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California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson
Jennifer Jackson
In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …
Resurrecting Trial By Statistics, Jay Tidmarsh
Resurrecting Trial By Statistics, Jay Tidmarsh
Jay Tidmarsh
“Trial by statistics” was one means by which a court could resolve a large number of aggregated claims: a court could try a random sample of claim, and extrapolate the average result to the remainder. In Wal-Mart, Inc. v. Dukes, the Supreme Court seemingly ended the practice at the federal level, thus removing from judges a tool that made mass aggregation more feasible.
After examining the benefits and drawbacks of trial by statistics, this Article suggests an alternative that harnesses many of the positive features of the technique while avoiding its major difficulties. The technique is the “presumptive judgment”: …
Jurors And Social Media: Is A Fair Trial Still Possible?, Nancy Marder
Jurors And Social Media: Is A Fair Trial Still Possible?, Nancy Marder
Nancy S. Marder
No abstract provided.
The Puzzling Appeal Of Summary Judgment Denials: When Are Such Denials Reviewable?, Joan Steinman
The Puzzling Appeal Of Summary Judgment Denials: When Are Such Denials Reviewable?, Joan Steinman
Joan E. Steinman
No abstract provided.
Class Denied! Go Directly To State Court. Do Not Pass Go, Do Not Collect $200, Kevin Dulaney
Class Denied! Go Directly To State Court. Do Not Pass Go, Do Not Collect $200, Kevin Dulaney
Kevin Dulaney
No abstract provided.
Excerpts From Introduction To The Jury At A Crossroad: The American Experience And Introduction To The 50th Anniversary Of 12 Angry Men, Nancy Marder
Nancy S. Marder
No abstract provided.