Civil Law Commons^™

Kirsch V. Traber, 134 Nev. Adv. Op. 22 (Apr. 5, 2018), Landon Littlefield

Nevada Supreme Court Summaries

The Nevada Supreme Court, applying the Restatement (Second) of Judgments definition of “final judgment,” held that it was proper for the district court to accord preclusive effect to a subsequent final judgment from a foreign court.

Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel

Law School Blogs

No abstract provided.

Law Library Blog (November 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

No abstract provided.

In Re Dish Network Derivation Litig., 133 Nev. Adv. Op. 61 (Sept. 14, 2017), Joseph K. Fabbi

Nevada Supreme Court Summaries

The Court determined that the Auerbach test should be applied when a Special Litigation Committee (SLC) files a motion to defer a derivative claim. A derivative claim is dismissible if the SLC was independent and conducted a good faith investigation when it concluded litigation would not be in the company’s best interest.

Newsroom: The Violence In Charlottesville 08-14-2017, Michael J. Yelnosky

Life of the Law School (1993- )

No abstract provided.

Bd. Of Review V. Second Judicial Dist. Court, 133 Nev. Adv. Op. 35 (June 22, 2017), Skyler Sullivan

Nevada Supreme Court Summaries

Naming all relevant parties as defendants, pursuant to NRS 612.530(1), is a mandatory jurisdictional requirement. Failure to follow this statutory requirement deprives the district court of its jurisdiction to hear a petition for judicial review.

The Pro Bono Collaborative Project Spotlight 05-23-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Trending @ Rwu Law: Louise Ellen Teitz's Post: The Supreme Court And Cross-Border Litigation 04-04-2017, Louise Ellen Teitz

Law School Blogs

No abstract provided.

Newroom: From The Bronx To Haiti: Asb 3-16-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Rwu First Amendment Blog: David Logan's Blog: Moguls And The Media 1-2-2017, David A. Logan, Roger Williams University

Law School Blogs

No abstract provided.

Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newsroom: A Changing Landscape: Insider Trading Law 09/20/2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Reform Virginia's Civil Asset Forfeiture Laws To Remove The Profit Incentive And Curtail The Abuse Of Power, Rob Poggenklass

University of Richmond Law Review

Part I of this article will review the historical roots of civil asset

forfeiture law. Part II will provide a more modern history of these

laws and an overview of Virginia's current asset forfeiture

scheme. Part III will examine the criticism of Virginia's drugrelated

civil asset forfeiture laws and highlight due process concerns,

risk of abuse of power, and misallocation of priorities due

to the structure of these laws in Virginia. Finally, Part IV will

provide recommendations to reform Virginia's civil asset forfeiture

laws.

Newsroom: Can Court 'Restore Fundamental Liberties'? 03-23-2016, Sheldon Whitehouse, David A. Logan

Life of the Law School (1993- )

No abstract provided.

Newsroom: Logan On Kenneth Feinberg 03-12-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Can We Forgive Those Who Batter? Proposing An End To The Collateral Consequences Of Civil Domestic Violence Cases, Joann Sahl

Marquette Law Review

Domestic violence is the most common tort committed in our country, involving nearly 1.3 million victims. When a domestic violence incident occurs, the press regularly reports it. Highlighted in these articles is the name of the perpetrator. Perpetrators identified as committing an act of domestic violence face public outrage, contempt, and stigma. This is particularly true if a court determines that the act of domestic violence necessitates a civil protection order (CPO) that bars the perpetrator from having any contact with the victim. Nearly 1.2 million people receive a CPO each year. More people use this civil remedy than those …

Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law

Life of the Law School (1993- )

Also available @ http://law.rwu.edu/story/logan-2015s-record-settlements

Civil Practice And Procedure, John R. Walker, Jaime B. Wisegarver

University of Richmond Law Review

No abstract provided.

Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson

Pomona Senior Theses

The United States is among one of the only democratic industrialized nations in the world that does not provide guaranteed access to civil representation in cases involving basic human need. This leaves indigent litigants who are at risk of losing their homes or their children left to seek counsel through insufficient pro-bono programs or limited scope legal self-help centers. This thesis provides a history of the struggle for the right to civil counsel, known as Civil Gideon, and explores a variety of proposed solutions to bridge the justice gap for indigent litigants. Despite considerable support for Civil Gideon among scholars …

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.

Protect Me From Myself: Determining Competency To Waive The Right To Counsel During Civil-Commitment Proceedings In Washington State, Jacob J. Stender

Seattle University Law Review

This Comment argues that an unarticulated, heightened standard of competency to waive counsel, under which Washington currently operates, is the ideal standard to address the unique concerns that exist in civil- commitment proceedings. This Comment clarifies the existing law governing the determination of a party’s right to waive counsel, as well as the determination of the validity of such a waiver. This Comment also articulates a comprehensive inquiry standard for trial courts, both within and outside of Washington, to apply when determining the competency of a party and the validity of a waiver. The goal of this express determination standard …

Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore

University of Richmond Law Review

Despite its widespread and long-standing recognition as a valuable docket-control device, the bifurcation of issues in civil trials has generated considerable debate among legal scholars and judges. The state and federal courts both utilize bifurcation, andthe Supreme Court of Appeals in Virginia recognized the advantages of the procedural device as early as 1915. Nonetheless, authority for the bifurcation of issues in civil trials in Virginia has remained clouded. The Supreme Court of Virginia lifted at least some of the clouds when it decided Allstate Insurance Co. v. Wade, thereby rejecting the position taken in an amicus curiae brief filed …

Election Of Remedies In The Twenty-First Century: Centra Health, Inc. V. Mullins, L. Steven Emmert

University of Richmond Law Review

No abstract provided.

Hedonic Adaptation And The Settlement Of Civil Lawsuits (With J. Bronsteen & J. Masur), Christopher J. Buccafusco

All Faculty Scholarship

This paper examines the burgeoning psychological literature on happiness and hedonic adaptation (a person's capacity to preserve or recapture her level of happiness by adjusting to changed circumstances), bringing this literature to bear on a previously overlooked aspect of the civil litigation process: the probability of pre-trial settlement. The glacial pace of civil litigation is commonly thought of as a regrettable source of costs to the relevant parties. Even relatively straightforward personal injury lawsuits can last for as long as two years, delaying the arrival of necessary redress to the tort victim and forcing the litigants to expend ever greater …

Civil Practice And Procedure, John R. Walk

University of Richmond Law Review

No abstract provided.

Destruction Of Documents Before Proceedings Commence: What Is A Court To Do?, Camille Cameron, Jonathan Liberman

Articles, Book Chapters, & Popular Press

The effective performance by courts of their adjudicative role depends on the availability of relevant evidence. In civil proceedings, the discovery process aims to ensure that such evidence is available. If documents that would be relevant evidence in a trial are destroyed, a fair adjudication is made difficult, if not impossible. This is so whether the destruction of documents occurs before or after proceedings commence. This article asks what a trial judge should do in a situation where relevant evidence is unavailable because one of the parties has destroyed documents before the proceedings commenced but anticipating that such proceedings were …

Civil And Criminal Contempt In Indiana, Robert C. Brown

Indiana Law Journal

No abstract provided.