Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Procedure (4)
- Business Organizations Law (2)
- Civil Law (2)
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
-
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Common Law (1)
- Constitutional Law (1)
- Courts (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Dispute Resolution and Arbitration (1)
- Insurance (1)
- Insurance Law (1)
- International Law (1)
- International Relations (1)
- Legal Profession (1)
- Legal Studies (1)
- Litigation (1)
- Political Science (1)
- Social Control, Law, Crime, and Deviance (1)
- Social and Behavioral Sciences (1)
- Sociology (1)
- Torts (1)
- Transnational Law (1)
- Institution
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Law
The Silent Criminal Defendant And The Presumption Of Innocence: In The Hands Of Real Jurors, Is Either Of Them Safe, Mitchell J. Frank, Dawn Broschard
The Silent Criminal Defendant And The Presumption Of Innocence: In The Hands Of Real Jurors, Is Either Of Them Safe, Mitchell J. Frank, Dawn Broschard
Faculty Scholarship
No abstract provided.
Due Process And Punitive Damages: The Error Of Federal Excessiveness Jurisprudence, A. Benjamin Spencer
Due Process And Punitive Damages: The Error Of Federal Excessiveness Jurisprudence, A. Benjamin Spencer
ExpressO
The Supreme Court, in a line of several cases over the past decade, has established a rigorous federal constitutional excessiveness review for punitive damages awards based on the Due Process Clause. As a matter of substantive due process, says the Court, punitive awards must be evaluated by three “guideposts” set forth in BMW of North America v. Gore: the degree of reprehensibility of the defendant's conduct, the ratio between punitive and compensatory damages, and a comparison of the amount of punitive damages to any “civil or criminal penalties that could be imposed for comparable misconduct.” Following up on this pronouncement …
Limited Liability Company Citizenship: Reconsidering An Illogical And Inconsistent Choice, Debra R. Cohen
Limited Liability Company Citizenship: Reconsidering An Illogical And Inconsistent Choice, Debra R. Cohen
Journal Articles
The trend in diversity actions in Federal Court is to rigidly apply the formalistic rules for determining citizenship (aggregate or entity) to deem limited liability companies (LLCs) to have aggregate or "partnership" citizenship. While the approach is designed to reduce the federal docket; there is no evidence that it works. More importantly, this result-oriented approach is not based on well-reasoned analysis. This approach creates several illogical and inconsistent results. It bears no reflection on modern business realities, it undermines well established principles of law, and it undercuts the purpose for which diversity jurisdiction was established, This article suggests that, just …
The Forum Non Conveniens Dismissal In The Absence Of Subject-Matter Jurisdiction, David W. Feder
The Forum Non Conveniens Dismissal In The Absence Of Subject-Matter Jurisdiction, David W. Feder
Fordham Law Review
No abstract provided.
Jury Trial And The Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr.
Jury Trial And The Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Tom Baker, Albert H. Yoon
Offer-Of-Judgment Rules And Civil Litigation: An Empirical Study Of Automobile Insurance Litigation In The East, Tom Baker, Albert H. Yoon
All Faculty Scholarship
No abstract provided.