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Articles 1 - 14 of 14
Full-Text Articles in Law
All His Sexless Patients: Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison Lynch
All His Sexless Patients: Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison Lynch
Articles & Chapters
With the growth in the field of mental disability law over the past 50 years, very few topics involving persons with mental illness remain taboo or off limits to scholars and judges who face these issues daily. However, discussions of the question of whether persons with mental disabilities have a right to voluntary sexual interaction often touches a raw nerve in conversations about mental disability law, even with those who are practicing in the field, and the discomfort people feel in examining this topic is exacerbated when discussing individuals who are institutionalized.
Although this often appears to be a difficult …
Preliminary Injunctions Post-Mayo And Myriad, Jacob S. Sherkow
Preliminary Injunctions Post-Mayo And Myriad, Jacob S. Sherkow
Articles & Chapters
The Supreme Court's recent interest in patentable subject matter has had several, unexpected downstream effects on preliminary injunctions in patent disputes.
The Supreme Court has recently expressed increased interest in patent eligibility, or patentable subject matter, the doctrine that limits the types of inventions eligible for patenting. Its two decisions, Mayo Collaborative Services v. Prometheus Laboratories, Inc., in 2012, and Association for Molecular Pathology v. Myriad Genetics, Inc., in 2013, represented the first broad restrictions on patentable subject matter in over thirty years. And later this term, the Court will decide yet another patent eligibility case: Alice Corp. v. CLS …
The Class Action Fairness Act In Perspective: The Old And The New In Federal Jurisdictional Reform, Edward A. Purcell Jr.
The Class Action Fairness Act In Perspective: The Old And The New In Federal Jurisdictional Reform, Edward A. Purcell Jr.
Articles & Chapters
The Class Action Fairness Act of 2005 (CAFA) was the product of an extended and well-organized political campaign. In Congress, its passage required a grinding eight-year effort, several modifications to the original proposal, numerous committee hearings, multiple reports by both Houses, political compromises that drew some Democratic support, two unsuccessful attempts to terminate debate in the Senate by imposing cloture, and strenuous efforts to amend in both the House and Senate when the bill came to the floor for a final vote. Passage also required Republican control of both Houses of Congress and the presidency as well.
Peer To Patent: Collective Intelligence And Intellectual Property Reform, Beth Simone Noveck
Peer To Patent: Collective Intelligence And Intellectual Property Reform, Beth Simone Noveck
Articles & Chapters
No abstract provided.
The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod
The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod
Articles & Chapters
In an unexpected portion of its unanimous opinion in Frew v. Hawkins, 540 U.S. 431 (2004), the SupremeCourt broke new ground on an important question involving consent decrees. The case began when Texas state officials invoked the Eleventh Amendment in their resistance to a federal Medicaid consent decree. TheCourt quickly disposed of that argument, but Justice Anthony Kennedy, writing for the unanimous Court,took the opportunity to forcefully state that consent decrees that intrude on the policy making prerogatives of state and local officials more than is necessary to protect rights undercut the effective functioning of elected state and local governments. …
Making The Law Of Factual Determinations Matter More, Randolph N. Jonakait
Making The Law Of Factual Determinations Matter More, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Afterword: Studying Litigation And Social Change, Frank W. Munger
Afterword: Studying Litigation And Social Change, Frank W. Munger
Articles & Chapters
No abstract provided.
Tort Litigation And Social Change: Accidents And Trial Court Litigation In West Virginia, 1870-1940, Frank W. Munger
Tort Litigation And Social Change: Accidents And Trial Court Litigation In West Virginia, 1870-1940, Frank W. Munger
Articles & Chapters
No abstract provided.
Law, Litigation And Social Change: A Critical Evaluation Of An Empirical Research Tradition, Frank W. Munger
Law, Litigation And Social Change: A Critical Evaluation Of An Empirical Research Tradition, Frank W. Munger
Articles & Chapters
This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …
Lessons From The Alternative Dispute Resolution Movement, Jethro K. Lieberman
Lessons From The Alternative Dispute Resolution Movement, Jethro K. Lieberman
Articles & Chapters
In less than a decade, alternative dispute resolution- ADR-has grown from a bravely-voiced hope to a congeries of practices animated by the desire to resolve legal battles outside the courtroom. ADR offers a way-station, or a series of them, between the probity of the adversary system and the flexibility of private negotiations. Though not without an ideology, ADR has never had a unified theory to explain what it accomplishes and how it works. But enough experience has accumulated by now to permit a search for a more analytical understanding of ADR and the lessons it might teach.
Commercial Litigation In West Virginia State And Federal Courts, 1870-1940, Frank W. Munger
Commercial Litigation In West Virginia State And Federal Courts, 1870-1940, Frank W. Munger
Articles & Chapters
No abstract provided.
Inevitable Errors: The Preponderance Of The Evidence Standard In Civil Litigation, James Brook
Inevitable Errors: The Preponderance Of The Evidence Standard In Civil Litigation, James Brook
Articles & Chapters
No abstract provided.
Young Adults As A Cognizable Group In Jury Selection, Donald H. Zeigler
Young Adults As A Cognizable Group In Jury Selection, Donald H. Zeigler
Articles & Chapters
No abstract provided.
Introduction: Environmental Law Section, Second Circuit Review, 1974–75 Term, Ross Sandler
Introduction: Environmental Law Section, Second Circuit Review, 1974–75 Term, Ross Sandler
Articles & Chapters
No abstract provided.