Law Commons^™

Table Of Contents

LSU Journal of Energy Law and Resources

No abstract provided.

Faculty

LSU Journal of Energy Law and Resources

No abstract provided.

Shady Grove On The Bayou: Louisiana’S Procedural Limitations On Legacy Oil Suits In A Post-Shady Grove Orthopedic Associates, P.A. V. Allstate Ins. Co. Landscape, Brian Lindsey

LSU Journal of Energy Law and Resources

No abstract provided.

Renewing The Budget: Recommendations For Louisiana’S Renewable Energy Tax Credit, Joe Ellison

LSU Journal of Energy Law and Resources

No abstract provided.

Clearing The Air: The Misguided Ruling Of Eme Homer And The Future Of Interstate Pollution Regulation, Spencer King

LSU Journal of Energy Law and Resources

No abstract provided.

Confusion Isn't Everything, Mark P. Mckenna, William Mcgeveran

Journal Articles

The typical shorthand justification for trademark rights centers on avoiding consumer confusion. But in truth, this encapsulation mistakes a method for a purpose: confusion merely serves as an indicator of the underlying problems that trademark law seeks to prevent. Other areas of law accept confusion or mistake of all kinds, intervening only when those errors lead to more serious harms. Likewise, every theory of trademark rights considers confusion troubling solely because it threatens more fundamental values such as fair competition or informative communication. In other words, when it comes to the deep purposes of trademark law, confusion isn’t everything. Yet …

How Much Is That Lawsuit In The Window; Pricing Legal Claims, Maya Steinitz

Faculty Scholarship

This article poses the question: How should parties to litigation finance agreements – third party funding or contingency fees – deal with the inherent difficulty in pricing legal claims? It answers that a practical solution would be to use staged funding. Staged funding side-step the impossibility of accurately pricing litigation ex ante by allowing re-pricing and exit that are pegged to information disclosure. Done right, staging allows all parties to minimize the effects of uncertainty, better price their bargain, optimize the distribution of the proceeds of litigation between its different investors – far beyond practices common today. Staged funding also …

Global Health And Human Rights: Legal And Philosophical Perspectives; The Right To Health In International Law, Erika George

Faculty Scholarship

John Harrington and Maria Stuttaford (eds). Global Health and Human Rights: Legal and Philosophical Perspectives. New York: Routledge, 2010. Pp. 232. £85 (pbk £24.99). ISBN: 9780415479387.

John Tobin. The Right to Health in International Law. New York: Oxford University Press, 2012. Pp. 440. £74. ISBN: 9780199603299.

Two recent publications present a defence of the right to health as it is articulated in international law and also provide insights into the array of impediments to realizing the health right. Despite a perceived conceptual lack of coherence and a limited appreciation of its relevance among health care professionals identified in …

Screening Legal Claims Based On Third-Party Litigation Finance Agreements And Other Signals Of Quality, Michael Abramowicz, Omer Alper

Vanderbilt Law Review

The advent of third-party litigation finance introduces a new gatekeeper to the legal process. Before deciding to lend money to a plaintiff, a litigation finance company will conduct at least some review and make an assessment of the quality of the case.' Since litigation finance loans are generally nonrecourse, a litigation finance company is likely to refuse to loan money to plaintiffs with the weakest cases. Such voluntary claim screening may improve social welfare by reducing the incidence of frivolous claims. But the volume of frivolous claims may still be higher than it would be in a world without third-party …

Setting Attorneys' Fees In Securities Class Actions: An Empirical As, Lynn A. Baker, Michael A. Perino, Charles Silver

Vanderbilt Law Review

n 1995, Congress overrode President Bill Clinton's veto and enacted the Private Securities Litigation Reform Act ("PSLRA"), a key purpose of which was to put securities class actions under the control of institutional investors with large financial stakes in the outcome of the litigation.' The theory behind this policy, set out in a famous article by Professors Elliot Weiss and John Beckerman, was simple: self-interest should encourage investors with large stakes to run class actions in ways that maximize recoveries for all investors. These investors should naturally want to hire good lawyers, incentivize them properly, monitor their actions, and reject …

