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Articles 1 - 30 of 35
Full-Text Articles in Law
Playing The Mysterious Game Of Online Love: Examining An Emerging Trend Of Limiting § 230 Immunity Of The Communications Decency Act And The Effects On E-Dating Websites, Matthew Altenberg
Playing The Mysterious Game Of Online Love: Examining An Emerging Trend Of Limiting § 230 Immunity Of The Communications Decency Act And The Effects On E-Dating Websites, Matthew Altenberg
Pace Law Review
No abstract provided.
Tribal Consultation For Large-Scale Projects: The National Historic Preservation Act And Regulatory Review, S. Rheagan Alexander
Tribal Consultation For Large-Scale Projects: The National Historic Preservation Act And Regulatory Review, S. Rheagan Alexander
Pace Law Review
No abstract provided.
Not Designed To Fit: Why The Innovative Design Protection And Piracy Prevention Act Should Not Be Made Into Law, Alexis N. Stevens
Not Designed To Fit: Why The Innovative Design Protection And Piracy Prevention Act Should Not Be Made Into Law, Alexis N. Stevens
Pace Law Review
No abstract provided.
Bail Pending Trial: Changing Interpretations Of The Bail Reform Act And The Importance Of Bail From Defense Attorneys’ Perspectives, Clara Kalhous, John Meringolo
Bail Pending Trial: Changing Interpretations Of The Bail Reform Act And The Importance Of Bail From Defense Attorneys’ Perspectives, Clara Kalhous, John Meringolo
Pace Law Review
No abstract provided.
Is There A Legal Recourse Available In New York When The Press Fails To Protect The Identity Of A Child Abuse Victim?, John H. Wilson
Is There A Legal Recourse Available In New York When The Press Fails To Protect The Identity Of A Child Abuse Victim?, John H. Wilson
Pace Law Review
No abstract provided.
“Beyond The Scope Of Ordinary Training And Knowledge”: The Argument For Droit Moral, U.S. Research Science Intellectual Property Moral Rights, Joan Elise Jackson
“Beyond The Scope Of Ordinary Training And Knowledge”: The Argument For Droit Moral, U.S. Research Science Intellectual Property Moral Rights, Joan Elise Jackson
Pace Law Review
No abstract provided.
Standards, Patents, And The National Smart Grid, Jorge L. Contreras
Standards, Patents, And The National Smart Grid, Jorge L. Contreras
Pace Law Review
No abstract provided.
Catch Me If You Can: An Analysis Of New Enforcement Measures And Proposed Legislation To Combat The Sale Of Counterfeit Products On The Internet, Jeffrey A. Lindenbaum, David Ewen
Catch Me If You Can: An Analysis Of New Enforcement Measures And Proposed Legislation To Combat The Sale Of Counterfeit Products On The Internet, Jeffrey A. Lindenbaum, David Ewen
Pace Law Review
No abstract provided.
Scope Of Liability Under The Alien Tort Statute: The Relevance Of Choice Of Law Doctrine In The Aftermath Of Kiobel V. Royal Dutch Petroleum, Jon E. Crain
Pace Law Review
Recently Judge José A. Cabranes, of the United States Court of Appeals for the Second Circuit, issued a decision that drastically undermined the efficacy of the Alien Tort Statute (ATS). Writing for the majority in Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111 (2d Cir. 2010), Judge Cabranes ruled that corporate entities cannot be held liable under the ATS. This Comment will examine the choice-of-law aspect of that decision, and argue that Judge Cabranes erred in interpreting the ATS to mandate application of customary international law (CIL).
