Law Commons^™

Cafa's Impact On Litigation As A Public Good, Elizabeth Chamblee Burch

Scholarly Works

Class actions regulate when government fails. Perhaps this use as an ex post remedy when ex ante regulation founders explains the fervor and rhetoric surrounding Rule 23's political life. In truth, the class action does more than aggregate; it augments government policing and generates external societal benefits. These societal benefits - externalities - are the spillover effects from facilitating small claims litigation. In federalizing class actions through the Class Action Fairness Act (CAFA), Congress, in some ways, impeded class action practice, thereby negating its positive externalities and inhibiting backdoor regulation. This Article critically considers those effects on the common good. …

Summary Of Loomis V. Whitehead, 124 Nev. Adv. Op. No. 7, Emily Reed

Nevada Supreme Court Summaries

Appeal from a district court order granting partial summary judgment in a contract action. The appeal addresses whether NRS 602.070 bars a partnership operating under a fictitious name from bringing an action for breach of contract when the contract was not entered into under the fictitious name.

Summary Of Mclellan V. State, 124 Nev. Adv. Op. No. 25, Tyler Ure

Nevada Supreme Court Summaries

Appellant appeals conviction on 22 counts of sexual assault of a minor under 14 years of age and 20 counts of lewdness with a child under 14 years of age. Appellant argues the district court should not have entered telephone conversation recorded in California into evidence. Appellant also argues that evidence regarding uncharged acts should not have been admitted.

May Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

"China's Olympic Delusion" by Jeffrey N. Wasserstrom. Nation. March 19, 2008.

Seductions Of Imperialism: Incapacitating Life, Fetishizing Death And Catastrophizing Ecologies, Anna M. Agathangelou

Human Rights & Human Welfare

“China’s Olympic Delusion” is a great piece which gestures to the ironies and/or contradictions of political systems in bed with imperialist-capitalism as we know it at this time: the tensions between a dominant idea that liberal democracy is the best political system to pay attention to and address human rights, and capitalism with no limits, can go hand-in-hand. This is merely the delusion, and also the fantasy, that keeps “us” (i.e., citizens, intellectuals etc) put, and from thinking critically.

The Olympic Spotlight: The Beijing Games And China As A Future World Leader, Eric A. Heinze

Human Rights & Human Welfare

According to Jeffrey Wasserstrom’s article, if the Chinese think they can censor the Olympics, and the political showcasing that will almost certainly accompany them, they are sorely mistaken. I am persuaded by the thrust of this argument. I just hope that as China vies for global leadership and influence, whatever truths the Olympic spotlight reveals about its potential in this regard are more farcical than tragic.

Legal Beagle Blog (May 2008), Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

The Culpability Of Felony Murder, Guyora Binder

Journal Articles

Legal scholars are almost unanimous in condemning felony murder as a morally indefensible form of strict liability. This Article provides the long-missing principled defense of the felony murder doctrine. It argues that felony murder liability is deserved for killing negligently by means of a violent or apparently dangerous felony involving an additional malign purpose independent of physical injury to the victim killed. This claim follows from the simple idea that the guilt incurred in attacking or endangering others depends on one’s reasons for doing so. The article develops this idea into an expressive theory of culpability that assesses blame for …

Duress, Demanding Heroism And Proportionality, Luis E. Chiesa

Journal Articles

No abstract provided.

The Simpsons, 24, And The Law: How Homer Simpson And Jack Bauer Influence Congressional Lawmaking And Judicial Reasoning, Steven Keslowitz

Cardozo Law Review

No abstract provided.

Foreign Institutional Investment In India: What A Portfolio Manager Needs To Know About The Past, Present, And Potential Future Of India, Amelia Ames

Brigham Young University International Law & Management Review

No abstract provided.

Informational Advantages In An International World—Kurtzman & Yago's Global Edge: Using The Opacity Index To Manage The Risks Of Cross-Border Business, Ilmr Editors

Brigham Young University International Law & Management Review

No abstract provided.

Non-Signatories And The New York Convention, William W. Park

Faculty Scholarship

In the context of arbitrations subject to the New York Convention, the term ,non-signatory' might evoke several lines of inquiry. Must commitments to arbitrate be signed? What legal framework guides decision-making about who agreed to arbitrate? How should courts monitor an arbitrator's assertion of jurisdiction over someone who never signed an arbitration agreement?

The second of these matters - rules about who agreed to arbitrate - will retain our attention in this paper. While few commentators deny that arbitration rests on consent,¹ less unanimity exists about what exactly constitutes such consent when one side contests that it ever waived …

The Incomplete Global Market For Tax Information, Steven A. Dean

Faculty Scholarship

No abstract provided.

European Union Food Law Update, Emilie H. Leibovitch

Journal of Food Law & Policy

The following European Union Food Law Update will address significant changes in European Union (EU) food law that occurred between 2006 and early 2008. The update will be different from the previous ones, as it will instead be organized by the subject areas addressed by the developments. The published regulations, proposals, cases, and other relevant news will thus be incorporated under their corresponding topic headings.

