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Articles 11011 - 11040 of 11497
Full-Text Articles in Law
Ortiz Got It Wrong: Why The Seventh Amendment Does Not Protect The Right To Jury Trial In Class Action Suits Under Frcp 23, Joshua D. Stadtler
Ortiz Got It Wrong: Why The Seventh Amendment Does Not Protect The Right To Jury Trial In Class Action Suits Under Frcp 23, Joshua D. Stadtler
UC Law Journal
This Note argues that the Seventh Amendment's jury trial right does not include litigants in class suits and proposes returning class action suits to their equity roots. Part I explores the historical trajectory of class action suits, beginning with their emergence under equity and their status within the Seventh Amendment's law/equity distinction. It then explores the early American jurisprudential recognition of them as exclusively in equity and the erosion of this recognition in the wake of the Rules Enabling Act and the Federal Rules of Civil Procedure. Part II surveys the arc of Supreme Court decisional law that led to …
Personal Jurisdiction Over Foreign Directors In Cross-Border Securities Litigation, Hannah L. Buxbaum
Personal Jurisdiction Over Foreign Directors In Cross-Border Securities Litigation, Hannah L. Buxbaum
Articles by Maurer Faculty
No abstract provided.
Establishment': A Core Concept In Chinese Inbound Income Taxation, Wei Cui
Establishment': A Core Concept In Chinese Inbound Income Taxation, Wei Cui
All Faculty Publications
Analogous with the concept of a US "trade or business" in US federal income tax law, the concept of "establishment" under Chinese tax law determines the boundary between net-income and gross-income taxation of inbound investments. As central as the concept is, it has received surprisingly little interpretation. As China increasingly opens to foreign portfolio investment and makes new non-corporate business forms available to foreigners, the term is urgently in need of clarification. This Article describes the recent regulatory and commercial developments in China that may rekindle interest in elaborating the meaning of "establishment." It then discusses the interpretations that have …
Principles-Based Securities Regulation In The Wake Of The Global Financial Crisis, Cristie Ford
Principles-Based Securities Regulation In The Wake Of The Global Financial Crisis, Cristie Ford
All Faculty Publications
This paper seeks to re-examine, and ultimately to restate the case for, principles-based securities regulation in light of the global financial crisis and related developments. Prior to the onset of the crisis, the concept of more principles-based financial regulation was gaining traction in regulatory practice and policy circles, particularly in the United Kingdom and Canada. The crisis of course cast financial regulatory systems internationally, including more principles-based approaches, into severe doubt. This paper argues that principles-based securities regulation as properly understood remains a viable and even necessary policy option, which offers solutions to the real-life and theoretical challenge that the …
Reputation In A Networked World: Revisiting The Social Foundations Of Defamation Law, David S. Ardia
Reputation In A Networked World: Revisiting The Social Foundations Of Defamation Law, David S. Ardia
Faculty Publications
No abstract provided.
Free Speech Savior Or Shield For Scoundrels: An Empirical Study Of Intermediary Immunity Under Section 230 Of The Communications Decency Act,, David S. Ardia
Free Speech Savior Or Shield For Scoundrels: An Empirical Study Of Intermediary Immunity Under Section 230 Of The Communications Decency Act,, David S. Ardia
Faculty Publications
No abstract provided.
First Amendment Limits On Libraries’ Discretion To Manage Their Collections, Anne Klinefelter
First Amendment Limits On Libraries’ Discretion To Manage Their Collections, Anne Klinefelter
Faculty Publications
No abstract provided.
Medical Research Regulation After More Than Twenty-Five Years: Old Problems, New Challenges, And Regulatory Imbalance, Richard S. Saver
Medical Research Regulation After More Than Twenty-Five Years: Old Problems, New Challenges, And Regulatory Imbalance, Richard S. Saver
Faculty Publications
No abstract provided.
Self-Defense, John V. Orth
The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha Weissman
The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha Weissman
Faculty Publications
No abstract provided.
Expert Witnesses: The Nevada Supreme Court Clarifies Adherence To Nrs 50.275 And Judicial Discretion, Expressly Declining To Embrace The Federal Daubert Approach, Jeffrey W. Stempel
Expert Witnesses: The Nevada Supreme Court Clarifies Adherence To Nrs 50.275 And Judicial Discretion, Expressly Declining To Embrace The Federal Daubert Approach, Jeffrey W. Stempel
Scholarly Works
No abstract provided.
Snyder V. Phelps: Searching For A Legal Standard, Leslie C. Griffin
Snyder V. Phelps: Searching For A Legal Standard, Leslie C. Griffin
Scholarly Works
No abstract provided.
