Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (45)
- Litigation (42)
- Civil Law (36)
- Constitutional Law (30)
- Civil Rights and Discrimination (22)
-
- Judges (20)
- Jurisdiction (20)
- Evidence (17)
- Jurisprudence (15)
- State and Local Government Law (15)
- Criminal Procedure (14)
- Torts (14)
- Legal Profession (13)
- Legal Ethics and Professional Responsibility (12)
- Legislation (12)
- Supreme Court of the United States (12)
- Law and Society (11)
- Dispute Resolution and Arbitration (10)
- International Law (10)
- Rule of Law (10)
- Labor and Employment Law (9)
- Business Organizations Law (8)
- Legal Remedies (8)
- Administrative Law (7)
- Comparative and Foreign Law (7)
- Criminal Law (7)
- Intellectual Property Law (7)
- Property Law and Real Estate (7)
- Institution
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (19)
- Touro University Jacob D. Fuchsberg Law Center (14)
- University of Georgia School of Law (14)
- Roger Williams University (9)
- St. John's University School of Law (9)
-
- University of Richmond (9)
- Duke Law (7)
- Fordham Law School (6)
- Notre Dame Law School (5)
- University of Baltimore Law (5)
- William & Mary Law School (5)
- Brooklyn Law School (4)
- Pepperdine University (4)
- University of Arkansas Little Rock (4)
- University of Michigan Law School (4)
- Villanova University Charles Widger School of Law (4)
- Barry University School of Law (3)
- Case Western Reserve University School of Law (3)
- Cornell University Law School (3)
- Florida A&M University College of Law (3)
- Seattle University School of Law (3)
- Texas A&M University School of Law (3)
- University of Cincinnati College of Law (3)
- University of Florida Levin College of Law (3)
- University of Miami Law School (3)
- University of Washington School of Law (3)
- Yeshiva University, Cardozo School of Law (3)
- Boston University School of Law (2)
- Chicago-Kent College of Law (2)
- Columbia Law School (2)
- Keyword
-
- Civil procedure (36)
- Federal Rules of Civil Procedure (17)
- Jurisdiction (11)
- Litigation (10)
- Civil Procedure (9)
-
- Discrimination (9)
- Civil rights (8)
- Class actions (8)
- Discovery (8)
- Supreme court (7)
- Arbitration (6)
- Court (6)
- Section 1983 (6)
- Standing (6)
- Civil law (5)
- Constitutional law (5)
- Criminal law (5)
- Due process (5)
- Evidence (5)
- FRCP (5)
- Federal courts (5)
- Police (5)
- Remedies (5)
- Criminal procedure (4)
- Employment law (4)
- Federal Arbitration Act (4)
- Government (4)
- Human rights (4)
- Law (4)
- Pleading (4)
- Publication
-
- Faculty Scholarship (17)
- Touro Law Review (14)
- Nevada Supreme Court Summaries (12)
- Faculty Publications (7)
- Georgia Journal of International & Comparative Law (7)
-
- Scholarly Works (7)
- Fordham Law Review (5)
- Journal Articles (5)
- Law Faculty Publications (5)
- Life of the Law School (1993- ) (5)
- Nevada Law Journal (4)
- The Catholic Lawyer (4)
- Articles (3)
- Cornell Law Faculty Publications (3)
- Florida Law Review (3)
- Law Student Publications (3)
- Seattle University Law Review (3)
- All Faculty Scholarship (2)
- Brooklyn Law Review (2)
- Duke Law Master of Judicial Studies Theses (2)
- Faculty Articles (2)
- Florida State University Law Review (2)
- Georgia Law Review (2)
- Indiana Law Journal (2)
- Law Faculty Scholarship (2)
- Michigan Law Review (2)
- Mitchell Hamline Law Review (2)
- Northwestern University Law Review (2)
- Pepperdine Dispute Resolution Law Journal (2)
- Publications (2)
- Publication Type
Articles 91 - 120 of 207
Full-Text Articles in Civil Procedure
Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige
Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige
Touro Law Review
No abstract provided.
Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili
Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili
Touro Law Review
No abstract provided.
How To Screen For Success In Employment Law Cases, Robert M. Rosen
How To Screen For Success In Employment Law Cases, Robert M. Rosen
Touro Law Review
No abstract provided.
Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum
Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum
Touro Law Review
No abstract provided.
Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff
Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff
Touro Law Review
No abstract provided.