Identity Crisis: Class Certification, Aggregate Proof, And How Rule 23 May Be Self-Defeating The Policy For Which It Was Established, J. Britton Whitbeck
Identity Crisis: Class Certification, Aggregate Proof, And How Rule 23 May Be Self-Defeating The Policy For Which It Was Established, J. Britton Whitbeck
Pace Law Review
Class actions suits developed in the United States as a form of “group litigation,” an alternative to the impracticability or inequities of separate, individual actions of a similarly situated class of plaintiffs and, eventually, defendants. Congressional passage of the Class Action Fairness Act of 2005 (CAFA) provided the federal courts with expounded diversity jurisdiction for the purpose of “assur[ing] fairer outcomes for class members and defendants.” However, recent circuit splits regarding class certification under Rule 23 of the Federal Rules of Civil Procedure (FRCP) and the use of aggregate proof in certifying classes have, in an ironic twist of legal …
Reading Between The Lines: Charging Instruments At The Ictr And The Icc, Claire Knittel
Reading Between The Lines: Charging Instruments At The Ictr And The Icc, Claire Knittel
Pace Law Review
International criminal procedure, including the principle of notice, has grown exponentially from the Nuremburg Trials conducted after WWII, but the tribunals of today still face many sticky procedural issues. This Article will focus on two problems that the ICTR and the International Criminal Court (ICC), respectively, have faced with regard to notice. Part I reviews the jurisprudence of the ICTR and ICC, focusing particularly on requirements of notice and the requirements of the charging instruments in each tribunal. Part II discusses in detail a problem that each tribunal is facing: vagueness in the indictment at the ICTR and informal changes …
What One Hand Giveth, The Other Taketh Away: How Future Dangerousness Corrupts Guilt Verdicts And Produces Premature Punishment Decisions In Capital Cases, Elizabeth S. Vartkessian
What One Hand Giveth, The Other Taketh Away: How Future Dangerousness Corrupts Guilt Verdicts And Produces Premature Punishment Decisions In Capital Cases, Elizabeth S. Vartkessian
Pace Law Review
No abstract provided.
Travel Abroad, Sue At Home 2012: Forum Non Conveniens & The Enforcement Of Forum Selection And Mandatory Arbitration Clauses, Thomas A. Dickerson
Travel Abroad, Sue At Home 2012: Forum Non Conveniens & The Enforcement Of Forum Selection And Mandatory Arbitration Clauses, Thomas A. Dickerson
Pace Law Review
A common litigation strategy is to sue in the U.S. in federal or state court against a solvent defendant subject to long-arm jurisdiction and the application of U.S. common law or statutory law. Such cases raise a variety of complex liability and procedural issues including liability shifting, jurisdiction, forum non conveniens, and choice of law. This Article will identify various types of travel accidents abroad, and discuss the doctrine of forum non conveniens and the enforceability of forum selection and mandatory arbitration clauses in travel consumer contracts.
Admissions: What They Are And How They Can Impact Litigation, William J. Giacomo
Admissions: What They Are And How They Can Impact Litigation, William J. Giacomo
Pace Law Review
Since everything said or submitted to court is on some level an admission, an attorney must know what he or she is admitting and how it may affect his or her case. This Article will examine two cases that present common situations during litigation where an admission may occur. In doing so, it will examine the background of admissions under the Federal Rules of Evidence, the various modes in which admissions are presented, and whether the effect of an admission in the litigation is formal (binding) or informal (rebuttable). Armed with that information, this Article will then suggest answers to …
Effective Keyword Selection Requires A Mastery Of Storage Technology And The Law, Daniel B. Garrie
Effective Keyword Selection Requires A Mastery Of Storage Technology And The Law, Daniel B. Garrie
Pace Law Review
Selecting keywords for searching large volumes of electronically stored information (“ESI”) is an unavoidable, but necessary step in the process of electronic discovery. The parties to a case, or the court, may choose the terms for the search. However, an efficient alternative to both options involves a mediator, neutral, or special master with a thorough understanding of the legal elements of the case and the technology systems that will be subject to keyword search. This alternative can benefit both parties, as well as the court, because a “technology-aware” mediator can expedite an agreement that allows both parties to maintain oversight …
Social Construction Of False Necessities And The Material Basis Of Socio-Legal Power: A Reply To Irrationalism In Critical Legal Studies Critiques Identifying Latent Social Violence As A Potential New Material Foundation For Systematic Socio-Legal Theory, Samantha Godwin
Pace Law Review
This Article is deliberately unconventional and exploratory. It begins by raising many conceptually problematic questions which cannot be answered simply or definitively. The point is not to provide any one right answer for these questions but to raise possible directions for new lines of inquiry rather than accepting the theoretical dead end that is irrationalism. I do not necessarily hope to offer a new systemizing theory that can withstand rigorous critique, but rather to show that such attempts remain possible and worthwhile even after the influence of post-modernism and the deconstruction of the most significant social theories.
