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Articles 31 - 60 of 101
Full-Text Articles in Legal Remedies
The Implausibility Standard For Environmental Plaintiffs: The Twiqbal Plausibility Pleading Standard And Affirmative Defenses, Celeste Anquonette Ajayi
The Implausibility Standard For Environmental Plaintiffs: The Twiqbal Plausibility Pleading Standard And Affirmative Defenses, Celeste Anquonette Ajayi
Washington Law Review
Environmental plaintiffs often face challenges when pleading their claims. This is due to difficulty in obtaining the particular facts needed to establish causation, and thus liability. In turn, this difficulty inhibits their ability to vindicate their rights. Prior to the shift in pleading standards created by Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, often informally referred to as “Twiqbal,” plaintiffs could assert their claims through the simplified notice pleading standard articulated in Conley v. Gibson. This allowed plaintiffs to gain access to discovery, which aided in proving their claims.
The current heightened pleading standard …
Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow
Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow
Washington Law Review
Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …
"Very Complex Questions": Zoos, Animals, And The Law, Dana Mirsky
"Very Complex Questions": Zoos, Animals, And The Law, Dana Mirsky
William & Mary Environmental Law and Policy Review
In Sulawesi, Indonesia—forty-five thousand years ago, an artist painted what is now the world’s oldest known cave painting—a life-size image of a wild pig. Forty thousand years later, the elite of Hierakonpolis, Egypt, housed elephants, hippos, and baboons in the world’s oldest known zoo. Today, individuals keep exotic fish, reptiles, and birds as pets while zoos and aquariums display some of the largest and rarest animals on the planet. The human fascination with wild animals is clearly not a new phenomenon, but how and why we keep wild animals have evolved over time. Zoos in particular have changed dramatically just …
Police Use Of Force Laws In Texas, Gerald S. Reamey
Police Use Of Force Laws In Texas, Gerald S. Reamey
St. Mary's Law Journal
Abstract forthcoming.
Research On Legal Problems In And Countermeasures For Prevention And Control Marine Environment Pollution By Ships, Dapeng Sun
Maritime Safety & Environment Management Dissertations (Dalian)
No abstract provided.
A “License To Kale”—Free Speech Challenges To Occupational Licensing Of Nutrition And Dietetics, Taylor J. Newman, Angela E. Surrett
A “License To Kale”—Free Speech Challenges To Occupational Licensing Of Nutrition And Dietetics, Taylor J. Newman, Angela E. Surrett
St. Mary's Law Journal
State licensing of medical professions has occurred for over a century. Recently, these licensure statutes have been subject to First Amendment challenges, alleging occupational licensure impermissibly restricts freedom of speech. This Comment addresses these free speech challenges, arguing occupational licensure statutes, at least for medical professions, only incidentally impacts free speech—if at all—by permissibly regulating medical professional conduct necessarily requiring speech. Within, the authors ultimately describe, demonstrate, and recommend a legal framework, the other factor/personal nexus approach. This approach helps determine the point at which speech becomes regulable professional conduct subject to licensing, utilizing the nutrition and dietetics profession, and …
The Texas Legislature Has Significantly Broadened The Statute Governing Recovery Of Attorney's Fees In Breach Of Contract Cases, Gregory Scott Crespi, West Menefee Bakke
The Texas Legislature Has Significantly Broadened The Statute Governing Recovery Of Attorney's Fees In Breach Of Contract Cases, Gregory Scott Crespi, West Menefee Bakke
SMU Law Review Forum
Texas recently enacted amendments that significantly expand the scope of section 38.001 of the Texas Civil Practice & Remedies Code, a statute that awards attorney’s fees to successful claimants in breach of contract cases. Under the new amendments, which take effect September 1, 2021, the prevailing party may recover reasonable attorney’s fees from most forms of business organizations, including partnerships and limited liability companies—not just from individuals and corporations, as the statute previously provided. And although there has been some confusion on this point, the amended statute continues to protect governments and governmental agencies from attorney’s fees liability. Additionally, the …
Antitrust Harm And Causation, Herbert J. Hovenkamp
Antitrust Harm And Causation, Herbert J. Hovenkamp
All Faculty Scholarship
How should plaintiffs show harm from antitrust violations? The inquiry naturally breaks into two issues: first, what is the nature of the harm? and second, what does proof of causation require? The best criterion for assessing harm is likely or reasonably anticipated output effects. Antitrust’s goal should be output as high as is consistent with sustainable competition.
