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2015

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Articles 1531 - 1560 of 14364

Full-Text Articles in Law

The Class Abides: Class Actions And The "Roberts Court", Elizabeth J. Cabraser Oct 2015

The Class Abides: Class Actions And The "Roberts Court", Elizabeth J. Cabraser

Akron Law Review

This Article does not delve deeply into the substantive issues of Wal-Mart, Concepcion, or Italian Colors...My focus is on how Rule 23 has fared, structurally and practically, in the aftermath of the “common answer” formulation of Wal-Mart; three other decisions of the Roberts Court, Dukes, Amgen, and Comcast; and three cases that the Roberts Court did not ultimately take in the wake of Amgen and Comcast: its denials of review in Whirlpool, Butler, and Deepwater. Also discussed is the newly intense debate on the use of cy pres, catalyzed by Chief Justice Roberts’ extraordinary “Statement” accompanying the denial of certiorari …


Front-Loading, Avoidance, And Other Features Of The Recent Supreme Court Class Action Jurisprudence, Richard D. Freer Oct 2015

Front-Loading, Avoidance, And Other Features Of The Recent Supreme Court Class Action Jurisprudence, Richard D. Freer

Akron Law Review

This Article discusses each of the thirteen Supreme Court decisions with the goal of drawing at least tentative conclusions for their impact on federal class practice. The thirteen decisions may be placed into five groups. Only three of the cases directly involve the general interpretation and application of Rule 23, while the other ten fall into four particular substantive areas. Reflecting these divisions, this Article proceeds in five parts. Part I discusses the three cases directly interpreting Rule 23. Part II addresses the three decisions involving securities classes brought under Rule 10b-5. Part III discusses the three decisions involving the …


Back To Class: Lessons From The Roberts Court Class Action Jurisprudence, Bernadette Bollas Genetin Oct 2015

Back To Class: Lessons From The Roberts Court Class Action Jurisprudence, Bernadette Bollas Genetin

Akron Law Review

This symposium issue on The Class Action After a Decade of Roberts Court Decisions provides perspectives on how the class action has fared under persistent Supreme Court scrutiny. Over the past ten years, the Roberts Court has repeatedly returned to questions concerning class action litigation...This ten-year retrospective on the Roberts Court’s class action decisions provides a timely opportunity to reflect on the Supreme Court’s institutional role in construing the Federal Rules and in creating class action policy through decisions construing Rule 23...The contributors to this symposium focus on the Roberts Court class action decisions as a whole; the Roberts Court’s …


Bernard Woods, Et Al., V. Cheyenne River Sioux Tribal Council, Frank Pommersheim Oct 2015

Bernard Woods, Et Al., V. Cheyenne River Sioux Tribal Council, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.


Protecting Cultural Property In Non-International Armed Conflicts: Syria And Iraq, Louise Arimatsu, Mohbuba Choudhury Oct 2015

Protecting Cultural Property In Non-International Armed Conflicts: Syria And Iraq, Louise Arimatsu, Mohbuba Choudhury

International Law Studies

The deliberate destruction by ISIS of religious and cultural property in both Syria and Iraq sparked widespread international condemnation and was described by UNESCO’s Director-General as constituting war crimes. Regrettably, the damage to and destruction of such property has become an all too common feature of the conflicts that have engulfed both States. The authors examine the legal obligations that apply to the parties in non-international armed conflict and the consequences of non-compliance. In light of the scale of the human suffering engendered by the conflicts, the authors first ask why international law protects such property in armed conflict.


Short Presentations Followed By Facilitated Discussions, James Houck, David Titley, Michael Mann Oct 2015

Short Presentations Followed By Facilitated Discussions, James Houck, David Titley, Michael Mann

Penn State Symposium on the Arctic

Retired Navy Vice Adm. James W. Houck is interim dean and Distinguished Scholar in Residence at Penn State Law and the School of International Affairs. Houck focuses his research and teaching on international law and national security law, with a particular emphasis on the law of the sea and the law of armed conflict. He joined Penn State in 2012 after retiring as the 41st judge advocate general of the U.S. Navy, during which time he was the principal military legal counsel to the secretary of the Navy and chief of naval operations. In this role, he led the 2,300 …


Law, Regulation, And Policy In The Arctic, Michael D. Farber, Klaus Keller Oct 2015

Law, Regulation, And Policy In The Arctic, Michael D. Farber, Klaus Keller

Penn State Symposium on the Arctic

Klaus Keller is a professor of geosciences at Penn State, with an adjunct appointment as a professor of engineering and public policy at Carnegie Mellon University. At Penn State, Keller directs the Center for Climate Risk Management (CLIMA) as well as the NSF-sponsored research network for Sustainable Climate Risk Management (SCRiM). Before joining Penn State, he worked as a research scientist and lecturer at Princeton University and as an engineer in Germany. Keller graduated from Princeton with a Ph.D. in civil and environmental engineering. He received master’s degrees from M.I.T. and Princeton as well as an engineer’s degree from …


Nga Brings Geospatial Intelligence To The Arctic, Rachel Bernstein Oct 2015

Nga Brings Geospatial Intelligence To The Arctic, Rachel Bernstein

Penn State Symposium on the Arctic

No abstract provided.