What Should We Do About Multijurisdictional Litigation In M&A Deals?, Randall S. Thomas

Vanderbilt Law Review

Companies and their investors have been battling over the value of representative shareholder litigation since at least the 1940s. Investors argue that managerial agency costs are high and that class actions and derivative suits are key shareholder monitoring mechanisms that they can deploy to keep managers in line. Companies, on the other hand, believe that the plaintiffs' bar drives representative litigation claims, as agency costs in contingency fee suits make the lawyer the real party in interest. Over the past several decades, there have been numerous skirmishes between these two sets of actors, manifesting themselves, for example, in congressional debates …

The Inclusiveness Of The New Originalism, James E. Fleming

Faculty Scholarship

In tracing the arc of originalism from the old originalism to the new, I observe a shift from an exclusionary outlook to an inclusionary outlook, reflected in new originalists’ proclamations that “we are all originalists now.” As my title suggests, I am going to bring out the inclusiveness of the new originalism and ponder its implications. The new originalists have emphasized two developments: (1) the movement from a focus on “intention of the framers” to “original public meaning” and (2) the articulation of and emphasis on the distinction between interpretation and construction. My main points are two. First, the inclusiveness …

The Right To Quantitative Privacy, David Gray, Danielle K. Citron

Faculty Scholarship

We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances in surveillance technology. Governments and their private sector agents continue to invest billions of dollars in massive data-mining projects, advanced analytics, fusion centers, and aerial drones, all without serious consideration of the constitutional issues that these technologies raise. In United States v. Jones, the Supreme Court signaled an end to its silent acquiescence in this expanding surveillance state. In that case, five justices signed concurring opinions defending a revolutionary proposition: that citizens have Fourth Amendment interests in substantial quantities of …

Dynamic Expansion, Nicole Huberfeld

Faculty Scholarship

Nearly one in four Americans will have medical care and costs covered by the Medicaid program when it has been expanded pursuant to the Patient Protection and Affordable Care Act (the ACA). National media outlets have been reporting that only about half of the states are participating in the Medicaid expansion; if the reports were true, millions of Americans would be left without insurance coverage, and many of the nation’s medically fragile citizens would not have access to consistent healthcare. Contrary to these reports, most states will participate in the Medicaid expansion in the near future. This claim is not …

Understanding Causation In Private Securities Lawsuits: Building On Amgen, James D. Cox

Vanderbilt Law Review

The securities antifraud provision is a bastard. It has no indisputable parentage; its existence is attributed to a federal statute, but its features are borrowed from state law, a body of law that the enacting Congress presumably believed was inadequate.' Why would Congress borrow from state law that it considered deficient? Even though the antifraud provision has come of age largely through judicial construction similar to the laudatory process that underlies our common law, critics attack the antifraud provision like no comparable common-law development. To many scholars, private antifraud suits are not viewed as a net benefit, but as a …

Issue 1: Annual Survey 2013 Table Of Contents

University of Richmond Law Review

No abstract provided.

Civil Practice And Procedure, Andrew P. Sherrod, Jaime B. Wisegarver

University of Richmond Law Review

This article surveys recent significant developments in Virginia civil practice and procedure. The article discusses opinions of theSupreme Court of Virginia from June 2012 through June 2013 addressing civil procedure topics, significant amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period, and legislation enacted by the Virginia General Assembly during its 2013 session that relates to civil practice.

Preface, Christopher W. Bascom

University of Richmond Law Review

No abstract provided.

