Mechanic’S And Materialmen’S Liens In Georgia Research Guide,
2017
Georgia State University College of Law
Mechanic’S And Materialmen’S Liens In Georgia Research Guide, Benjamin Yancey
Law Library Student-Authored Works
No abstract provided.
Riding The Wave Or Drowning?: An Analysis Of Gender Bias And Twombly/Iqbal In Title Ix Accused Student Lawsuits,
2017
Wake Forest University School of Law
Riding The Wave Or Drowning?: An Analysis Of Gender Bias And Twombly/Iqbal In Title Ix Accused Student Lawsuits, Bethany A. Corbin
Fordham Law Review
This Article offers the first empirical analysis of dismissal trends in reverse Title IX cases and highlights that most courts erroneously dismiss these lawsuits at the 12(b)(6) stage. Through a misinterpretation of plausibility pleading, these courts hold that accused perpetrators have not shown causal evidence of discrimination at the outset of the lawsuit. This prodismissal approach, however, violates Swierkiewicz v. Sorema N.A.’s proclamation complaint. This Article proposes a more flexible causal pleading scheme that satisfies Twombly, Iqbal, and Swierkiewicz and ensures accused perpetrators receive their day in court. Alternatively, this Article argues for limited predismissal discovery in …
As A Matter Of Fact: Factual Methodology In Obergefell V. Hodges And Its Implications For Public Policy,
2017
Liberty University
As A Matter Of Fact: Factual Methodology In Obergefell V. Hodges And Its Implications For Public Policy, Clint Hamilton
The Kabod
What are the implications of the confusing decision the Supreme Court reached in Obergefell v. Hodges that challenged the definition of marriage as legal bond between a man and a woman. Much of this confusion has arisen because instead of following the usual factual methodology to reach this groundbreaking (and very controversial) decision, the Supreme Court used an abnormal pattern of fact-finding. The use of abnormal methodology resulted in many complicated and tumultuous policy questions at both the State and National levels of government. This paper investigates both the methodology that resulted in the Supreme Court’s decision and its ramifications.
Sex Reassignment Surgery & The New Standard Of Care: An Analysis Of The Role The Federal Court System, The States, Society, And The Medical Community Serve In Paving The Way For Incarcerated Transgendered Persons' Constitutional Right To A Sex Change,
2017
Barry University School of Law
Sex Reassignment Surgery & The New Standard Of Care: An Analysis Of The Role The Federal Court System, The States, Society, And The Medical Community Serve In Paving The Way For Incarcerated Transgendered Persons' Constitutional Right To A Sex Change, Victor J. Genchi
Barry Law Review
No abstract provided.
Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance,
2017
Barry University School of Law
Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic
Barry Law Review
No abstract provided.
Civil Justice Reform - An Idaho Imperative,
2017
Idaho Supreme Court
Civil Justice Reform - An Idaho Imperative, Jim Jones
Concordia Law Review
No abstract provided.
What Can The Feds And The French Teach Us About Criminal Restitution In Maine?,
2017
University of Maine School of Law
What Can The Feds And The French Teach Us About Criminal Restitution In Maine?, Benjamin M. Birney
Maine Law Review
On New Year’s Eve 1981, seventeen year old Kevin Tunell, returning home from a party at which he had consumed a large amount of champagne, struck and killed eighteen year old Susan Herzog. In 1982, Tunell pleaded guilty to manslaughter and was sentenced to lecture to teens on the dangers of drunk driving for one year. Herzog’s family, outraged at what they perceived to be the leniency of the sentence, brought a civil action against Tunell, obtaining a $100,000 settlement from his insurance company. In addition, Tunell agreed to send one dollar to Herzog’s family every week for eighteen years. …
Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency,
2017
Roger Williams University School of Law
Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan
Law School Blogs
No abstract provided.
Trending @ Rwu Law: Louise Ellen Teitz's Post: The Supreme Court And Cross-Border Litigation 04-04-2017,
2017
Roger Williams University School of Law
Trending @ Rwu Law: Louise Ellen Teitz's Post: The Supreme Court And Cross-Border Litigation 04-04-2017, Louise Ellen Teitz
Law School Blogs
No abstract provided.
Due Process Without Judicial Process?: Antiadversarialism In American Legal Culture,
2017
Stanford Law School
Due Process Without Judicial Process?: Antiadversarialism In American Legal Culture, Norman W. Spaulding
Fordham Law Review
For decades now, American scholars of procedure and legal ethics have remarked upon the death of the jury trial. If jury trial is not in fact dead as an institution for the resolution of disputes, it is certainly “vanishing.” Even in complex litigation, courts tend to facilitate nonadjudicative resolutions—providing sites for aggregation, selection of counsel, fact gathering, and finality (via issue and claim preclusion)—rather than trial on the merits in any conventional sense of the term. In some high-stakes criminal cases and a fraction of civil cases, jury trial will surely continue well into the twenty-first century. Wall-to-wall media coverage …
The Bellwether Settlement,
2017
Loyola Law School
The Bellwether Settlement, Adam S. Zimmerman
Fordham Law Review
This Article examines the use of bellwether mediation in mass litigation. Bellwether mediations are different from bellwether trials,” a practice where parties choose a representative sample of cases for trial to determine how to resolve a much larger number of similar cases. In bellwether mediations, the parties instead rely on a representative sample of settlement outcomes overseen by judges and court-appointed mediators.