Keynote - Why The Rapidly Changing Arctic Matters To Science, Hon. Fran Ulmer Oct 2015

Keynote - Why The Rapidly Changing Arctic Matters To Science, Hon. Fran Ulmer

Penn State Symposium on the Arctic

Fran Ulmer is chair of the U.S. Arctic Research Commission, where she has served since being appointed by President Barack Obama in March 2011. In June 2010, Obama appointed her to the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling. From 2007 to 2011, Ulmer was chancellor of Alaska's largest public university, the University of Alaska Anchorage (UAA). Prior to that, she was a Distinguished Visiting Professor of Public Policy and director of the Institute of Social and Economic Research at UAA. She is a member of the Arctic Council chairmanship, the global board of The …


Keynote - Arctic Council Update: Perspective From The Chairmanship, Robert J. Papp Jr Oct 2015

Keynote - Arctic Council Update: Perspective From The Chairmanship, Robert J. Papp Jr

Penn State Symposium on the Arctic

Retired Coast Guard Adm. Robert J. Papp Jr. became the State Department’s special representative for the Arctic in July 2014. He leads the effort to advance U.S. interests in the Arctic region, with a focus on Arctic Ocean governance, climate change, economic, environmental, and security issues in the Arctic region as a member of the Arctic Council chairmanship. Prior to this appointment, Papp served as the 24th commandant of the U.S. Coast Guard, and led the largest component of the Department of Homeland Security. As a flag officer,Papp served as commander, Coast Guard Atlantic Area; chief of staff for the …


Reply Brief For Plaintiff-Appellant Guy Zappulla, Betsy Ginsberg Oct 2015

Reply Brief For Plaintiff-Appellant Guy Zappulla, Betsy Ginsberg

Amicus Briefs

Betsy Ginsberg filed a Reply Brief for Plaintiff-Appellant Guy Zappulla.


Non-Party John W. Robinson Iii's Application For Protective Order, John J. Goger Oct 2015

Non-Party John W. Robinson Iii's Application For Protective Order, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.


2015 Esther Clark Moot Court Competition: Finals, Roger Williams University School Of Law Oct 2015

2015 Esther Clark Moot Court Competition: Finals, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Doj’S “All-Tools” Approach To Cyber And National Security, Peter Margulies Oct 2015

Doj’S “All-Tools” Approach To Cyber And National Security, Peter Margulies

Law Faculty Scholarship

No abstract provided.


When They Don't Want Your Corn: The Most Effective Tort Claims For Plaintiffs Harmed By Seed Companies Whose Genetically Engineered Seeds Produced More Problems Than Profits, Sarah Holm Oct 2015

When They Don't Want Your Corn: The Most Effective Tort Claims For Plaintiffs Harmed By Seed Companies Whose Genetically Engineered Seeds Produced More Problems Than Profits, Sarah Holm

Hamline Law Review

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Professional Athletes Are "Seeing Stars": How Athletes Are "Knocked-Out" Of States' Workers' Compensation Systems, Matthew Friede Oct 2015

Professional Athletes Are "Seeing Stars": How Athletes Are "Knocked-Out" Of States' Workers' Compensation Systems, Matthew Friede

Hamline Law Review

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Defending The Black Sheep Of The Forensic Dna Family: The Case For Implementing Familial Dna Searches In Minnesota, Amy Liberty Oct 2015

Defending The Black Sheep Of The Forensic Dna Family: The Case For Implementing Familial Dna Searches In Minnesota, Amy Liberty

Hamline Law Review

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You're In The Army Now! Reforming Military Enlistment Contracts, Jason Steck Oct 2015

You're In The Army Now! Reforming Military Enlistment Contracts, Jason Steck

Hamline Law Review

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Paradoxes, Parallels And Fictions: The Case For Landlord Tort Liability Under The Revised Uniform Residential Landlord-Tenant Act, Shelby D. Green Oct 2015

Paradoxes, Parallels And Fictions: The Case For Landlord Tort Liability Under The Revised Uniform Residential Landlord-Tenant Act, Shelby D. Green

Hamline Law Review

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Criminal Justice And The 2013-2014 United States Supreme Court Term, Madhavi M. Mccall, Michael A. Mccall, Christopher E. Smith Oct 2015

