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2013

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Articles 61 - 90 of 461

Full-Text Articles in Courts

Class Action Litigation After Dukes: In Search Of A Remedy For Gender Discrimination In Employment, Cindy A. Schipani, Terry Morehead Dworkin Jun 2013

Class Action Litigation After Dukes: In Search Of A Remedy For Gender Discrimination In Employment, Cindy A. Schipani, Terry Morehead Dworkin

University of Michigan Journal of Law Reform

In this Article we argue for substantial reforms to our system of combating workplace gender discrimination in light of the Supreme Court's ruling in Wal-Mart Stores, Inc. v. Dukes. To help counter discrimination victims' decreasing access to the courts, our proposals call for a narrow construction of the holding of Dukes. At the same time, agencies such as the Equal Employment Opportunity Commission (EEOC), the Office of Federal Contract Compliance Programs (OFCCP), and the Securities and Exchange Commission (SEC) can better use their regulatory authority to address gender discrimination. Further, regulatory agencies, arbitrators, and courts can mandate mentoring programs to …


Concepcion's Pro-Defendant Biasing Of The Arbitration Process: The Class Counsel Solution, David Korn, David Rosenberg Jun 2013

Concepcion's Pro-Defendant Biasing Of The Arbitration Process: The Class Counsel Solution, David Korn, David Rosenberg

University of Michigan Journal of Law Reform

By mandating that numerous plaintiffs litigate their common question claims separately in individual arbitrations rather than jointly in class action arbitrations, the Supreme Court in AT&T Mobility LLC v. Concepcion entrenched a potent structural and systemic bias in favor of defendants. The bias arises from the parties' divergent stakes in the outcome of the common question litigation in individual arbitrations: each plaintiff will only invest to maximize the value of his or her own claim, but the defendant has an incentive to protect its entire exposure and thus will have a classwide incentive to invest more in contesting common questions. …


The Future Of Securities Class Actions Against Foreign Companies: China And Comity Concerns, Dana M. Muir, Junhai Liu, Haiyan Xu Jun 2013

The Future Of Securities Class Actions Against Foreign Companies: China And Comity Concerns, Dana M. Muir, Junhai Liu, Haiyan Xu

University of Michigan Journal of Law Reform

In Morrison v. National Australia Bank Ltd., the U.S. Supreme Court limited the application of U.S. securities fraud law in transnational situations. The Supreme Court noted that its decision was influenced by international comity considerations. In this Article, we evaluate the availability of class actions in China in cases involving alleged securities fraud. Because we find that the availability of those actions is too limited to fully protect U.S. shareholders, we argue that U.S. investors should be permitted to bring securities fraud class actions against non-U.S. companies whose securities are traded on a U.S. exchange regardless of where those investors …


Defining Corruption And Constitutionalizing Democracy, Deborah Hellman Jun 2013

Defining Corruption And Constitutionalizing Democracy, Deborah Hellman

Michigan Law Review

The central front in the battle over campaign finance laws is the definition of corruption. The Supreme Court has allowed restrictions on the giving and spending of money in connection with elections only when they serve to avoid corruption or the appearance of corruption. The constitutionality of such laws, therefore, depends on how the Court defines corruption. Over the years, campaign finance cases have conceived of corruption in both broad and narrow terms, with the most recent cases defining it especially narrowly. While supporters and critics of campaign finance laws have argued for and against these different formulations, both sides …


Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria Nourse May 2013

Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

In this writing, the author applies a “decision theory” of statutory interpretation, elaborated recently in the Yale Law Journal, to Professor William Eskridge’s illustrative case, Babbitt v. Sweet Home Chapter of Communities for a Great Oregon. In the course of this application, she takes issue with the conventional wisdom that purposivism, as a method of statutory interpretation, is inevitably a more virtuous model of statutory interpretation. First, the author questions whether we have a clear enough jurisprudential picture both of judicial discretion and legal as opposed to political normativity. Second, she argues that, under decision theory, Sweet Home is …


The Small Claims Court: Justice For The Poor Or Convenience For The Businessman, Charles T. Eye May 2013

The Small Claims Court: Justice For The Poor Or Convenience For The Businessman, Charles T. Eye

Pepperdine Law Review

No abstract provided.


Loder V. Municipal Court, 43 Cal. App. 3d 231, 117 Cal. Rptr. 533 (1974) , Elliot L. Shelton May 2013

Loder V. Municipal Court, 43 Cal. App. 3d 231, 117 Cal. Rptr. 533 (1974) , Elliot L. Shelton

Pepperdine Law Review

No abstract provided.


Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons May 2013

Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons

Pepperdine Law Review

No abstract provided.


The Equal Rights Amendment And The Courts, Mary C. Dunlap May 2013

The Equal Rights Amendment And The Courts, Mary C. Dunlap

Pepperdine Law Review

No abstract provided.


The Judicial Politics Of Obscenity , Robert Rosenblum May 2013

The Judicial Politics Of Obscenity , Robert Rosenblum

Pepperdine Law Review

No abstract provided.


A Study Of Juvenile Record Sealing Practices In California , Leonard Edwards, Inger J. Sagatun May 2013

A Study Of Juvenile Record Sealing Practices In California , Leonard Edwards, Inger J. Sagatun

Pepperdine Law Review

No abstract provided.


