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Articles 241 - 260 of 260
Full-Text Articles in Judges
The Paradox Of Continuing Risk, W. Jonathan Cardi, Ashton Jenne, Chance Villarreal
The Paradox Of Continuing Risk, W. Jonathan Cardi, Ashton Jenne, Chance Villarreal
American University Law Review
The continuing-risk rule is ubiquitously cited by Restatements, casebooks, and treatises as a core duty rule in negligence cases. Indeed, as this Article reveals, the rule has been “adopted”—in the sense that at least one court in a jurisdiction has applied the rule, and no court has rejected it—in thirty-one jurisdictions. In addition to the breadth of its adoption, the continuing-risk rule is also far-reaching: it imposes an affirmative duty to warn, protect, or rescue another from a risk if the defendant’s conduct contributed to the initial creation of that risk. Because most negligence cases involve risk-creating conduct by the …
Electing The Supreme Court, Dmitry Bam
Electing The Supreme Court, Dmitry Bam
FIU Law Review
There is a curious irony in how we select United States Supreme Court justices. According to basic constitutional theory, as well as the arguments made by many leading Framers at the time of the Founding, one of the Court’s primary roles is to serve as a check on the executive and legislative branches when they exceed the constitutional limits imposed by the American people. Yet, we ask those very branches to jointly select the justices responsible for enforcing these limits, leaving the American people with only an indirect (if any) role in the process. Not surprisingly, the justices nominated by …
Administrative Law: Major Questions About Presidentialism, Jodi L. Short
Administrative Law: Major Questions About Presidentialism, Jodi L. Short
The Judges' Book
No abstract provided.
Civil Procedure: The Culture Of Forum Shopping In Civil Litigation, Scott Dodson
Civil Procedure: The Culture Of Forum Shopping In Civil Litigation, Scott Dodson
The Judges' Book
No abstract provided.
Civil Procedure: Cy Pres In Federal Securities Class Actions, Scott Dodson
Civil Procedure: Cy Pres In Federal Securities Class Actions, Scott Dodson
The Judges' Book
No abstract provided.
Antitrust: Ai And Antitrust: “The Algorithm Made Me Do It”, Robin Feldman
Antitrust: Ai And Antitrust: “The Algorithm Made Me Do It”, Robin Feldman
The Judges' Book
No abstract provided.
Civil Procedure: When Does State Law Affect Federal Jurisdiction?, Scott Dodson
Civil Procedure: When Does State Law Affect Federal Jurisdiction?, Scott Dodson
The Judges' Book
No abstract provided.
Criminal Law: Felons, Firearms, And The “Federalization” Of Crime, Jonathan Abel
Criminal Law: Felons, Firearms, And The “Federalization” Of Crime, Jonathan Abel
The Judges' Book
No abstract provided.
Environmental Law: Sackett And The Rules Of Statutory Misinterpretation, Dave Owen
Environmental Law: Sackett And The Rules Of Statutory Misinterpretation, Dave Owen
The Judges' Book
No abstract provided.
Health Law: Internet Prescription, Federalism, And The Opioid Crisis, Benjamin A. Barsky
Health Law: Internet Prescription, Federalism, And The Opioid Crisis, Benjamin A. Barsky
The Judges' Book
No abstract provided.
Andrew Phang (Gen. Ed.), Pioneer, Polymath And Mentor: The Life And Legacy Of Yong Pung How, Kwan Ho Lau, Bryan Leow
Andrew Phang (Gen. Ed.), Pioneer, Polymath And Mentor: The Life And Legacy Of Yong Pung How, Kwan Ho Lau, Bryan Leow
Research Collection Yong Pung How School Of Law
Many know the story of modern Singapore in broad outline. When the country attained independence in 1965, it was not industrialised and fishing villages still dotted the landscape. By 1990, GDP per capita had risen to around US$13,000, far exceeding its neighbours and on par with Hong Kong and New Zealand. A further three decades on, Singapore today boasts gleaming skyscrapers, well-developed infrastructure and a high degree of trust by residents and investors alike in its government.
