant federal election implications: specifically, the adoption of changes to strengthen Virginia's existing voter identification law and the enactment of a congressional redistricting plan. This article surveys developments in Virginia election law for the latter part of 2011and the 2012 General Assembly session. The focus is on those statutory developments that have significance or general applicability to the implementation of Virginia's election laws. Consequently, not every election-related …
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 …
Two-Way Fee Shifting On Summary Judgment Or Dismissal: An Equitable Deterrent To Unmeritorious Lawsuits, Lorraine Wright Feuerstein
Two-Way Fee Shifting On Summary Judgment Or Dismissal: An Equitable Deterrent To Unmeritorious Lawsuits, Lorraine Wright Feuerstein
Pepperdine Law Review
No abstract provided.
Speech, Kenneth W. Starr
Smoking Out Big Tobacco: Some Lessons About Academic Freedom, The World Wide Web, Media Conglomeration, And Public Service Pedagogy From The Battle Over The Brown & Williamson Documents, Clay Calvert
Pepperdine Law Review
No abstract provided.
Admission Possible: Reconsidering The Impact Of Eeoc Reasonable Cause Determinations In The Ninth Circuit, Michael D. Moberly
Admission Possible: Reconsidering The Impact Of Eeoc Reasonable Cause Determinations In The Ninth Circuit, Michael D. Moberly
Pepperdine Law Review
No abstract provided.
A Limit On Downsizing: Varity Corp. V. Howe, James B. Shein
A Limit On Downsizing: Varity Corp. V. Howe, James B. Shein
Pepperdine Law Review
No abstract provided.
"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty, Marvin F. Hill Jr., James A. Wright
"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty, Marvin F. Hill Jr., James A. Wright
Pepperdine Law Review
No abstract provided.
The Fda Sends Smoke Signals To Big Tobacco: Will The Fda Suffer Backlash, Will Alcohol Be Regulated Next, And Will The Health Of Americans Prevail?, Angela Turriciano
The Fda Sends Smoke Signals To Big Tobacco: Will The Fda Suffer Backlash, Will Alcohol Be Regulated Next, And Will The Health Of Americans Prevail?, Angela Turriciano
Pepperdine Law Review
No abstract provided.
Medtronic, Inc. V. Lohr: Is Federal Pre-Emption A Heartbeat Away From Death Under The Medical Device Amendments?, Mark E. Gelsinger
Medtronic, Inc. V. Lohr: Is Federal Pre-Emption A Heartbeat Away From Death Under The Medical Device Amendments?, Mark E. Gelsinger
Pepperdine Law Review
No abstract provided.
Contracts Written In Stone: An Examination Of United States V. Winstar Corp., Mark T. Cramer
Contracts Written In Stone: An Examination Of United States V. Winstar Corp., Mark T. Cramer
Pepperdine Law Review
No abstract provided.
The Legal World Wide Web: Electronic Personal Jurisdiction In Commercial Litigation, Or How To Expose Yourself To Liability Anywhere In The World With The Press Of A Button, Robert M. Harkins Jr.
The Legal World Wide Web: Electronic Personal Jurisdiction In Commercial Litigation, Or How To Expose Yourself To Liability Anywhere In The World With The Press Of A Button, Robert M. Harkins Jr.
Pepperdine Law Review
No abstract provided.
Is The United States V. Olin Decision Full Of Sound And Fury Signifying Nothing?: The Future Of Retroactive Liability Of The Comprehensive Environmental Response, Compensation, And Liability Act, Kevin J. Slattum
Pepperdine Law Review
No abstract provided.
Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii
Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii
Pepperdine Law Review
No abstract provided.
Cigarette Litigation's Offspring: Assessing Tort Issues Related To Guns, Alcohol, & Other Controversial Products In Light Of The Tobacco Wars , Gary T. Schwartz
Cigarette Litigation's Offspring: Assessing Tort Issues Related To Guns, Alcohol, & Other Controversial Products In Light Of The Tobacco Wars , Gary T. Schwartz
Pepperdine Law Review
No abstract provided.
Protected Petitioning Or Unlawful Retaliation? The Limits Of First Amendment Immunity For Lawsuits Under The Fair Housing Act, David K. Godschalk
Protected Petitioning Or Unlawful Retaliation? The Limits Of First Amendment Immunity For Lawsuits Under The Fair Housing Act, David K. Godschalk
Pepperdine Law Review
No abstract provided.
Brogan V. United States “No” Means “No Defense”: Brogan's Elimination Of The “Exculpatory No” Doctrine, Karen Chapman
Brogan V. United States “No” Means “No Defense”: Brogan's Elimination Of The “Exculpatory No” Doctrine, Karen Chapman
Pepperdine Law Review
No abstract provided.
Burlington Industries, Inc. V. Ellerth: “Whole-Cloth Creation” Or Manifestation Of Congressional Intent?, John Corrington
Burlington Industries, Inc. V. Ellerth: “Whole-Cloth Creation” Or Manifestation Of Congressional Intent?, John Corrington
Pepperdine Law Review
No abstract provided.
Lead Paint Public Entity Lawsuits: Has The Broad Stroke Of Tobacco And Firearms Litigation Painted A Troubling Picture For Lead Paint Manufacturers?, Amber E. Dean
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks
The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks
Seattle University Law Review
While the states are fairly consistent in protecting the rights of living individuals, the level of protection for deceased celebrities varies among the states. Some states allow the right to extend beyond death, while others refuse to recognize a postmortem right of publicity. Even among states that do recognize a postmortem right of publicity, the right is protected to varying degrees, with some states providing explicit statutory protections and others providing only common law protections. Given the inconsistencies among the states, the continuing right to publicity after death has been the subject of much litigation over the last few years, …
The Relational Contingency Of Rights, Alex Stein, Gideon Parchomovsky
The Relational Contingency Of Rights, Alex Stein, Gideon Parchomovsky
Faculty Scholarship
No abstract provided.