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Full-Text Articles in Law

Nailing Down The Deadlines: A Modified Peremption Scheme For Claims Against Design Professionals, Alex T. Robertson Mar 2015

Nailing Down The Deadlines: A Modified Peremption Scheme For Claims Against Design Professionals, Alex T. Robertson

Alex T Robertson

In Louisiana construction cases, the timeliness of a third party claim for indemnity is contingent on both the profession of the defendant and where the plaintiff files the suit.[1] This moving target effect has roots in Louisiana’s adoption of a single peremptive statute for construction cases in lieu of the previously controlling liberative prescription statutes.[2] Louisiana instituted peremption to create a shorter and fixed period of time for the possibility of a design professional to be sued from a design, which has several positive consequences--judicial efficiency, higher quality of evidence in construction cases, positive economic impact and heightened creativity in …


Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani Feb 2015

Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani

Faculty Scholarship

Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a “wild west” due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation …


Complexity In Litigation: A Differential Diagnosis, Curtis E.A. Karnow Jan 2015

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 …


The Process Of Marriage Equality, Josh Blackman, Howard M. Wasserman Jan 2015

The Process Of Marriage Equality, Josh Blackman, Howard M. Wasserman

Faculty Publications

No abstract provided.