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How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan 2020 Touro Law Center

How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan

Touro Law Review

No abstract provided.


Going Bare In The Law Of Assignments: When Is An Assignment Champertous?, Anthony J. Sebok 2020 Benjamin N. Cardozo School of Law

Going Bare In The Law Of Assignments: When Is An Assignment Champertous?, Anthony J. Sebok

Articles

The article critiques the legal distinction between champerty and assignment, arguing that the focus should be on the assignor's motives rather than the assignee's identity. It challenges Dr. David Capper's approach to defining "bare assignments" and proposes that assignments should not be prohibited based solely on the assignee's identity unless they facilitate abus


Internet Jurisdiction: Using Content Delivery Networks To Ascertain Intention, Patrick Lin 2020 Columbia Law School

Internet Jurisdiction: Using Content Delivery Networks To Ascertain Intention, Patrick Lin

LL.M. Essays & Theses

Specific jurisdiction in civil litigation centers on the rather general,yet immutable, concept of intention. Although the word “intention” does not surface prominently in the personal jurisdiction case law, it is clearly intrinsic to the concept of “purposeful availment”. On the Internet, however, intention is hard to ascertain: how does a court, for example, determine whether the defendant intended that its website, application, or advertisement within a mobile application should end up in the forum state? In answering such a question, courts have historically used one of two approaches to establish intent: (i) a targeting test or (ii) a degree of …


Economic Analysis Of Jewish Law, Keith Sharfman 2020 St. John’s University School of Law

Economic Analysis Of Jewish Law, Keith Sharfman

Touro Law Review

No abstract provided.


Chandra V. Schulte, 135 Nev. Adv. Op. 66 (December 26, 2019), Michael Desmond 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

Chandra V. Schulte, 135 Nev. Adv. Op. 66 (December 26, 2019), Michael Desmond

Nevada Supreme Court Summaries

The Court determined that (1) the spousal exception bars recovery from the Nevada Real Estate Education, Research and Recovery Fund (“Fund”) for fraud incurred during the period of the marriage and (2) where a spouse co-owned the defrauded property, the surviving spouse may not recover from the Fund.


On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler 2020 Phyllis Chesler Organization

On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period, Christopher M. Roberts 2020 Loyola Marymount University and Loyola Law School

Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period, Christopher M. Roberts

Loyola of Los Angeles International and Comparative Law Review

This article is concerned with the structure of repressive governance, and how it has evolved historically. It examines this theme through an exploration of the manner which repressive laws and institutions evolved in Britain over the course of the late eighteenth century. In particular, it reviews the various measures that British authorities utilized and relied upon in order to confront a growing wave of calls for social and political reforms. These included a policy of aggressive prosecutions of dissidents; the creation of new institutions such as the Home Office designed to enhance the powers of the central authorities; extralegal measures …


Confidentiality In The Courts: Privacy Protection Or Prior Restraint?, Sergio J. Campos 2020 University of Miami School of Law

Confidentiality In The Courts: Privacy Protection Or Prior Restraint?, Sergio J. Campos

Articles

In civil litigation courts often deal with information that is subject to a previously imposed restraint on the ability of a court or others to use the information. Such “evidentiary prior restraints” arise most prominently in settlement agreements, which may include nondisclosure provisions that prevent information concerning the settlement from being used by parties to the agreement. But evidentiary prior restraints can also arise from prior court action, as when parties seek information subject to a protective order or sealing order made by a different court. Although evidentiary prior restraints have received great attention given recent controversies concerning sexual harassment, …


Individual Preferences In Policy Analysis: A Normative Framework, Gabriel Weil 2020 Touro Law Center

Individual Preferences In Policy Analysis: A Normative Framework, Gabriel Weil

Scholarly Works

Measures of individual preferences are a key input in cost-benefit analysis. However, behavioral science has raised questions about the rationality of these preferences. The Nudge thesis relies on that scientific research to prescribe interventions to influence individual choices. However, the more modest step of limiting reliance on these preferences in evaluating non-paternalistic government policies has not been taken up. We lack a consistent theory of when public policy should defer to these preferences, with legal and policy advocates adopting ad hoc result-oriented approaches. I argue that policymakers should be prepared to override individual preferences in cases where their only plausible …


Should I Stay Or Should I Go: Student Housing, Remote Instruction, Campus Policies And Covid-19, Patricia E. Salkin, Pamela Ko 2020 Touro Law Center

Should I Stay Or Should I Go: Student Housing, Remote Instruction, Campus Policies And Covid-19, Patricia E. Salkin, Pamela Ko

