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Articles 1 - 29 of 29

Full-Text Articles in Law

A Dedication To Randall P. Bezanson, John W. Elrod, Mark H. Grunewald, Lewis H. Larue, J. Hardin Marion, Doug Rendleman, Allan W. Vestal Dec 2012

A Dedication To Randall P. Bezanson, John W. Elrod, Mark H. Grunewald, Lewis H. Larue, J. Hardin Marion, Doug Rendleman, Allan W. Vestal

Doug Rendleman

No abstract provided.


The New Due Process: Rights And Remedies, Doug R. Rendleman Dec 2012

The New Due Process: Rights And Remedies, Doug R. Rendleman

Doug Rendleman

This article discusses the "new" due process. Perhaps new is a misnomer. Due process was not discovered recently. It has been around a long time protecting varying interests from arbitrary action. The discovery called the "new" due process is merely that procedural protections are not so limited as previously thought. This article will examine the interests encompassed by the new due process and the remedial apparatus now being developed to protect those interests.


Chapters Of The Civil Jury, Doug R. Rendleman Dec 2012

Chapters Of The Civil Jury, Doug R. Rendleman

Doug Rendleman

The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …


Legal Anatomy Of An Air Pollution Emergency, Doug Rendleman Dec 2012

Legal Anatomy Of An Air Pollution Emergency, Doug Rendleman

Doug Rendleman

No abstract provided.


Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman Dec 2012

Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman

Doug Rendleman

No abstract provided.


When Is Enrichment Unjust - Restitution Visits An Onyx Bathroom, Doug Rendleman Dec 2012

When Is Enrichment Unjust - Restitution Visits An Onyx Bathroom, Doug Rendleman

Doug Rendleman

No abstract provided.


The Bankruptcy Discharge: Toward A Fresher Start, Doug R. Rendleman Dec 2012

The Bankruptcy Discharge: Toward A Fresher Start, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman Dec 2012

Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Toward Due Process In Injunction Procedure, Doug R. Rendleman Dec 2012

Toward Due Process In Injunction Procedure, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Beyond Contempt: Obligors To Injunctions, Doug R. Rendleman Dec 2012

Beyond Contempt: Obligors To Injunctions, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman Dec 2012

Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Analyzing The Debtor's Due Process Interest, Doug Rendleman Dec 2012

Analyzing The Debtor's Due Process Interest, Doug Rendleman

Doug Rendleman

No abstract provided.


Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman Dec 2012

Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

Doug Rendleman

Joseph F. Weis Jr's theories regarding US procedural policymaking and service by mail from the Hague Convention are examined. Weis explores two themes that run through US civil procedure: counterintuitive instrumentalism and underlying pragmatism.


Compensatory Contempt To Collect Money, Doug R. Rendleman Dec 2012

Compensatory Contempt To Collect Money, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Compensatory Contempt: Plaintiff's Remedy When A Defendant Violates An Injunction, Doug R. Rendleman Dec 2012

Compensatory Contempt: Plaintiff's Remedy When A Defendant Violates An Injunction, Doug R. Rendleman

Doug Rendleman

No abstract provided.


The Inadequate Remedy At Law Prerequisite For An Injunction, Doug R. Rendleman Dec 2012

The Inadequate Remedy At Law Prerequisite For An Injunction, Doug R. Rendleman

Doug Rendleman

No abstract provided.


Common Law Restitution In The Mississippi Tobacco Settlement: Did The Smoke Get In Their Eyes?, Doug Rendleman Dec 2012

Common Law Restitution In The Mississippi Tobacco Settlement: Did The Smoke Get In Their Eyes?, Doug Rendleman

Doug Rendleman

No abstract provided.


Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman Dec 2012

Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

Doug Rendleman

No abstract provided.


Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman Dec 2012

Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman

Doug Rendleman

No abstract provided.