Trial Bench Views: Iaals Report On Findings From A National Survey On Civil Procedure, Corina Gerety
Trial Bench Views: Iaals Report On Findings From A National Survey On Civil Procedure, Corina Gerety
Pace Law Review
In the spring of 2010, the Institute for the Advancement of the American Legal System (“IAALS”) collected survey data on the American civil justice system from state and federal judges throughout the United States, as part of a joint effort with Northwestern University School of Law’s Searle Center on Law, Regulation, and Economic Growth (“Searle Center”). This report sets forth the collective opinions of respondent judges, as they bear on civil reform proposals developed by IAALS and the American College of Trial Lawyers Task Force on Discovery and Civil Litigation (“ACTL Task Force”).
Inconsistent Responsiveness Determination In Document Review: Difference Of Opinion Or Human Error?, Maura R. Grossman, Gordon V. Cormack
Inconsistent Responsiveness Determination In Document Review: Difference Of Opinion Or Human Error?, Maura R. Grossman, Gordon V. Cormack
Pace Law Review
This Article analyzes the inconsistency between different document review efforts on the same document collection to determine whether that inconsistency is due primarily to ambiguity in applying the definition of responsiveness to particular documents, or due primarily to human error. By examining documents from the TREC 2009 Legal Track, the Authors show that inconsistent assessments regarding the same documents are due in large part to human error. Therefore, the quality of a review effort is not simply a matter of opinion; it is possible to show objectively that some reviews, and some review methods, are better than others.
Social Media And Ediscovery: Emerging Issues, Adam Cohen
Social Media And Ediscovery: Emerging Issues, Adam Cohen
Pace Law Review
Courts, as well as private sector and government policymakers, have only just begun to address the practical litigation issues raised by the proliferation of social media channels and content. This Article comments on some of those issues as they relate to electronic discovery (“eDiscovery”) and examines how they have been approached in emerging case law. It does not address proposed legislation on a domestic and international level that may impact social media’s use in litigation, nor does it purport to be in any way comprehensive in its coverage of developments and potential developments in the legal implications of social media.
Using Nonprofits To Serve Charitable Goals Of Social Businesses In The United States: Circumventing The Lack Of Recognition Of The Social Business Model In The Federal Tax Code, Gautam Jagannath
Pace Law Review
This Article considers the possibility of reincorporating a social business as a tax-exempt nonprofit. An analysis of the costs and benefits is performed with an eye toward federal tax law. First, I discuss the potential problems with running a social business as an exempt nonprofit. There are federal regulations that get in the way of making this a savvy decision. Second, I posit that a social business can benefit from devising a parallel exempt organization with similar or identical charitable goals. There are a few ways to do this and I consider the pros and cons. Finally, I consider the …
The Aftermath Of Merck: D&O Insecurity In The Security Fraud Arena, Alexandra Russo
The Aftermath Of Merck: D&O Insecurity In The Security Fraud Arena, Alexandra Russo
Pace Law Review
This Comment will trace the history of Merck, culminating in the Supreme Court’s extension of the statute of limitations periods for private security fraud suits, and discuss the impact this holding will have on future security fraud litigation, both for investor-plaintiffs and issuer-defendants. Part I will examine the facts and procedural history of Merck, which began in the United States District Court for the District of New Jersey and ultimately reached the Supreme Court of the United States. This procedural background will illuminate the various interpretations existing prior to Merck regarding the events that trigger the statute of …
Who Decides Whether Clarity Is Clear?: An Analysis Of Tila’S Clarity Of Disclosure Requirement In Actions By Consumers Against Creditor Card Companies, Brandon Mohr
Pace Law Review