Criminal Justice And The 2013-2014 United States Supreme Court Term, Madhavi M. Mccall, Michael A. Mccall, Christopher E. Smith

Hamline Law Review

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Sterling Fiduciaries, Llc, A Utah Limited Liabilty Company As Trustee Of Stone Unturned Trust, Appellant, Vs. Jpmorgan Chase Bank, N.A., Appellee, Utah Court Of Appeals Oct 2015

Sterling Fiduciaries, Llc, A Utah Limited Liabilty Company As Trustee Of Stone Unturned Trust, Appellant, Vs. Jpmorgan Chase Bank, N.A., Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Third Judicial District Court for Salt Lake County, State of Utah Civil No. 130412969; Honrable James D. Gardner


Tim Carson, Petitioner/Appellee, V. Tom Barnes, Respondent/Appellant, Utah Court Of Appeals Oct 2015

Tim Carson, Petitioner/Appellee, V. Tom Barnes, Respondent/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Tooele County, State of Utah the Honorable Robert Adkins


Vol. 49, No. 08 (October 19, 2015) Oct 2015

Vol. 49, No. 08 (October 19, 2015)

Indiana Law Annotated

No abstract provided.


Alterra, Llc, A Utah Limited Liability Company, Plaintiff/ Appellee, Vs. Jeffrey Larson, An Rndividual, Defendant/ Appellant., Utah Court Of Appeals Oct 2015

Alterra, Llc, A Utah Limited Liability Company, Plaintiff/ Appellee, Vs. Jeffrey Larson, An Rndividual, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fourth Judicial District Court, Utah County, State of Utah Honorable Judge Samuel Mc Vey


Trending @ Rwu Law: Dean Yelnosky's Post: Santoro Lecture And Golf Tournament Bookend Alumni Weekend, Roger Williams University School Of Law Oct 2015

Trending @ Rwu Law: Dean Yelnosky's Post: Santoro Lecture And Golf Tournament Bookend Alumni Weekend, Roger Williams University School Of Law

Law School Blogs

No abstract provided.


Newsroom: Yelnosky On Master Of Studies In Law, Roger Williams University School Of Law Oct 2015

Newsroom: Yelnosky On Master Of Studies In Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Building Codes To Minimize Cover Collapses In Sinkhole-Prone Areas, George Veni, Connie Campbell Brashear, Andrew Glasbrenner Oct 2015

Building Codes To Minimize Cover Collapses In Sinkhole-Prone Areas, George Veni, Connie Campbell Brashear, Andrew Glasbrenner

Sinkhole Conference 2015

Cover- collapse sinkholes are forming with increasing frequency under buildings. Analyses of sinkhole distribution in Beacon Woods, Florida, preliminarily indicate their occurrence is an order of magnitude greater in urban versus undeveloped areas, suggesting the structures themselves are enhancing the collapse process. The most likely causes are induced recharge via at least one of two sources. First, runoff and drainage from roads, structures, and impoundments that is not adequately dispersed will promote sinkhole development. Second, leaking water, sewer, and septic systems beneath or adjacent to a structure will also promote collapse. The process of cover-collapse from induced recharge is well …


California's Redd Rubberstamp: Avoiding Constitutional Concerns, But At What Cost?, Ryan Mock Oct 2015

California's Redd Rubberstamp: Avoiding Constitutional Concerns, But At What Cost?, Ryan Mock

Environmental and Earth Law Journal (EELJ)

The purpose of this note is to examine the issues surrounding California's carbon market, the challenges of effectively regulating such a market that allows domestic companies to purchase carbon credits generated abroad, and the need for federal intervention if carbon trading is to become an effective and ethical reality in the United States. This note also provides background on the United Nation's REDD (Reducing Emissions from Deforestation and Degradation) programs, as well as covers the history of California's Global Warming Solutions Act of 2006. In addition, this note explains the problems California has with negotiating with foreign governments since those …


Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh Oct 2015

Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh

Environmental and Earth Law Journal (EELJ)

Climate change will significantly impact vulnerable populations. Included in those populations are island indigenous peoples. Small island developing states are particularly vulnerable to the rise in seal level. Loss of territory due to rising sea levels is not the only problem however, infrastructure and food supplies are also at risk. As such, this article addresses the need for a comprehensive climate change refugee treaty using Tuvalu and Kiribati's circumstances to illustrate the situation.


Earthonomics: Balancing Between Earth And Business, Yazen Abdin Oct 2015

Earthonomics: Balancing Between Earth And Business, Yazen Abdin

Environmental and Earth Law Journal (EELJ)

Economists consistently fail to account that Earth has a finite amount of resources. This article analyzes the behavior of corporate America and the effect it has on the world form an Earth jurisprudence standpoint. It will explore twp specific industries, oil and food, and what role they have played in the environment's health. It also explores potential solutions.