Book Review: "The Lost History Of The Ninth Amendment", Thomas B. Mcaffee
Book Review: "The Lost History Of The Ninth Amendment", Thomas B. Mcaffee
Scholarly Works
No abstract provided.
Review Essay: Religion And Politics 2008-2009: Sometimes You Get What You Pray For, Leslie C. Griffin
Review Essay: Religion And Politics 2008-2009: Sometimes You Get What You Pray For, Leslie C. Griffin
Scholarly Works
No abstract provided.
The Weiner-Rogers Law Library: An Invaluable Legal Resource, Jeanne Price
The Weiner-Rogers Law Library: An Invaluable Legal Resource, Jeanne Price
Scholarly Works
No abstract provided.
Social Security Benefits Formula 101: A Practical Primer, Francine J. Lipman
Social Security Benefits Formula 101: A Practical Primer, Francine J. Lipman
Scholarly Works
No abstract provided.
Symposium, The Legal Writing Institute: Celebrating 25 Years Of Teaching And Scholarship, Terrill Pollman
Symposium, The Legal Writing Institute: Celebrating 25 Years Of Teaching And Scholarship, Terrill Pollman
Scholarly Works
This is the transcript of Mercer Law Review’s Symposium, The Legal Writing Institute: Celebrating 25 Years of Teaching & Scholarship. In this Symposium Linda Edwards, among other panelists, discussed the work that goes into producing scholarship.
Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, Joseph A. Tomain
Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, Joseph A. Tomain
Articles by Maurer Faculty
Normative and doctrinal analysis shows that schools do not possess jurisdiction over offensive online student speech, at least when it does not cause a substantial disruption of the school environment. This article is a timely analysis on the limits of school jurisdiction over offensive online student speech.
On February 4, 2010, two different Third Circuit panels issued opinions reaching opposite conclusions on whether schools may punish students based on online speech created by students when they are off-campus. The Third Circuit vacated both decisions and is considering these cases in a consolidated en banc appeal. Another case addressing the same …
Competence And Member State Autonomy: Causality, Consequence And Legitimacy, Paul Craig
Competence And Member State Autonomy: Causality, Consequence And Legitimacy, Paul Craig
Articles by Maurer Faculty
The scope of EU competence and the limits on Member State autonomy can validly be analyzed from a variety of perspectives. This chapter considers one such perspective, the prevailing concern about the scope and exercise of EU competence. This concern is often based on the premise that some reified entity called the EU has increasingly arrogated power, with a consequent diminution of national autonomy that the Member States have been unable to resist, and the ECJ is frequently regarded as bearing primary responsibility. it will however be argued in the first half of this chapter that the Community courts were …
The Argument For Same-Sex Marriage (Debate), Deborah A. Widiss, Nelson Tebbe, Shannon Gilreath
The Argument For Same-Sex Marriage (Debate), Deborah A. Widiss, Nelson Tebbe, Shannon Gilreath
Articles by Maurer Faculty
Perry v. Schwarzenegger, in which a federal district court held California's ban on same-sex marriages unconstitutional, is set for expedited review in the Ninth Circuit; many argue that the case will ultimately be decided by the Supreme Court. The arguments for and against the constitutionality of such statutes are thus at a fever pitch. In an article published earlier this year, Professors Nelson Tebbe and Deborah Widiss argued that marriage rights are best conceived of as an issue of equal access, rather than one of equal protection or substantive due process. Nelson Tebbe & Deborah A. Widiss, Equal Access and …
The Many Faces Of Strict Scrutiny: How The Supreme Court Changes The Rules In Race Cases, Evan Gerstmann, Christopher Shortell
The Many Faces Of Strict Scrutiny: How The Supreme Court Changes The Rules In Race Cases, Evan Gerstmann, Christopher Shortell
Political Science Faculty Publications and Presentations
In this paper, we argue that there is no single test called strict scrutiny when the Court considers claims of racial discrimination. In fact, the Court changes the rules depending on why and how the government is using race. By examining racial redistricting, remedial affirmative action, and diversitybased affirmative action cases, we show how the Court uses at least three very different versions of strict scrutiny. The costs of maintaining the fiction of unitary strict scrutiny is high. In the area of racial profiling, for example, courts refuse to apply strict scrutiny for fear that it will either overly hamper …
The Expansion Of Defense Counsel Liability To Include Malpractice Claims By Insurance Companies: How The West Was Won, Johnny Parker
The Expansion Of Defense Counsel Liability To Include Malpractice Claims By Insurance Companies: How The West Was Won, Johnny Parker
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Guest Editor's Introduction, Special Issue: Ensuring Access To Justice For Self-Represented, Amy Applegate
Guest Editor's Introduction, Special Issue: Ensuring Access To Justice For Self-Represented, Amy Applegate
Articles by Maurer Faculty
I am pleased to be the guest editor of his special issue of Family Court Review, which focuses on "Access to Justice for Self-Represented Litigants." I am even more pleased that this issue includes articles written by some of the leaders of Indiana's pro bono legal community; several outstanding students; my collaborators who conduct research about the effect of self-representation in the mediation context, especially where there is intimate partner violence or abuse (IPVA); and colleagues in the national clinical and law school pro bono community whose students provide pro bono services to disadvantaged or marginalized individuals with family …
Getting Right Without Lincoln, Daniel W. Hamilton
Getting Right Without Lincoln, Daniel W. Hamilton
Scholarly Works
No abstract provided.
