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Full-Text Articles in Law

Southern States Chemical Inc., Final Order Granting Defendants' Summary Judgment, Alice D. Bonner Dec 2017

Southern States Chemical Inc., Final Order Granting Defendants' Summary Judgment, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Tipping The Scales?: Maine Adopts The Continuing Negligent Treatment Doctrine In Baker V. Farrand, Michael P. Beers Oct 2017

Tipping The Scales?: Maine Adopts The Continuing Negligent Treatment Doctrine In Baker V. Farrand, Michael P. Beers

Maine Law Review

In Baker v. Farrand, the Maine Supreme Judicial Court, sitting as the Law Court, held that for a series of related negligent acts or omissions committed by a health care provider or practitioner, a single cause of action “accrues” under the Maine Health Security Act (hereinafter MHSA) on the date of the last act or omission that contributed to the plaintiff’s injury. Hence, in situations where a physician provides continuing negligent treatment to a patient in which each and every one of the physician’s actions are negligent, the MHSA’s three-year statute of limitations does not begin to ...


Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska Aug 2017

Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska

Arbitration Law Review

No abstract provided.


Pedophiles Don’T Retire: Why The Statute Of Limitations On Sex Crimes Against Children Must Be Abolished, Symone Shinton Jul 2017

Pedophiles Don’T Retire: Why The Statute Of Limitations On Sex Crimes Against Children Must Be Abolished, Symone Shinton

Chicago-Kent Law Review

Sex crimes against children are uniquely heinous. Victims suffer extensive trauma that extends long into adulthood. But despite significant psychological data that indicates survivors of childhood sexual abuse cannot and do not report their victimization on a neat and predictable timeline, sixteen states still require them to do so. Criminal statutes of limitations on sex crimes against children protect predators, permitting them to run out the clock and move on to their next victim. This Note will argue that placing the burden on survivors of sexual abuse to report in time is not only psychologically unreasonable, but also harmful to ...


Yikes! Was I Wrong? A Second Look At The Viability Of Monitoring Capital Post-Conviction Counsel, Celestine Richards Mcconville Jul 2017

Yikes! Was I Wrong? A Second Look At The Viability Of Monitoring Capital Post-Conviction Counsel, Celestine Richards Mcconville

Maine Law Review

When Albert Holland’s capital post-conviction counsel filed his state post-conviction motion in September 2002, twelve days remained in the one-year statute of limitations for filing a federal habeas petition. While Holland might not have known exactly how much time was left in the federal limitations period, he knew he wanted to preserve his right to federal review, that the limitations period was tolled during non-discretionary state post-conviction review, and that he would be under the gun to get the federal petition filed once the Florida Supreme Court issued its decisions. And he made no ones about his desire to ...


Deportation Deadline, Andrew Tae-Hyun Kim Jan 2017

Deportation Deadline, Andrew Tae-Hyun Kim

Washington University Law Review

Deadlines regulate nearly all facets of life. In U.S. law, deadlines control the timeliness of a claim in the forms of statutes of limitations and common law doctrines such as laches. In nearly all areas of the law, whether involving claims brought by private actors or the government, and in both criminal and civil contexts, an expiration date cuts off a plaintiff’s right to assert a claim. No such deadline exists, however, for immigration enforcement actions. The U.S. government can deport immigrants for offenses after decades have passed. As a result, millions of long-term, otherwise law-abiding and ...


Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter Jan 2017

Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter

Faculty Articles

The 2016 amendments to the Uniform Code of Military Justice (“UCMJ”) amounted to a sea change in American military justice. The Military Justice Act of 2016—a major reform of the Uniform Code of Military Justice—is set out in Division E of the National Defense Authorization Act for Fiscal Year 2017, and was signed into law by the President on December 23, 2016. Most of the amendments to the UCMJ addressed in this article will not become effective for some time—perhaps not until January 1, 2019 and in the interim, the current provisions of the UCMJ will continue ...