Section 1 begins by discussing credit card usage and the levels of debt of American consumers. Section 2 outlines the history of TILA, which was promulgated by Congress in 1968, as well as the enforcement power bestowed by Congress on the Federal Reserve Board to implement TILA. This exploration also includes descriptions of Regulation Z and the Schumer Box requirements that state exactly what information needs to be clearly and conspicuously displayed in credit card application materials as well as how the information is to be displayed for consumers to review. Section 3 discusses the recent Ninth Circuit case Rubio …
An Analysis Of The United States Employment Immigration System In Attracting And Retaining Skilled Workers And The Effects Of Its Dichotomous Objectives—Competitiveness Versus Protectionism: A Case For Reform?, Vignaswari Saminathan
Pace Law Review
The aim of this Article is to analyze the dichotomous objectives of U.S. immigration policy and to determine what recourse exists to improve the competitiveness of the U.S. immigration system and to ensure adequate protection for U.S. workers. Given that the H-1B visa, the temporary nonimmigrant visa category, has become a very important stepping stone to legal permanent residency, this Article will examine the developments and impact of the dichotomous measures within the context of the H-1B as well as the second employment-based preference category (EB-2) and the third employment-based preference category (EB-3). As such, Part II of this Article …
Private Resolution Of Public Disputes: Employment, Arbitration, And The Statutory Cause Of Action, Griffin Toronjo Pivateau
Private Resolution Of Public Disputes: Employment, Arbitration, And The Statutory Cause Of Action, Griffin Toronjo Pivateau
Pace Law Review
In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/contract continuum. My understanding of the nature of arbitration agreements relies on a previously existing area of employment law. There is a particular aspect of the employment relationship that, while open to contract, remains subject to constraints imposed by the law. A noncompete agreement permits an employee to contract with his employer to not work for a competitor following the termination of the employment relationship. This right to contract away the right to compete is, however, narrowly construed by the court system. A court may …
Continuing The White-Collar Unionization Movement: Imagining A Private Attorneys’ Union, Kimberly Y. Chin
Continuing The White-Collar Unionization Movement: Imagining A Private Attorneys’ Union, Kimberly Y. Chin
Pace Law Review
Given the still-rebounding legal market and the secrecy that characterized the employment decisions at many of the nation’s top law firms during the height of attorney layoffs, this Article imagines the formation of private attorney labor unions as a possible solution. Part I briefly discusses the National Labor Relations Act of 1935, the primary piece of legislation that governs employees’ right to organize and collectively bargain, focusing primarily on who is covered with particular attention placed on the inclusion of professional employees. Part II introduces an understanding of white-collar professionals as a distinct economic class, highlighting specifically its similarities and …
A Way Forward: Transparency At American Law Schools, Kyle P. Mcentee, Patrick J. Lynch
A Way Forward: Transparency At American Law Schools, Kyle P. Mcentee, Patrick J. Lynch
Pace Law Review
This Article is similar to Law School Transparency’s original white paper, available at http://lawschooltransparency.com/documents/LST_White_Paper_April_2010.pdf. The original paper set forth an exposé of the available law school employment information and proposed a way for law schools to voluntarily release better information. This Article updates descriptions of the current employment information, explains the recent reforms at the ABA Section of Legal Education that followed from the original paper, and offers a new proposal for the Section of Legal Education to adopt for the betterment of the legal profession
After Gender: Tools For Progressives In A Shift From Sexual Domination To The Economic Family, Janet Halley
After Gender: Tools For Progressives In A Shift From Sexual Domination To The Economic Family, Janet Halley
Pace Law Review
No abstract provided.
After Gender: An Overview, Ralph Wilde
Prospects For International Gender Norms, Dianne Otto
Prospects For International Gender Norms, Dianne Otto
Pace Law Review
No abstract provided.
Fighting Over The Figure Of Gender, Ali Miller