Transnational Legal Practice 2009, Carole Silver, Laurel S. Terry, Ellyn S. Rosen
Transnational Legal Practice 2009, Carole Silver, Laurel S. Terry, Ellyn S. Rosen
Articles by Maurer Faculty
This article identifies some of the most important U.S. and international developments in transnational legal practice and provides citations for further research. The article begins by briefly reviewing the impact of the recession on legal services. The second section focuses on international developments. It identifies some of the ongoing efforts to implement the 2007 U.K. Legal Services Act, including the issuance of the influential Hunt and Smedley reports. It also provides information about law reform initiatives in France, Scotland and Korea. This section of the article also provides information about Canadian and Australian developments regarding admission of foreign applicants and …
Academic Freedom And Academic Responsibility, Nancy B. Rapoport
Academic Freedom And Academic Responsibility, Nancy B. Rapoport
Scholarly Works
In this review of Matthew W. Finkin & Robert C. Post, For the Common Good: Principles of Academic Freedom (Yale University Press 2009), I examine Finkin & Post's study of academic freedom in U.S. higher education institutions and link the issues surrounding academic freedom to the issues surrounding shared governance. I argue that the problems with shared governance can create a race to the bottom in academic units.
Minimizing The Harm Of State Fiscal Volatility, David Gamage, Jeremy Bearer-Friend
Minimizing The Harm Of State Fiscal Volatility, David Gamage, Jeremy Bearer-Friend
Articles by Maurer Faculty
This report’s primary concern is how U.S. state governments should respond to the fiscal volatility created by their balanced budget constraints. Applying the principles of risk allocation theory to this recurring problem, we conclude that states should primarily adjust the rates of broad-based taxes as their economies cycle, rather than fluctuating public spending.
Managing Fiscal Volatility By Redefining "Tax Cuts" And "Tax Hikes", David Gamage, Jeremy Bearer-Friend
Managing Fiscal Volatility By Redefining "Tax Cuts" And "Tax Hikes", David Gamage, Jeremy Bearer-Friend
Articles by Maurer Faculty
This report analyzes how states should cope with fiscal volatility at the level of institutional-design policy. We propose that states reconsider how they define terms like ‘‘tax cuts’’ and ‘‘tax hikes.’’ By adopting a new baseline for defining those terms, states can increase the likelihood of using tax rate adjustments to cope with fiscal volatility rather than more harmful spending fluctuations.
The Legal Writing Institute: Celebrating 25 Years Of Teaching & Scholarship, Mary Beth Beazley
The Legal Writing Institute: Celebrating 25 Years Of Teaching & Scholarship, Mary Beth Beazley
Scholarly Works
Professor Beazley joins a panel of the elite of legal writing professors at Mercer University, celebrating the 25th anniversary of the Legal Writing Institute in this transcript of the proceedings.
Scientific Understandings Of Postpartum Illness: Improving Health Law And Policy?, Stacey A. Tovino
Scientific Understandings Of Postpartum Illness: Improving Health Law And Policy?, Stacey A. Tovino
Scholarly Works
In its broadest sense, the Article examines the relationship between science and the law in the context of postpartum illness. From classical antiquity to the present day, physicians and scientists have investigated the causes, correlates, and consequences of the depressions and psychoses that develop in some women following their transition to motherhood. The scientific investigation of postpartum illness has been characterized by an open-ended search for knowledge with the recgonition that scientific findings published one day are subject to revision the next. Legislators and judges also have sought to understand postpartum illness as necessary to make laws that affect and …