The standard for proof of causation then depends on two things: the identity of the enforcer and the remedy that the plaintiff is seeking. It does not necessarily depend on which antitrust statute the plaintiff is seeking to enforce. For public agencies, enforcement …
Landlord Bounty Hunters: Qui Tam As An Effective Tool For Housing Code Enforcement, Alex Ellefson
Landlord Bounty Hunters: Qui Tam As An Effective Tool For Housing Code Enforcement, Alex Ellefson
Journal of Law and Policy
Millions of American renters live in substandard housing. Conditions in these homes not only affect individual renters’ quality of life, but in the aggregate create enormous burdens on public resources in the form of higher healthcare costs, demand for public benefits, and lower economic productivity. Furthermore, the legacy of racist housing policies in the United States has concentrated poor housing conditions in low-income communities of color. This Note argues that existing methods of housing code enforcement are inadequate. Instead, housing advocates should turn to an ancient remedy that has been used to prosecute fraud, labor violations, and even pirates: qui …
Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez
Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo
House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo
The Scholar: St. Mary's Law Review on Race and Social Justice
A history of school finance litigation and legislation shows there are inherent and structural problems in Texas’s education finance system. Like many government and social structures, the Texas school finance system is built to benefit school districts that have greater access to wealth to begin with and creates inequalities between rich and poor populations as well as between people of color and Caucasians. House Bill 3 went into effect in 2019 and promises improvements to “recapture” calculations, increases in certain allotments, as well as salary increases for some Texas teachers. Some changes to education finance were sorely needed such as …
The Termination Of Parental Rights In Texas: The Long Run Cut Short For Parents In Bexar County, Gabriel A. Narvaez
The Termination Of Parental Rights In Texas: The Long Run Cut Short For Parents In Bexar County, Gabriel A. Narvaez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman
Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Remediating Racism For Rent: A Landlord’S Obligation Under The Fha, Mollie Krent
Remediating Racism For Rent: A Landlord’S Obligation Under The Fha, Mollie Krent
Michigan Law Review
The Fair Housing Act (FHA) is an expansive and powerful piece of legislation that furthers equal housing in the United States by ferreting out discrimination in the housing market. While the power of the Act is well recognized by courts, the full contours of the FHA are still to be refined. In particular, it remains unsettled whether and when a landlord can be liable for tenant-on-tenant harassment. This Note argues, first, that the FHA does recognize liability in such a circumstance and, second, that a landlord should be subject to liability for her negligence in such a circumstance. Part I …
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Villanova Environmental Law Journal
No abstract provided.
Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley
Environmental Justice Class Action Rises Above The Rubbish: The Third Circuit Revives Common-Law Nuisance Remedies In Baptiste V. Bethlehem Landfill Co., Kyra G. Bradley
Villanova Environmental Law Journal
No abstract provided.
Don't You Know That You're Toxic? Cercla Section 113(H) Challenges, Sovereign Immunity, And Perfluoroalkyl Substances In Pennsylvania Drinking Water In Giovanni V. Navy, Stephanie J. Oppenheim
Don't You Know That You're Toxic? Cercla Section 113(H) Challenges, Sovereign Immunity, And Perfluoroalkyl Substances In Pennsylvania Drinking Water In Giovanni V. Navy, Stephanie J. Oppenheim
Villanova Environmental Law Journal
No abstract provided.
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Honors Theses
The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …
Appraising Problems, Not Stuff, Chad J. Pomeroy
Appraising Problems, Not Stuff, Chad J. Pomeroy
St. Mary's Law Journal
Abstract forthcoming.
With Actual Knowledge Comes Lack Of Materiality: Offering A Reasonable Bright-Line Rule For The Escobar Materiality Standard, Nicholas B. Goddard
With Actual Knowledge Comes Lack Of Materiality: Offering A Reasonable Bright-Line Rule For The Escobar Materiality Standard, Nicholas B. Goddard
St. Mary's Law Journal
Abstract forthcoming.
Going Rogue: The Supreme Court's Newfound Hostility To Policy-Based Bivens Claims, Joanna C. Schwartz, Alexander A. Reinert, James E. Pfander
Going Rogue: The Supreme Court's Newfound Hostility To Policy-Based Bivens Claims, Joanna C. Schwartz, Alexander A. Reinert, James E. Pfander
Faculty Articles
In Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), the Supreme Court held that a proposed Bivens remedy was subject to an exacting special factors analysis when the claim arises in a “new context.” In Ziglar itself, the Court found the context of the plaintiffs’ claims to be “new” because, in the Court’s view, they challenged “large-scale policy decisions concerning the conditions of confinement imposed on hundreds of prisoners.” Bivens claims for damages caused by unconstitutional policies, the Court suggested, were inappropriate.
This Essay critically examines the Ziglar Court’s newfound hostility to policy-based Bivens claims. We show that an …
The Relevance Of Defendants’ Wealth For Forward-Looking, Backward-Looking, And Mixed Accounts Of Tort Damages, Michael Pressman
The Relevance Of Defendants’ Wealth For Forward-Looking, Backward-Looking, And Mixed Accounts Of Tort Damages, Michael Pressman
Chicago-Kent Law Review
No abstract provided.
Common Law Remedies Available For Petroleum Contamination Of Soil And Groundwater In Kentucky, Henry L. Stephens Jr.
