Law Commons^™

Is Time Up For Equitable Relief? Examining Whether The Statute Of Limitations Contained In 28 U.S.C. § 2462 Applies To Claims For Injunctive Relief , Douglas Edward Pittman

Washington and Lee Law Review

No abstract provided.

Collision Course: How Federal Rule Of Civil Procedure 23(F) Has Silently Undermined The Prohibition On American Pipe Tolling During Appeals Of Class Certification Denials, Kevin Welsh

Louisiana Law Review

The article offers information on the court case Calderon v. Presidio Valley Farmers Association (PVFA). It mentions that court ruled in favor of the Mexican farmworkers that sued the Presidio Valley Farmers Association and its grower members for breach of their employment agreement and numerous violations of the Farm Labor Contractor Registration Act. It reports that The PVFA had hired the workers during the 1977 and 1978 harvest seasons.

Securities Fraud And The Mirage Of Repose, Lyman P. Q. Johnson

Lyman P. Q. Johnson

After decades of confusion, in 1991 the Supreme Court articulated a uniform federal limitations period for securities fraud claims grounded on Rule 10b-5. The court further held that the new limitations period was not subject to equitable tolling.

This Article argues that the court wrongly conflated into a singular equitable tolling doctrine two historically and normatively distinct bases for tolling a limitations period. Only claims of securities fraud uncomplicated by a later cover-up of the original fraud are free from tolling principles. The limitations period for fraud which is subsequently concealed by an original wrongdoer remains, because of the still …

Recovered Memories, Extended Statutes Of Limitations And Discovery Exceptions In Childhood Sexual Abuse Cases: Have We Gone Too Far?, Jorge L. Carro, Joseph V. Hatala

Pepperdine Law Review

No abstract provided.

Beyond The Executive Agreement: The Foreign Policy Preference Under Movsesian And The Return Of The Dormant Foreign Affairs Power In Norton Simon, Amir M. Tikriti

Pepperdine Law Review

No abstract provided.

Restore Colorado's Repair Doctrine For Construction- Defect Claims, Michael F. Lutz

University of Colorado Law Review

The "repair doctrine" is a common law defense to statutes of limitations. It protects defective product and property buyers who delay suit due to sellers' promises to make repairs. Recently, in Smith v. Executive Custom Homes, the Colorado Supreme Court rejected the repair doctrine for construction-defect claims due to an apparent redundancy between the doctrine and the notice-and-opportunity-to repair provision of Colorado's Construction Defect Action Reform Act. This Note explains why Smith was wrongly decided.

Is Innocence Irrelevant To Aedpa's Statute Of Limitations - Avoiding A Miscarriage Of Justice In Federal Habeas Corpus, Angela Ellis

Villanova Law Review

The article discusses the debate on recognizing the innocence exception to the statute of limitations for original petitions for habeas corpus as provided in the Anti-terrorism and Effective Penalty Act of 1996 (AEDPA). Those who oppose cite the need for judicial economy and the absence of congressional intent. The author stresses the primordial concern of protecting the innocent and preventing miscarriage of justice as upheld by the history of habeas corpus and Supreme Court jurisprudence.

Challenges And Opportunities For The Tax Professional Guiding Closely-Held Entities: 2009 & 2010 Regulatory And Judicial Developments Impacting Fourth Circuit Tax Practitioners, Rose L. Bailey

Campbell Law Review

When framing adequate tax advice to protect oneself from preparer penalties under sometimes ambiguous or unsettled tax law, or when trying to affect your best appellate argument or direct a strategic audit litigation path, there can be no doubt of the importance of considering judicial precedent developments in all of these paths. To that end, under the discretion of this Author, a selection of relevant administrative regulations and rulings as well as judicial authority rendered in 2009 through spring 2010 are contained in this Article to cover significant income taxation developments impacting certain closely-held entities. Closely-held entities are considered, for …

Sure And Expedited Resolution Of Disputes: The Federal Arbitration Act And The One-Year Requirement For Summary Confirmation Of Arbitration Awards, A, Matthew R. Kissling

Case Western Reserve Law Review

No abstract provided.

One Case To Rule Them All: The Ninth Circuit In Bakersfield Applies Colony To Deny The Irs An Extended Statute Of Limitations In Overstatement Of Basis Cases, Bernard J. Audet Jr.

Villanova Law Review

No abstract provided.

Are Rules Just Meant To Be Broken? The One-Year Two-Step In Tedford V. Warner- Lambert Co., E. Kyle Mcnew

Washington and Lee Law Review

No abstract provided.