Expanding The Neglected Role Of The Parent In The Juvenile Court , Raymond F. Vincent May 2013

Expanding The Neglected Role Of The Parent In The Juvenile Court , Raymond F. Vincent

Pepperdine Law Review

No abstract provided.


Certification Of Juveniles To Adult Court , Joseph N. Sorrentino, Gary K. Olsen May 2013

Certification Of Juveniles To Adult Court , Joseph N. Sorrentino, Gary K. Olsen

Pepperdine Law Review

No abstract provided.


Guidelines For Statutes For Transfer Of Juveniles To Criminal Court , Elizabeth W. Browne May 2013

Guidelines For Statutes For Transfer Of Juveniles To Criminal Court , Elizabeth W. Browne

Pepperdine Law Review

No abstract provided.


First Annual Juvenile Law Thematic Journal Pepperdine Law Review: Introduction, John L. Roche May 2013

First Annual Juvenile Law Thematic Journal Pepperdine Law Review: Introduction, John L. Roche

Pepperdine Law Review

No abstract provided.


Juvenile Justice In Transition , Julian C. Dixon May 2013

Juvenile Justice In Transition , Julian C. Dixon

Pepperdine Law Review

No abstract provided.


To Impeach Or Not To Impeach: The Stability Of Juror Verdicts In Federal Courts, Paul Jeffrey Wallin May 2013

To Impeach Or Not To Impeach: The Stability Of Juror Verdicts In Federal Courts, Paul Jeffrey Wallin

Pepperdine Law Review

No abstract provided.


Legislative Response To In Re Ronald S.: Cal. A.B. 958, Richard E. Boehm May 2013

Legislative Response To In Re Ronald S.: Cal. A.B. 958, Richard E. Boehm

Pepperdine Law Review

No abstract provided.


Preying On Playgrounds: The Sexploitation Of Children In Pornography And Prostitution, C. David Baker May 2013

Preying On Playgrounds: The Sexploitation Of Children In Pornography And Prostitution, C. David Baker

Pepperdine Law Review

No abstract provided.


The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier May 2013

The Differential Detention/Jailing Of Juveniles: A Comparison Of Detention And Non-Detention Courts, John H. Kramer, Darrell J. Steffensmeier

Pepperdine Law Review

No abstract provided.


Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder May 2013

Stay No Longer: California Juvenile Court Sentencing Practices, Sharon O. Lightholder

Pepperdine Law Review

No abstract provided.


Child Abuse Victims: Are They Also Victims Of An Adversarial And Hierarchial Court System?, Lorraine Adler May 2013

Child Abuse Victims: Are They Also Victims Of An Adversarial And Hierarchial Court System?, Lorraine Adler

Pepperdine Law Review

No abstract provided.


Here's Looking At You, Kid: Prosecutors In The Juvenile Court Process, David Keith Hicks May 2013

Here's Looking At You, Kid: Prosecutors In The Juvenile Court Process, David Keith Hicks

Pepperdine Law Review

No abstract provided.


Criminals Without Crime: The Dilemma Of The Status Offender, Lawrence N. Blum May 2013

Criminals Without Crime: The Dilemma Of The Status Offender, Lawrence N. Blum

Pepperdine Law Review

No abstract provided.


Procedural Due Process In The Discipline Of Incarcerated Juveniles, Allen F. Breed, Paul H. Voss May 2013

Procedural Due Process In The Discipline Of Incarcerated Juveniles, Allen F. Breed, Paul H. Voss

Pepperdine Law Review

No abstract provided.


Introduction: The Role Of The Juvenile Court - Social Or Legal Institution?, Enrique H. Pena May 2013

Introduction: The Role Of The Juvenile Court - Social Or Legal Institution?, Enrique H. Pena

Pepperdine Law Review

No abstract provided.


California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow May 2013

California's Response For Wrongful Death Of A Stillborn Fetus: Justus V. Atchison, Phyllis A. Dow

Pepperdine Law Review

No abstract provided.


Chief Justice Warren's Neglected Accomplishments In Federal Judicial Administration , James A. Gazell May 2013

Chief Justice Warren's Neglected Accomplishments In Federal Judicial Administration , James A. Gazell

Pepperdine Law Review

No abstract provided.


Supreme Court Institute Annual Report, 2012-2013, Georgetown University Law Center, Supreme Court Institute May 2013

Supreme Court Institute Annual Report, 2012-2013, Georgetown University Law Center, Supreme Court Institute

SCI Papers & Reports

During the 2012-2013 academic year–corresponding to the U.S. Supreme Court’s October Term (OT) 2012–the Supreme Court Institute (SCI) provided moot courts for advocates in 100% of the cases heard by the Court this Term, offered a variety of programs related to the Supreme Court, and hosted several delegations of foreign visitors. A list of all SCI moot courts held in OT 2012–arranged by argument sitting and date of moot and including the name and affiliation of each advocate and the number of student observers–follows the narrative portion of this report.


Issue 4: Table Of Contents May 2013

Issue 4: Table Of Contents

University of Richmond Law Review

No abstract provided.