Rish V. Simao, 132 Nev. Adv. Op. 17 (Mar. 17, 2016), Heather Caliguire
Rish V. Simao, 132 Nev. Adv. Op. 17 (Mar. 17, 2016), Heather Caliguire
Nevada Supreme Court Summaries
The Nevada Supreme Court held that the District Court wrongly excluded evidence of low-impact defense when it required a biomechanical expert testify about the nature of the accident, erroneously interpreting Hallmark v. Eldgridge Instead, Hallmark requires sufficient foundation for admission of testimony and evidence, specifically excluding a biomechanical expert’s testimony under NRS 50.275. The Court additionally held that the District Court erred when it ultimately struck the defendant’s answer for violations of the pretrial order precluding defendant from raising a minor or low impact defense.
Law Day Fifth District Court Of Appeal Oral Arguments At Florida Agricultural And Mechanical University College Of Law, 2016, Honorable James A. Edwards, Honorable Richard B. Orfinger, Honorable Vincent G. Torpy Jr.
Law Day Fifth District Court Of Appeal Oral Arguments At Florida Agricultural And Mechanical University College Of Law, 2016, Honorable James A. Edwards, Honorable Richard B. Orfinger, Honorable Vincent G. Torpy Jr.
Law Day Presentations
As part of FAMU College of Law's Law Day activities, the Florida Fifth District Court of Appeal is holding a session in the FAMU College of Law Ceremonial Moot Courtroom. A three judge panel is hearing oral arguments from attorneys representing their clients in cases involving suppression of evidence, the exclusionary rule and other evidentiary questions, as well as the ineffective assistance of counsel in a case involving deportation issues. A question-and-answer session follows each set of arguments during which the justices and attorneys entertain questions about the appellate process and organization of the court.
Hairr V. First Judicial Dist. Ct., 132 Nev. Adv. Op. 16 (Mar. 10, 2016), Douglas H. Smith
Hairr V. First Judicial Dist. Ct., 132 Nev. Adv. Op. 16 (Mar. 10, 2016), Douglas H. Smith
Nevada Supreme Court Summaries
The Supreme Court denied petitioners’ application for a writ of mandamus for abuse of the district court’s discretion. If granted, this writ would have compelled the district court to grant the petitioners’ application to intervene under Rule 24 of the Nevada Rule of Civil Procedure as defendants in a constitutional challenge to a program that awards grants to children who are educated by entities other than public schools. The State is presumed to adequately represent the interests of those who support the bill. Since they did not demonstrate a conflict of interest with the State’s position or present an argument …
Tom V. Innovative Home Systems, Llc, 132 Nev. Adv. Op. 15 (Mar. 10, 2016), Adrienne Brantley
Tom V. Innovative Home Systems, Llc, 132 Nev. Adv. Op. 15 (Mar. 10, 2016), Adrienne Brantley
Nevada Supreme Court Summaries
The Court determine that the decision of the State Contractors’ Board closing homeowners’ complaint and directing contractor to make repairs to residence was not a final decision resolving a contested case, as required to preclude a homeowner from relitigating whether contractor was required to have an electrical license. The Court also determine that genuine issues of material fact existed as to whether the contractor needed an electrical license and genuine issues of material fact existed as to whether the contractor completed its contractual obligations to homeowner.
A Comparative Study Of Attorney Responsibility For Fees Of An Opposing Party, Amy Salyzyn
A Comparative Study Of Attorney Responsibility For Fees Of An Opposing Party, Amy Salyzyn
Journal of International and Comparative Law
No abstract provided.
Reconsidering Indirect-Purchaser Class Actions, Stephen Carr
Reconsidering Indirect-Purchaser Class Actions, Stephen Carr
Florida Law Review
Few issues have proven more vexing to private antitrust enforcement than those related to indirect-purchaser class actions. The current dual system of enforcement—federal and state—exacerbates the difficulty of litigating indirect-purchaser claims by layering procedural complexity on top of substantive complexity and by explicitly allowing (perhaps even incentivizing) duplicative recovery. Almost all commentators are in substantial agreement that reform is necessary, but Congress appears unlikely to take action on the issue in the near future. This Note proposes a procedural solution that would consolidate litigation in a single federal court based on the limited-fund class action model of Federal Rule of …
Coastal Conservation Association V. United States Department Of Commerce, Taylor R. Thompson
Coastal Conservation Association V. United States Department Of Commerce, Taylor R. Thompson
Public Land & Resources Law Review
The Eastern Louisiana District Court upheld Amendment 40 to the Gulf of Mexico Fishery Management Council’s Reef Management Plan. The court held that the Gulf Council and the National Marine Fisheries Service’s proposed rule establishing fishing quotas for the red snapper met all of the statutory guidelines imposed under the Magnusson-Stevens Act.