Intuitions In Tort Law And Theory, James A. Macleod
Intuitions In Tort Law And Theory, James A. Macleod
Articles
This Essay highlights the many ways that ordinary conceptual and moral intuitions shape the development of tort law. It further argues that, for a range of doctrinal and institutional reasons, such intuitions deserve a central place in tort theorists’ efforts to explain, predict, justify, and reform the law of torts. Finally, given the stakes for both positive and normative tort theory, the Essay emphasizes the need for more systematic empirical research into the content and operation of people’s tort-relevant intuitions.
Notice Pleading’S Quiet Return, Alexander A. Reinert
Notice Pleading’S Quiet Return, Alexander A. Reinert
Articles
Fifteen years ago, the Supreme Court announced two significant civil procedure decisions – Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009). Together, Iqbal and Twombly marked a new approach to pleading in federal courts. No longer would courts apply the forgiving notice pleading standard, in force since the 1938 adoption of the Federal Rules of Civil Procedure. In its place, the Court introduced plausibility pleading, inviting district courts to apply their “judicial experience and common sense” to decide whether a claim was “plausible.” Commentators expressed alarm, predicting that the new standard …
Doubting Thomas And Questioning Stare Decisis Under The Roberts Court, Wilfred U. Codrington Iii
Doubting Thomas And Questioning Stare Decisis Under The Roberts Court, Wilfred U. Codrington Iii
Articles
The article critically examines the erosion of stare decisis under the Roberts Court, highlighting concerns about the Supreme Court's increasing willingness to overturn established precedents. While acknowledging the importance of stare decisis in maintaining stability and equality, the author argues that its practical value is being undermined by ideological polarization and a departure from traditional legal reasoning. The article questions the Court's recent approach to precedent, particularly in cases like Dobbs v. Jackson Women's Health Organization and Students for Fair Admissions v. Harvard, and critiques the conservative majority's aggressive use of judicial power.
You Get The Jury You Get And You Don’T Throw A Fit, Taurus Myhand
You Get The Jury You Get And You Don’T Throw A Fit, Taurus Myhand
Scholarly Works
The proliferation of deepfake videos has resulted in rapid improvements in the technology used to create them. Although the use of fake videos and images is not new, advances in artificial intelligence have made deepfakes easier to make and harder to detect. Basic human perception is no longer sufficient to detect deepfakes. Yet, under the current construction of the Federal Rules of Evidence, trials judges are expected to do just that. Trial judges face a daunting challenge when applying the current evidence authentication standards to video evidence in this new reality of widely available deepfake videos. This article examines the …
Constitutional Law: First Amendment Disequilibrium, Christina Koningisor
Constitutional Law: First Amendment Disequilibrium, Christina Koningisor
The Judges' Book
No abstract provided.
Immigration Law: Decisionmaking In U.S. Immigration Courts, Karen Musalo
Immigration Law: Decisionmaking In U.S. Immigration Courts, Karen Musalo
The Judges' Book
No abstract provided.
Refugee Law: Human Rights, Refugee Law, And Border Crossing, Moria Paz
Refugee Law: Human Rights, Refugee Law, And Border Crossing, Moria Paz
The Judges' Book
No abstract provided.
Perceptions And Treatment Decisions For A Drug Offender Based On Social Class, Cocaine Type, Personal Characteristics, And Compassionate Love: A Vignette Study, Yasmin A. Odeh
Theses and Dissertations
Problem: The shift from a focus on rehabilitation to the more punitive, “tough on crime” approach to illegal behavior in the U.S. has been enacted in no small way by policies connected to the use and abuse of drugs. The disparities between crack and powder cocaine—two chemically similar substances—have headlined this shift (Vagins and McCurdy 2006). However, research is scarce on laypeople’s approval of deterrence approaches for drug offenses, including as a function of types (e.g., powder vs. cocaine possession). This study examined people’s perceptions of prosecutorial decisions for drug offenders—whether they are punished, rehabilitated, or both—and whether people perceived …