Academic Freedom In Urofsky's Wake: Post September 11 Remarks On "Who Owns Academic Freedom?", Doug Rendleman Dec 2012

Academic Freedom In Urofsky's Wake: Post September 11 Remarks On "Who Owns Academic Freedom?", Doug Rendleman

Doug Rendleman

No abstract provided.


Restating Restitution: The Restatement Process And Its Critics, Doug Rendleman Dec 2012

Restating Restitution: The Restatement Process And Its Critics, Doug Rendleman

Doug Rendleman

No abstract provided.


Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman Dec 2012

Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman

Doug Rendleman

No abstract provided.


When Is Enrichment Unjust? Restitution Visits An Onyx Bathroom, Doug Rendleman Dec 2012

When Is Enrichment Unjust? Restitution Visits An Onyx Bathroom, Doug Rendleman

Doug Rendleman

Not available.


Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock Dec 2012

Brief Of Reporter And Advisers To Restatement (Third) Restitution And Unjust Enrichment, As Amici Curiae In Support Of Respondent, Doug Rendleman, Douglas Laycock

Doug Rendleman

Restitution may be a casualty in a collision with the constitutional law of standing. Article III is traditionally said to require an “injury in fact” for standing to be a plaintiff in federal court. Edwards, who alleges that First American paid a bribe or kickback in violation of the federal Real Estate Settlement Procedures Act, seeks to recover the statutory penalty. Defendant argues that even if it violated the Act, Edwards suffered no “injury in fact.” Our amicus brief in support of Edwards alerts the Supreme Court to the many restitutionary claims either for a wrongdoer’s profits or to set …


Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman Dec 2012

Collecting A Libel Tourist's Defamation Judgment?, Doug Rendleman

Doug Rendleman

A libelplaintiffsued an American defendant in aforeign nation where he took advantage ofplaintiff-favoring defamation Law to obtain a heftyjudgment. He brings this judgment to the defendant's state in the United States to collect from her bank account. The defendant 's state's court could not have entered the plaint /ffs judgment because offirst-Amendment doctrines that stem from New York Times v. Sullivan. How should the U.S. court respond to the "libel tourist" and his judgment? This succinct Article summarizes the tangled tale that emerges. Invoking the First Amendment under a public-policy exception to comity, U.S. courts have rejectedforeign-nation defamation judgments. State …


Irreparability Irreparably Damaged, Doug Rendleman Dec 2012

Irreparability Irreparably Damaged, Doug Rendleman

Doug Rendleman

No abstract provided.


Brown Ii'S "All Deliberate Speed" At Fifty: A Golden Anniversary Or A Mid- Life Crisis For The Constitutional Injunction As A School Desegregation Remedy?, Doug Rendleman Dec 2012

Brown Ii'S "All Deliberate Speed" At Fifty: A Golden Anniversary Or A Mid- Life Crisis For The Constitutional Injunction As A School Desegregation Remedy?, Doug Rendleman

Doug Rendleman

In 1955 in Brown II the Supreme Court instructed school authorities and federal judges how to implement its decision in Brown I that racially segregated public schools violated the constitution. This article summarizes the half-century of federal injunctions that the courts granted to desegregate schools. It organizes the injunctions chronologically under three headings, "all deliberate speed," desegregate "now," and "unitary" districts. Rejecting both extravagant hoopla and charges of "failure," the article approves disciplined judicial discretion leading to large-scale structural injunctions when the times are ripe because unconstitutional conditions warrant massive judicial reconstruction. In particular, the article maintains that the courts' …


Disobedience And Coercive Contempt Confinement: The Terminally Stubborn Contemnor, Doug Rendleman Dec 2012

Disobedience And Coercive Contempt Confinement: The Terminally Stubborn Contemnor, Doug Rendleman

Doug Rendleman

No abstract provided.


Simplification- A Civil Procedure Perspective, Doug Rendleman Dec 2012

Simplification- A Civil Procedure Perspective, Doug Rendleman

Doug Rendleman

No abstract provided.