Trending @ Rwu Law: Dean Yelnosky's Post: United States Court Of Appeals For Veterans Claims Visits Rwu Law: 03-03-2016, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: United States Court Of Appeals For Veterans Claims Visits Rwu Law: 03-03-2016, Michael Yelnosky
Law School Blogs
No abstract provided.
Video: Adding To Your Case: Examining And Cross Examining Expert Witnesses, Michael J. Dale, Kathryn Webber, Valerie B. Barnhart Esq., Jack L. Harari M.D., J.D., F.A.A.E.M.
Video: Adding To Your Case: Examining And Cross Examining Expert Witnesses, Michael J. Dale, Kathryn Webber, Valerie B. Barnhart Esq., Jack L. Harari M.D., J.D., F.A.A.E.M.
NSU Law Seminar Series
Learn skills for using expert witness testimony at trial: Developing strategy for selecting topics and order of presentation Using proper form of questioning on direct and cross Understanding rules of evidence, procedure, and ethics Two role play demonstrations help you learn techniques
Codifying The Issue Class Action, Laura J. Hines
Codifying The Issue Class Action, Laura J. Hines
Nevada Law Journal
No abstract provided.
The Rise And Fall Of Plausibility Pleading?, Adam N. Steinman
The Rise And Fall Of Plausibility Pleading?, Adam N. Steinman
Faculty Scholarship
The Supreme Court's 2007 decision in Bell Atlantic Corp. v. Twombly and its 2009 decision in Ashcroft v. Iqbal unleashed a torrent of scholarly reaction. Commentators charged these decisions with adopting a new pleading regime, "plausibility pleading," that upended the notice-pleading approach that had long prevailed in federal court. Whether a complaint could survive a motion to dismiss — it was argued — now depends on whether the court found the complaint plausible, allowing courts to second-guess a complaint's allegations without any opportunity for discovery or consideration of actual evidence. Lower courts began to cite Twombly and Iqbal at a …
Submerged Precedent, Elizabeth Y. Mccuskey
Fraud On The Court And Abusive Discovery, David R. Hague
Fraud On The Court And Abusive Discovery, David R. Hague
Nevada Law Journal
No abstract provided.
The Rise And Fall Of Plausibility Pleading?, Adam N. Steinman
The Rise And Fall Of Plausibility Pleading?, Adam N. Steinman
Vanderbilt Law Review
The Supreme Court's 2007 decision in Bell Atlantic Corp. v. Twombly and its 2009 decision in Ashcroft v. Iqbal unleashed a torrent of scholarly reaction. Commentators charged these decisions with adopting a new pleading regime, "plausibility pleading," that upended the notice-pleading approach that had long prevailed in federal court. Whether a complaint could survive a motion to dismiss-it was argued-now depends on whether the court found the complaint plausible, allowing courts to second-guess a complaint's allegations without any opportunity for discovery or consideration of actual evidence. Lower courts began to cite Twombly and Iqbal at a remarkably high rate, and …
What Remains Of Vicarious Jurisdiction For Establishing General Jurisdiction Over Corporate Defendants After Daimler Ag V. Bauman?, Keri Martin
Seton Hall Circuit Review
No abstract provided.
Nevada Dep’T Of Trans. V. Eighth Judicial Dist. Ct., 132 Nev. Adv. Op. 10 (Feb. 25, 2016), F. Shane Jackson
Nevada Dep’T Of Trans. V. Eighth Judicial Dist. Ct., 132 Nev. Adv. Op. 10 (Feb. 25, 2016), F. Shane Jackson
Nevada Supreme Court Summaries
The Court considered a petition for a writ of mandamus challenging a district court order denying a motion to dismiss. Petitioner Nevada Department of Transportation (“NDOT”) sought dismissal of a professional negligence claim filed against it on grounds that the complaint was not accompanied by an attorney affidavit and expert report as required by NRS 11.258, and when the court denied NDOT’s motion, it filed the instant petition. The Court denied the petition, holding that NDOT is not a design professional under NRS 11.2565(1)(a), and therefore the requirements of NRS 11.258 are inapplicable to NDOT since the action would not …
A Constitutional Right To Discovery? Creating And Reinforcing Due Process Norms Through The Procedural Laboratory Of Arbitration, Imre Stephen Szalai
A Constitutional Right To Discovery? Creating And Reinforcing Due Process Norms Through The Procedural Laboratory Of Arbitration, Imre Stephen Szalai
Pepperdine Dispute Resolution Law Journal
This article explores an overlooked dynamic between arbitration and the more formal court system. As developed in more detail below, this article's thesis is that arbitration can help define and reinforce due process norms applicable in court, and a due process-like norm regarding discovery is beginning to develop. Courts often review arbitration agreements for fairness, and through this judicial review, courts have developed a body of law discussing and defining whether certain procedures (or the lack thereof) violate fairness norms in connection with the resolution of a particular dispute. Through this body of law exploring procedural fairness, one can identify …
Whistling In Silence: The Implications Of Arbitration On Qui Tam Claims Under The False Claims Act, Mathew Andrews
Whistling In Silence: The Implications Of Arbitration On Qui Tam Claims Under The False Claims Act, Mathew Andrews
Pepperdine Dispute Resolution Law Journal
