Civil Procedure Commons^™

Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan

Catholic University Journal of Law and Technology

No abstract provided.

When Loss Of Legal Custody Is Like An Indeterminate Prison Sentence: Ohio's Elimination Of Indigent Parents' Right To Court Appointed Counsel In Civil Custody Suits, Renee Brunett

University of Cincinnati Law Review

No abstract provided.

The Anti-Plaintiff Pending Amendments To The Federal Rules Of Civil Procedure And The Pro-Defendant Composition Of The Federal Rulemaking Committees, Patricia W. Moore

University of Cincinnati Law Review

No abstract provided.

Protecting Public Employee Trial Testimony, Joseph Deloney

Chicago-Kent Law Review

In a number of jurisdictions around the United States, police officers and other public employees that regularly testify as part of their ordinary job duties can be placed in compromising positions. Because these types of employees regularly testify as part of their ordinary job duties, such testimony is considered “employee speech” and therefore unprotected by the First Amendment. Consequently, governmental employers can take adverse employment actions against an employee based on his or her truthful trial testimony without violating the employee’s First Amendment rights. Drawing from the Supreme Court’s 2014 decision in Lane v. Franks and other circuit court cases, …

Newsroom: New York Times: Teitz On Touro Synagogue 5-16-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable, Shelley Himel

Georgia Journal of International & Comparative Law

No abstract provided.

English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye

Georgia Journal of International & Comparative Law

No abstract provided.

Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.

Collateral Damage: When Should The Determinations Of Administrative Adjudications Have Collateral Estoppel Effect In Subsequent Adjudications?, Matthew Faust

Fordham Law Review

Collateral estoppel is an equitable doctrine under which a court gives issue-preclusive effect to findings of fact or law made in previous proceedings. The U.S. Supreme Court has recently held that under certain circumstances, the determinations of administrative adjudications have collateral estoppel effect in federal court. The Court, however, did not address under which circumstances the determinations of administrative adjudications should have collateral estoppel effect in subsequent administrative adjudications. There has been little clear and consistent reasoning in lower federal courts about when collateral estoppel should apply in administrative adjudications, and administrative agencies vary widely in their application of collateral …

Race And The Jury: How The Law Is Keeping Minorities Off The Jury, Stephanie Adamakos

Washington University Undergraduate Law Review

The modern jury focuses on three main ideas: impartiality, as laid out in the Sixth Amendment, jury of one’s peers, stemming from the Magna Carta, and a jury that represents a fair cross-section of the community. The cross-section idea has been developed by case law, but originates from the Sixth Amendment, under the belief that jury selection that does not systematically discriminate against members of the community and has a jury pool represents a cross-section of the community is likely to be impartial. Jurors are likely to draw upon their own experiences when deliberating, so having a variety of experiences …

Examining Universal Jurisdiction, Sondra Anton

Washington University Undergraduate Law Review

This article considers the heightened debate over the role of universal jurisdiction within international law, and concludes it should not be judged based on the appropriateness or foundation set by remote precedents. Given the clear disregard for physical integrity rights repeatedly demonstrated by even the most “democratic” of modern governments, it is more pressing than ever to develop universal jurisdiction and ensure the norm’s institutionalization in practice.

Adversary Breakdown And Judicial Role Confusion In “Small Case” Civil Justice, Jessica K. Steinberg

BYU Law Review

This Article calls attention to the breakdown of adversary procedure in a largely unexplored area of the civil justice system: the ordinary, twoparty case. The twenty-first century judge confronts an entirely new state of affairs in presiding over the average civil matter. In place of the adversarial party contest, engineered and staged by attorneys, judges now face the rise of an unrepresented majority unable to propel claims, facts, and evidence into the courtroom. The adversary ideal favors a passive judge, but the unrealistic demands of such a paradigm in today’s “small case” civil justice system have sparked role confusion among …

Extrinsic Evidence In Patent Claim Interpretation: Understanding The Post-Markman Confusion, Karl Koster

Journal of Intellectual Property Law

No abstract provided.

The Problem Cases

The Catholic Lawyer

No abstract provided.

Statute Of Limitations

The Catholic Lawyer

No abstract provided.

Making Sense Of Sovereignty: A Historical Understanding Of Personal Jurisdiction From Pennoyer To Nicastro, Kyle Voils

Northwestern University Law Review

How can we make sense of sovereignty’s role in Supreme Court personal jurisdiction doctrine? The Supreme Court has once again raised this question with its plurality decision in J. McIntyre Machinery, Ltd. v. Nicastro, which endorsed a personal jurisdiction doctrine based on sovereign authority of forum states. Scholarly reaction to Nicastro has largely been negative, as scholars argue both that, descriptively, sovereignty considerations have long not played a role in personal jurisdiction, and that, normatively, such considerations ought not play a role in personal jurisdiction. This Note concerns only the former contention, that sovereignty’s role in personal jurisdiction largely …

Mcclendon V. Collins, 132 Nev. Adv. Op. 28 (April 21, 2016), Colton Loretz

Nevada Supreme Court Summaries

The issue here is whether a witness originally designated as a testifying expert who is then later de-designated may be deposed or called to testify at trial by an opposing party. The Court held that after an expert report has been disclosed, a testifying expert witness cannot regain the confidentiality protections of NRCP 26(b)(4)(B) by being de-designated as a non-testifying expert. The Court reasoned that after an expert witness loses protection under the statute that it is at the discretion of the district court as to whether the expert may be deposed or called to testify at trial by an …

Jackson V. Groenendyke, 132 Nev., Adv. Op. 409 (April 7, 2016), Kory Koerperich

Nevada Supreme Court Summaries

The court determined that (1) a district court may consider supplements to a party’s timely filed exceptions to a water rights determination; and (2) the district court’s determination of water rights was supported by substantial evidence.

Hunter V. Gang, 132 Nev. Adv. Op. 22 (April 7, 2016), Brandonn Grossman

Nevada Supreme Court Summaries

The Nevada Court of Appeals considered a consolidated appeal from a final district court order dismissing appellant’s complaint with prejudice for a want of prosecution and a post judgment order awarding attorney fees and costs. The Court of Appeals determined the district court abused its discretion in dismissing the action without prejudice, reversed the district court’s dismissal, vacated its award of fees and costs, and remanded.

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin

Touro Law Review

No abstract provided.

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Qualified Immunity When Facts Are In Dispute, Leon Friedman

Touro Law Review

No abstract provided.

Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles

Touro Law Review

No abstract provided.

Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass

Touro Law Review

No abstract provided.

Having A Say: Democracy, Access To Justice And Self-Represented Litigants, Jennifer Ann Leitch

PhD Dissertations

Access to Justice is one of the most contested issues on the law-and-society agenda. There is a long-standing exchange over its meaning, objectives, and success. Beneath that engagement, there is a deeper and more basic debate about the overall ambitions for access to justice: is the goal to improve peoples access to the legal process and generate more positive outcomes (the practical thesis), or to enhance peoples participation and ultimately their ability to affect justice as an end in itself (the democratic thesis)? This thesis adopts the latter approach.

The plight of self-represented litigants (SRLs) offers a revealing glimpse into …

Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter

The Journal of Appellate Practice and Process

No abstract provided.

Lay Witness Opinion Testimony On Mental State And Depression: A Call For Reform, Adam Santeusanio

University of Arkansas at Little Rock Law Review

No abstract provided.