Demosprudence On Trial: Ethics For Movement Lawyers, In Ferguson And Beyond,
2017
Saint Louis Univeristy School of Law
Demosprudence On Trial: Ethics For Movement Lawyers, In Ferguson And Beyond, Justin Hansford
Fordham Law Review
This Article suggests that although civil litigation remains a viable tool, the vanishing trial has limited impact on movement lawyers because we can use the law to promote social change outside of the courtroom. The demosprudence framework helps us to understand this process. By applying this framework to the movement lawyering context, movement lawyers can adapt to the void in voice created by the vanishing trial in civil litigation and still help the movement.
Mass Torts And The Pursuit Of Ethical Finality,
2017
University of Texas Law School
Mass Torts And The Pursuit Of Ethical Finality, Lynn A. Baker
Fordham Law Review
Judges, lawyers, and academics largely agree that comprehensive finality is a central goal of mass tort litigation and settlements. More controversial is whether such finality is normatively preferable, inherently ethically problematic, or can be achieved through nonclass aggregate settlements without running afoul of the existing ethics rules. This Article joins this important debate.
Civil Trials: A Film Illusion?,
2017
University of Maryland Francis King Carey School of Law
Civil Trials: A Film Illusion?, Taunya L. Banks
Fordham Law Review
As Judge Elrod’s comments suggest, the most well-known courtroom film classics, like 12 Angry Men, Anatomy of a Murder, or Witness for the Prosecution are about criminal trials. This fact may be unimportant because the distinction between criminal and civil trial films often is lost on the general public. Unanswered is whether the distinction between criminal and civil trials is important when determining the impact of the decline in real-life civil trials on American popular culture and courtroom films in particular. This question is the focus of this Article.
Twenty Reasons To Publish In Dignity,
2017
University of Rhode Island
Twenty Reasons To Publish In Dignity, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Lawyers' Ethics Beyond The Vanishing Trial: Unrepresented Claimaints, De Facto Aggregations, Arbitration Mandates, And Privatized Processes,
2017
Fordham Law School
Lawyers' Ethics Beyond The Vanishing Trial: Unrepresented Claimaints, De Facto Aggregations, Arbitration Mandates, And Privatized Processes, Judith Resnik
Fordham Law Review
Trials are a vivid variable in the world of litigation, as reflected in the title of this colloquium, Civil Litigation Ethics at a Time of Vanishing Trials. The conveners have wisely drawn attention to the disjuncture between legal ethics and today’s litigation world. In this Introduction, I argue that the challenges for lawyers loom larger than those reflected in the declining rate of trials. More facets of contemporary dispute resolution need to be engaged when contemplating the topics and roles that legal ethics need to address in the decades to come.
Demosprudence On Trial: Ethics For Movement Lawyers, In Ferguson And Beyond,
2017
Saint Louis Univeristy School of Law
Demosprudence On Trial: Ethics For Movement Lawyers, In Ferguson And Beyond, Justin Hansford
Fordham Law Review
This Article suggests that although civil litigation remains a viable tool, the vanishing trial has limited impact on movement lawyers because we can use the law to promote social change outside of the courtroom. The demosprudence framework helps us to understand this process. By applying this framework to the movement lawyering context, movement lawyers can adapt to the void in voice created by the vanishing trial in civil litigation and still help the movement.
Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation,
2017
Washington University School of Law
Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation, Rebecca Holland-Blumoff
Fordham Law Review
Part I of this Article provides background on procedural justice and its relationship to negotiation. Part II then discusses the results of a recent empirical study that I conducted on the factors that help shape perceptions of procedural justice in the negotiation setting. Lastly, Part III explores the strategic and ethical implications of these results for the practicing lawyer in settlement negotiations.
Busting Up The Pretrial Industry,
2017
Case Western Reserve University School of Law
Busting Up The Pretrial Industry, Andrew S. Pollis
Fordham Law Review
While some argue that “[r]eturning to a trial model would be a significant step toward fulfilling the traditional expectations for the federal courts,” that step backward is unlikely to occur. But I agree that fixes are in order, and I offer two. First, we should consider requiring at least some parties to engage in early settlement evaluation—ideally before extensive discovery gets underway—by submitting cases to summary jury trials and imposing consequences on parties who choose to disregard the results. Second, we should allocate a greater percentage of judicial resources to discovery management through the routine appointment of special masters to …
The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials,
2017
Indiana Univeristy, Maurer School of Law
The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials, Victor D. Quintanilla, Alexander B. Avtgis
Fordham Law Review
Drawing on these findings, we discuss the pressing need for a wider ethic that applies to transactional attorneys who design binding arbitration clauses within adhesion contracts. We also draw lessons from behavioral legal ethics and social psychology. These lessons reveal that this wider ethic may be endangered by the situational influences that currently operate within law firms (and in-house) due to these two intersecting patterns. We discuss ways of altering the regulatory environment to encourage the wider ethic to flourish.