Scholarly Works

In March 2020, as the world scrambled to understand and address myriad public health and economic challenges unfolding from the novel coronavirus labeled COVID-19, higher education was forced into a tailspin. This article examines the legal and policy challenges that result from, among other issues, the congregate housing situations existing for on- and off-campus housing at colleges and universities. The legal issues demonstrate federalism at work and include; at the federal level, regulations and guidance from the White House, the Center for Disease Control (CDC) and the U.S. Department of Education; at the State level from gubernatorial executive orders, state …


An Avenue For Fairness: Disclosure-Based Compensation Schemes For Good Faith Purchasers Of Stolen Art, Caroline Harvey 2020 University of Georgia School of Law

An Avenue For Fairness: Disclosure-Based Compensation Schemes For Good Faith Purchasers Of Stolen Art, Caroline Harvey

Georgia Law Review

Art theft occurs regularly around the world, and each
year stolen works of art are funneled into the
international art market. While the United States boasts
the world’s largest art market, it is also home to the
biggest market of illegal art. Longstanding principles of
property law are unfavorable to unwitting good faith
purchasers of stolen art, who are often forced to return
works to true owners at great financial loss. This Note
explores the legal implications of purchasing a stolen
work of art in the United States and the equities
associated with defenses available to good faith
purchasers. In …


The Other Hobbs Act: An Old Leviathan In The Modern Administrative State, Jason N. Sigalos 2020 University of Georgia School of Law

The Other Hobbs Act: An Old Leviathan In The Modern Administrative State, Jason N. Sigalos

Georgia Law Review

The Hobbs Administrative Orders Review Act is a
little-known statute, one that is often mistaken for a
federal criminal statute with a similar name.
The lesser-known Hobbs Act requires aggrieved parties
to challenge certain agency orders in a federal court of
appeals within sixty days of the order’s promulgation.
However, if no party does so, are later parties bound by
a potentially unlawful agency order in subsequent
enforcement actions? The U.S. Supreme Court recently
dodged this question in PDR Network, LLC v. Carlton
& Harris Chiropractic, Inc. That case concerned a suit
between two private parties under the Telephone
Consumer …


Jury Trial Disparities Between Class Actions And Shareholder Derivative Actions In State Courts, Ann M. Scarlett 2020 University of Oklahoma College of Law

Jury Trial Disparities Between Class Actions And Shareholder Derivative Actions In State Courts, Ann M. Scarlett

Oklahoma Law Review

No abstract provided.


Anticipating Procedural Innovation: How And When Parties Calibrate Procedure Through Contract, Henry Allen Blair 2020 University of Oklahoma College of Law

Anticipating Procedural Innovation: How And When Parties Calibrate Procedure Through Contract, Henry Allen Blair

Oklahoma Law Review

No abstract provided.


A Cacophony Of Speech, Law, And Persona: Battling Against The Vortex Of #Metoo In France And The U.S., Anne Wagner, Sarah Marusek 2019 Louisiana State University Law Center

A Cacophony Of Speech, Law, And Persona: Battling Against The Vortex Of #Metoo In France And The U.S., Anne Wagner, Sarah Marusek

Journal of Civil Law Studies

The pervasive proliferation of rumors, through #MeToo and #BalanceTonPorc, communicates meaningful and meaningless-making processes on misconducts both in the French and U.S. con-texts. Such rumors have transformed the online practices by culti-vating both verbal and non-verbal hate speech free and/or free speech. This cacophony of speech, law, and persona has led to a debate relayed on social media platforms, exposing people to a dan-ger zone mostly based as shame, hate, fear, or even destruction, as anonymity and due process no longer prevail.


James R. Maxeiner, Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives, Scott J. Burnham, Markus G. Puder 2019 Louisiana State University Law Center

James R. Maxeiner, Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives, Scott J. Burnham, Markus G. Puder

Journal of Civil Law Studies

No abstract provided.


Tracie F. V. Francisco D., Kourtney Benton 2019 Louisiana State University Law Center

Tracie F. V. Francisco D., Kourtney Benton

Journal of Civil Law Studies

No abstract provided.


Vekic V. Popich, George Day 2019 Louisiana State University Law Center

Vekic V. Popich, George Day

Journal of Civil Law Studies

No abstract provided.


Guffey V. Lexington House, Adam Laliberte 2019 Louisiana State University Law Center

Guffey V. Lexington House, Adam Laliberte

Journal of Civil Law Studies

No abstract provided.


Cover, Masthead & Contents, 2019 Louisiana State University Law Center

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


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