Lawyers And Precedent, Harlan G. Cohen

Scholarly Works

Despite common references to the “invisible college of international lawyers,” and the doctrinal role granted to “the most highly qualified publicists of the various nations,” the role of lawyers, as lawyers, in the creation, development, and maintenance of the international legal order remains oddly underexplored. This short essay, prepared as part of a symposium on “The Role of Non-State Actors in International Law,” explores the role of lawyers as independent actors within international law. It argues that focusing on lawyers can help provide insights into how international law develops — specifically here, how and why a practice of precedent seems …

Acqui-Hiring, John F. Coyle, Gregg D. Polsky

Duke Law Journal

Facebook, Google, and other leading technology companies in Silicon Valley have been buying start-up companies at a brisk pace. In many of these transactions, the buyer has little interest in acquiring the startup's projects or assets. Instead, the buyer's primary motivation is to hire some or all of the startup's software engineers. These so-called "acqui-hires" represent a novel—and increasingly common—tool by which the largest and most successful technology companies in the world satisfy their intense demand for engineering talent.

To date, the acqui-hire has attracted no attention in the academic or professional legal literature. With this Article, we aspire to …

Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel

Cornell Law Faculty Publications

Litigation investment, which is also known as “litigation finance” or “third party litigation finance,” has grown in importance in many common law and civilian legal systems and has come to the United States as well. While many questions remain about both legality and social desirability of litigation finance, this paper starts with the assumption that the practice will become widespread in the US and explores the obligations of the parties to the litigation finance contract.

The first part of the article uses an example to illustrate the risks imposed by one of the other party on the other which should …

Cyber-Republicanism, Sarah Tran

William & Mary Law Review

In 1787 at the dawn of our nation, the Founding Fathers were embroiled in a raging debate over the role citizens and special interest groups should play in our political system. The Founding Fathers viewed influence from interest groups as a threat to government decision making, but they differed in their responses to this perceived problem. Proponents of republicanism, one of the dominant conceptions of politics at that time, adopted an optimistic approach. They anticipated that government leaders and citizens, guided by their education and civic virtue, would not allow factional tyranny to flourish. This republican optimism continues to markedly …

Rethinking Review Standards In Asylum, Andrew Tae-Hyun Kim

William & Mary Law Review

Factual findings drive asylum adjudication. If immigration judges get them wrong, they risk sending refugees back to persecution. Recent studies have exposed an immigration agency that is prone to inaccurate and ill-considered fact-finding due to its structural problems. Without the political will or the financial capital necessary to fix what many acknowledge as a compromised system of adjudication, the agency may continue to render decisions that cast doubt on its capability and expertise. With an agency either unable or unwilling to ensure an accurate and fair fact-finding process, the first meaningful review of an asylum applicant’s claim happens at the …

Flunking The Class-Of-One/Failing Equal Protection, William D. Araiza

William & Mary Law Review

This Article considers the equal protection “class-of-one” doctrine in light of recent developments, both at the Supreme Court and in the lower courts. After Part I explains the background and current state of the doctrine, Part II considers how that doctrine provides insights into such basic equal protection concepts as discriminatory intent and animus. It also critiques the Court’s analysis of the class-of-one, arguing that the Court has mishandled these concepts and in so doing caused doctrinal anomalies and lower court confusion. Part II offers an alternative approach to the class-of-one that corrects those problems while still addressing the concerns …

Web-Scale Discovery And Federated Search, Valeri Craigle

Utah Law Faculty Scholarship

In stark contrast to the library card catalogs of old, today’s library search interfaces offer much more than one-dimensional, item-specific searching. Users are now engaged in a process of discovery in which they are empowered to control not only the sources of content being searched, but also the context into which information is delivered, and the platform onto which information is synthesized. By eliminating the barriers to information discovery, law libraries can position themselves as true partners in this process, defining their mission in new ways, and providing critical services in an ever-complex information ecosystem.

Citizenship And The Law Of Time In The United States, Elizabeth F. Cohen

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Bill Suter: General, Ambassador, Tulanian, David D. Meyer

Faculty Scholarship

No abstract provided.

Originalism, The Why And The What, Larry Alexander

Fordham Law Review

No abstract provided.

Meaning And Belief In Constitutional Interpretation, Andrei Marmor

Fordham Law Review

No abstract provided.