Common Law Remedies Available For Petroleum Contamination Of Soil And Groundwater In Kentucky, Henry L. Stephens Jr.
Journal of Natural Resources & Environmental Law
No abstract provided.
Corruption In Capsules: How It Is Legal For Companies To Put Harmful Ingredients In Vitamins And Dietary Supplements, Emily Leggiero
Corruption In Capsules: How It Is Legal For Companies To Put Harmful Ingredients In Vitamins And Dietary Supplements, Emily Leggiero
English Department: Research for Change - Wicked Problems in Our World
The vitamin and supplement industry has increased exponentially in profits as well as potential products on the market since the turn of the century. However, these products are not regulated, nor do they undergo any premarket clinical research or testing. Public health is compromised by vitamins and supplements that are available for American consumption that is disproportionately unregulated to their chemically similar counterparts. This wicked problem is facilitated through the combination of historical legislative definitions that has since been distorted for corrupt administrative gain through the allotment of corporate expenditures. Company disbursements are made to the same policymakers that create …
United States Judicial System Failures And Solutions, Braden P. Barker
United States Judicial System Failures And Solutions, Braden P. Barker
English Department: Research for Change - Wicked Problems in Our World
For years, the American judicial system has unfairly punished the American people. These actions have led to serious societal consequences. We have prisons that sentence people to harsh punishment for nonviolent offenses, an overfunded and militarized police force, and racial biases that lead to the tragic killings of black people at the hands of the police that are intended to protect and serve us. This essay looks to diagnose the United States judicial system’s woes. More importantly, we take a look at what steps can be taken immediately to begin reversing the negative impact of these issues.
Precise Punishment: Why Precise Punitive Damage Requests Result In Higher Awards Than Round Requests, Michael Conklin
Precise Punishment: Why Precise Punitive Damage Requests Result In Higher Awards Than Round Requests, Michael Conklin
Michigan Business & Entrepreneurial Law Review
Imagine a setting where someone asks two people what the temperature is outside. The first person says it is 80 °F, while the second person says it is 78.7 °F. Research regarding precise versus round cognitive anchoring suggests that the second person is more likely to be believed. This is because it is human nature to assume that if someone gives a precise answer, he must have good reason for doing so. This principle remains constant in a variety of settings, including used car negotiations, eBay transactions, and estimating the field goal percentage of a basketball player.
This Article reports …
The Ragged Edge Of Rugged Individualism: Wage Theft And The Personalization Of Social Harm, Matthew Fritz-Mauer
The Ragged Edge Of Rugged Individualism: Wage Theft And The Personalization Of Social Harm, Matthew Fritz-Mauer
University of Michigan Journal of Law Reform
Every year, millions of low-wage workers suffer wage theft when their employers refuse to pay them what they have earned. Wage theft is both prevalent and highly impactful. It costs individuals thousands each year in unpaid earnings, siphons tens of billions of dollars from low-income communities, depletes the government of necessary resources, distorts the competitive labor market, and causes significant personal harm to its victims. In recent years, states and cities have passed new laws to attack the problem. These legal changes are important. They are also, broadly speaking, failing the people they are supposed to protect.
This Article fills …
The Militia: A Definition And Litmus Test, Marcus Armstrong
The Militia: A Definition And Litmus Test, Marcus Armstrong
St. Mary's Law Journal
The United States Supreme Court, in its decision in Perpich v. Department of Defense, ruled that members of the National Guard are “troops” as that word is used in the Constitution. In doing so, the Court negated a long-standing, but obsolete, definition of the militia. However, this move away from an obsolete definition of the militia posed considerable difficulties that the Court was unable to rectify in its Perpich decision. In this Article, the author hopes to help rectify these difficulties by proposing four necessary characteristics that define the militia: first, the militia is a military force; second, the …
The Case For The Rodeo: An Analysis Of The Houston Livestock Show And Rodeo’S Inverse Condemnation Case Against The City Of Houston, Emilio R. Longoria
The Case For The Rodeo: An Analysis Of The Houston Livestock Show And Rodeo’S Inverse Condemnation Case Against The City Of Houston, Emilio R. Longoria
St. Mary's Law Journal
On March 11, 2020, Mayor of Houston, Sylvester Turner, (the Mayor) forced the Houston Livestock Show and Rodeo to close in order to slow the transmission rate of COVID-19 (coronavirus disease 2019). This use of the Mayor’s police powers caused a severe economic disruption, which the Rodeo is still recovering from today. This Article makes the case that the City’s forced closure of the Rodeo was a compensable taking under the Fifth Amendment to the U.S. Constitution and Article 1, Section 17 of the Texas Constitution—regardless of the fact the City acted pursuant to its police powers. Such a finding …
Bitcoin Searches And Preserving The Third-Party Doctrine, Christine A. Cortez
Bitcoin Searches And Preserving The Third-Party Doctrine, Christine A. Cortez
St. Mary's Law Journal
Abstract forthcoming.