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Full-Text Articles in Law

Toward A Functional Approach To Sovereign Equality, Peter B. Rutledge Dec 2012

Toward A Functional Approach To Sovereign Equality, Peter B. Rutledge

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Under the principle of sovereign equality of nations, nation states are entitled to equal dignity (evidenced by conventions like their voting rights in the United Nations), have the identical capacity to contract (evidenced by their ability to enter into treaties), and are not subject to a superior sovereign (evidenced by the lack of a global leviathan). This principle also has had an important effect in the field of international civil litigation, in areas such as judicial jurisdiction or sovereign immunity. As that principle has weakened over the twentieth century, risks of aggravation to comity have risen, resulting in the development ...


Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown Jul 2012

Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown

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It is a well-settled and often-recited fact that lawyers are “officers of the court.” That title, however, is notoriously hortatory and devoid of meaning. Nevertheless, the Eleventh Circuit recently took the somewhat unprecedented step of utilizing the officer-of-the-court label to, in effect, sanction an attorney for the purportedly uncivil act of failing to provide defendant attorneys with pre-suit notice. While the author applauds the court’s desire to place greater emphasis on lawyer-to-lawyer collegiality as a component of officer-of-the-court status, the uncertainty the decision creates in terms of a lawyer’s role will potentially force litigators to compromise important client-centered ...


Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel Jan 2012

Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel

Scholarly Works

No abstract provided.


Gat, Solvay, And The Centralization Of Patent Litigation In Europe, Marketa Trimble Jan 2012

Gat, Solvay, And The Centralization Of Patent Litigation In Europe, Marketa Trimble

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No abstract provided.


Toward A Law Of "Lovely Parting Gifts": Conditioning Forum Non Conveniens Dismissals, Thomas O. Main Jan 2012

Toward A Law Of "Lovely Parting Gifts": Conditioning Forum Non Conveniens Dismissals, Thomas O. Main

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No abstract provided.