Comment On For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Roger D. Groot

Washington and Lee Law Review

No abstract provided.

For Whom The Court Tolls: Equitable Tolling Of The Aedpa Statute Of Limitations In Capital Habeas Cases, Aaron G. Mccullough

Washington and Lee Law Review

No abstract provided.

The Crimes Of Crime Labs, J. Herbie Difonzo

Hofstra Law Review

In November 2005, a man was convicted in New York City for a thirty-two-year-old rape. The circumstances were quite unusual, even for cold cases. The original 1974 trial had ended in a hung jury, and the defendant had jumped bail before his scheduled re-trial. He was apprehended in 2004 in Georgia on another charge, and a background check disclosed the open New York warrant. The crucial difference between the 1974 and 2005 trials was DNA evidence recovered from the underpants which the victim wore on the day of the crime, "found stuffed in the files in the Manhattan district attorney's …

Seeking John Doe: The Provision And Propriety Of Dna-Based Warrants In The Wake Of Wisconsin V. Dabney, Corey E. Delaney

Hofstra Law Review

No abstract provided.

Actions Founded On Statutory Liability: Adopting A Limitations Period For Attorneys' Fees Actions Brought Under The Individuals With Disabilities Education Act, Darren A. Craig

Indiana Law Journal

No abstract provided.

The Tick Of The Statute Of Limitations Clock: How The Frcd Preempts The State Law Accrual Date In Freier V. Westinghouse Electric Corporation, Karen S. Nabholz

Villanova Environmental Law Journal

No abstract provided.

Medical Professional Liability In West Virginia, Thomas J. Hurney Jr., Rob J. Aliff Jackson Kelly Pllc

West Virginia Law Review

No abstract provided.

Judicial And Regulatory Constriction Of Section 16(B) Of The Securities Exchange Act Of 1934, Marc I. Steinberg, Daryl L. Landsdale

Notre Dame Law Review

No abstract provided.

United States V. Navistar Inernational Transportation Corp.: Seventh Circuit Bars Government's Cercla Claim Based On Violation Of The Statute Of Limitations, Brock Elliot Czeschin

Villanova Environmental Law Journal

No abstract provided.

Ghosts Of The Holocaust: Holocaust Victim Fine Arts Litigation And A Statutory Application Of The Discovery Rule, Stephan J. Schlegelmilch

Case Western Reserve Law Review

No abstract provided.

The Puzzling Purposes Of Statutes Of Limitation, Tyler T. Ochoa, Andrew Wistrich

Faculty Publications

One hundred years ago, Oliver Wendell Holmes, Jr. asked, "What is the justification for depriving a man of his rights, a pure evil as far as it goes, in consequence of the lapse of time?" A century later, we are still searching for a satisfactory answer to that question. The purpose of this Article is to press that inquiry further.

The law of limitation of actions is the set of legislatively and judicially created legal rules-including the classification of claims, the duration of limitation periods, the applicable principles of accrual and tolling, and the like-that determine whether a claim is …

Too Late For The Truth? Retroactivity And Application Of The Statute Of Limitations For Filing 28 U.S.C. § 2255 Petitions, Brian E. Moore

Campbell Law Review

This comment addresses the issue of whether the one-year statute of limitations should control a petition filed after the effective date of the AEDPA but based on a conviction which became final more that one year prior to the effective date of the act. By analyzing both the minority and majority approaches, this comment demonstrates that the minority has misapplied the recent Supreme Court opinion in Landgraf v. USI Film Products. Furthermore, the purpose of this comment is to suggest the correct framework for determining the proper temporal reach of this statute.

A Webb Of Confusion: Equitable Tolling In Tax Refund Suits, Matthew L. Weidner

Washington and Lee Law Review

No abstract provided.

North Star Steel Company V. Thomas: Time For Warning, Vanessa Zyla Goddard

West Virginia Law Review

No abstract provided.

Alaska Supreme Court And Court Of Appeals Year In Review 1994, Laura E. Fahey, Steven D. Moore, James P. Ursomarso

Alaska Law Review

No abstract provided.

The Constitutional Dimension Of A National Products Liability Statute Of Repose, Stephen J. Werber

Villanova Law Review

No abstract provided.

Cart V. Marcum: The Discovery Rule As An Exception To The Statute Of Limitations In West Virginia, James R. Leach

West Virginia Law Review

No abstract provided.

28 U.S.C. § 1658: A Limitation Period With Real Limitations, Kimberly Jade Norwood

Indiana Law Journal

No abstract provided.

Jurisdictionality, Time, And The Legal Imagination, Perry Dane

Hofstra Law Review

No abstract provided.