For nearly twenty years, corporate defendants have sought unsuccessfully to use arbitration to roll back protections for whistleblowers suing under federal law. The state and federal judiciaries have long stymied these efforts, on the grounds that defendants cannot force the Government's claims into the secretive forum of arbitration. In January 2013, this protection came to an end. A federal court ruled for the first time that a whistleblower suing on behalf of the United States must pursue its action in arbitration. Five months later, this trend continued as federal courts have compelled arbitration of state law qui tam actions. This …
Domestic Violence And The Politics Of Self-Help, Elizabeth L. Macdowell
Domestic Violence And The Politics Of Self-Help, Elizabeth L. Macdowell
William & Mary Journal of Race, Gender, and Social Justice
Self-help programs are conceptualized as alternatives to attorney representation that can help both courts and unrepresented litigants. The rhetoric of self-help also typically includes empowering unrepresented individuals to help themselves. But how do self-help programs respond to litigants’ efforts at self-advocacy? This Article reports findings from a study of courthouse self-help programs assisting unrepresented litigants applying for protection orders. The central finding is that self-help staff members were not neutral in the provision of services despite a professed ethic of neutrality. Using the sociological concept of demeanor, this Article shows that staff members rewarded protection order applicants who conformed to …
Books Recieved, Georgia Journal Of International And Comparative Law
Books Recieved, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Further Comments On The Hague Convention On The Law Applicable To Products Liability, Willis L. M. Reese
Further Comments On The Hague Convention On The Law Applicable To Products Liability, Willis L. M. Reese
Georgia Journal of International & Comparative Law
No abstract provided.
Litigating In The 21st Century: Amending Challenges For Cause In Light Of Big Data, Andrew Kasabian
Litigating In The 21st Century: Amending Challenges For Cause In Light Of Big Data, Andrew Kasabian
Pepperdine Law Review
The amount of data generated daily is growing exponentially. The majority of this data is unstructured data. Big Data analytics provides the capability to analyze sets of unrelated data to find hidden and meaningful correlations and predict an individual’s future actions. Therefore, Big Data can alter trial preparation by opening up new sets of information for lawyers to analyze in the jury selection process. Privacy concerns may follow Big Data’s incorporation because Big Data aggregates an individual’s information and predicts future actions. This Comment details how Big Data will provide a net benefit to trial preparation. In order to protect …
Directv, Inc. V. Imburgia, Angelica Sanchez Vega
Directv, Inc. V. Imburgia, Angelica Sanchez Vega
Notre Dame Law Review Reflection
It is no secret that alternative dispute resolution (ADR) has become an important part of the contemporary American legal system. Compared to full-fledged judicial proceedings, ADR methods, including arbitration, offer a more cost-effective alternative. Both private and public entities have embraced the chance to address legal disputes while using resources more effectively. In 1998, for example, President Clinton issued a memorandum to the heads of executive departments and agencies encouraging the use of ADR “[a]s part of an effort to make the Federal Government operate in a more efficient and effective manner.” In spite of all of the benefits of …
Standing Doctrine's State Action Problem, Seth Davis
Standing Doctrine's State Action Problem, Seth Davis
Notre Dame Law Review
Something surprising happened in the 2013 marriage equality cases that did not involve striking down the Defense of Marriage Act. The Supreme Court discovered standing doctrine’s state action problem. In standing doctrine, as elsewhere, the law distinguishes private from governmental action. There are, simply put, different standing rules for state actors than for private litigants. How should the law sort state actors from private litigants for the purposes of standing? In Hollingsworth v. Perry, the Court held that Article III limits government standing to common law agents who owe fiduciary duties to the state. The Perry Court’s apparent concern was …
To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary
To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary
University of Miami Inter-American Law Review
This article strives to shed light on the interplay between discovery practice under the Federal Rules of Civil Procedure, Argentina's data protection laws, and the ever-present possibility of discovery sanctions. For all intents and purposes, data protections laws serve as a double-edged sword that seek to protect an individual's privacy; however, data protection laws were not designed with litigation in mind. And because of that, it can be difficult for an Argentine company to comply with a discovery request that would implicate an individual's data privacy under Argentine law. In the end, it comes down to a balancing test. This …