Foreword, Christina Clemm

San Diego International Law Journal

The authors of Volume 9: Issue 2 of the San Diego International Law Journal discuss a myriad of issues, tackling emerging and pressing problems in international law. Three articles discuss different aspects of international investment in real estate. The others discuss remedies for victims under international and national law; the limits imposed on rule against double jeopardy in the United States, United Kingdom, and potentially other countries; and the possibility of defamation liability of Internet and global publishers in foreign courts.

Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein

San Diego International Law Journal

Parliament enacted a statute in 1996 intended to limit the double jeopardy bar in some situations in which the defendant obtained an acquittal through improper means, thereby permitting the government to retry the person for the same offense of which he previously was tried and acquitted. The statute, part of the Criminal Procedure and Investigations Act 1996, allows a retrial when an individual's acquittal was tainted, which, under the statute, means an acquittal resulting from interference with, or intimidation of, a juror, witness, or potential witness. In allowing a retrial in such circumstances, the statute creates an exception to the …

Acquisition Of Real Estate In Mexico By U.S. Citizens And American Companies, Jorge A. Vargas

San Diego International Law Journal

Buying real estate in Mexico, or enjoying the beneficiary rights through a real estate trust, known in Mexico as fideicomiso, involves a considerable amount of money and effort. One must take into account that this legal transaction is executed in Mexico in accordance with Mexican law-a foreign legal system belonging to the civil legal tradition, contrasted by the U.S. legal system derivative of the common law tradition-and recognize that Americans and U.S. legal entities are typically quite unfamiliar with Mexican law. This Article provides a complete overview of the process of acquiring real estate in Mexico by Americans and U.S. …

Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic

San Diego International Law Journal

The aim of this Article is to examine such developments and the current availability of remedies for human rights violations in general. The Author will also examine the appropriateness of such remedies and opportunities to pursue them. The Article starts by identifying remedies in international law. This is followed by a case study and analysis of attempts by several national judiciaries to grapple with remedies prescribed by international law, against the background of international and national remedies. In the course of examining the reasons for an inadequate remedial structure, the Article will focus on several national cases. They will illustrate …

The Proliferation Of Global Reits And The Cross-Borderization Of The Asian Market, Julius L. Sokol

San Diego International Law Journal

After a brief discussion on the history of REITs, this Article goes on to analyze their importance and role within the global and Asian economy. Next, the underlying motivations for legal amendments to the REIT structures are discussed, as well as the socio-economic benefits associated with coordinating liberal REIT legislation throughout Asia. Subsequently, this article analyzes the various regulatory aspects of the regimes in Japan, Singapore, Hong Kong, South Korea, Thailand and Malaysia. In exploring their shortcomings, comparisons are made to the highly successful United States REIT structure. Given the history of our nation's regime, it goes without saying that …

Confronting The Limits Of The First Amendment: A Proactive Approach For Media Defendants Facing Liability Abroad, Michelle A. Wyant

San Diego International Law Journal

This Article confronts the limits this issue imposes on the First Amendment in four parts. Part I described the potential for conflicting defamation laws and forum shopping to undermine the American media's speech protections in the context of the Internet and global publications and outlines the Article's overall method of analysis. Part II first orients these conflicting defamation laws with respect to their development from the common law. It then frames them in terms of the underlying structural and policy differences that have produced their substantive divergence. This frame provides the analytical perspective through which this Article examines the varying …

Title Insurance In Mexico: A Necessary Protection, Duplicative Expense, Or Something In Between, Christina Clemm

San Diego International Law Journal

This Comment is written for those interested in buying property in Mexico and for the professionals who advise them. It begins by analyzing whether title insurance companies provide a necessary service for those purchasing property in Mexico. This section of the Comment addresses issues related to the protections afforded by Mexican law and whether title insurance is duplicative in light of those protections. It also discusses another option for a buyer, obtaining an opinion from a Mexican attorney. It goes on to analyze whether having a title insurance company maneuver the Mexican courts is a justification for its purchase. It …

Table Of Contents - Cardozo Law Review, Volume 29, Issue 6

Cardozo Law Review

No abstract provided.

Defining Armed Conflict, Natasha Balendra

Cardozo Law Review

No abstract provided.

Detecting Lies Using Demeanor, Bias, And Context, Max Minzner

Cardozo Law Review

No abstract provided.

Against Freedom Of Commercial Expression, Tamara R. Piety

Cardozo Law Review

No abstract provided.

Employment Law As Labor Law, Benjamin I. Sachs

Cardozo Law Review

No abstract provided.

Finding Fault: Implications Of Importing The Title Vii Standard For Vicarious Punitive Liability To The Fair Housing Act, Jessica Reingold Katz

Cardozo Law Review

No abstract provided.

Intestate Inheritance Claims: Determining A Child's Right To Inherit When Biological And Presumptive Paternity Overlap, Megan Pendleton

Cardozo Law Review

No abstract provided.

Summary Of Johnson V. District Court, 124 Nev. Adv. Op. No. 23, Tyler Ure

Nevada Supreme Court Summaries

Petition for Writ of Mandamus or Writ of Prohibition challenging a district court order sealing a divorce case and a gag order restricting all parties and their attorneys from discussing the case with the public.