Qualified Immunity When Facts Are In Dispute,
2016
Touro University Jacob D. Fuchsberg Law Center
Qualified Immunity When Facts Are In Dispute, Leon Friedman
Touro Law Review
No abstract provided.
Section 1983 Custom Claims And The Code Of Silence,
2016
Touro University Jacob D. Fuchsberg Law Center
Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles
Touro Law Review
No abstract provided.
Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?,
2016
Touro University Jacob D. Fuchsberg Law Center
Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass
Touro Law Review
No abstract provided.
Redefining The Rico Statute: Potential Avenues For Improvement,
2016
Liberty University
Redefining The Rico Statute: Potential Avenues For Improvement, David Scouten
Senior Honors Theses
The civil application of the Racketeering Influenced and Corrupt Organizations Act (RICO) has been misapplied by the lower courts, but the statute can be improved by incorporating elements that will make the statute a better tool for justice. It is evident from examining the procedural limitations of the statute and important case law that the securities fraud gap, terrorism financing, and difficulties for indirect victims are three critical subjects that need to be addressed by enhancing RICO. Flaws and shortcomings of the RICO statute have led to inconsistencies in court rulings. The expansive language of RICO can be limited to …
A ‘Plausible’ Outcome?: Twombly, Iqbal, And The Unforeseen Impact On Affirmative Defenses,
2016
University of Maryland Francis King Carey School of Law
A ‘Plausible’ Outcome?: Twombly, Iqbal, And The Unforeseen Impact On Affirmative Defenses, Jennifer M. Auger
Maryland Law Review
No abstract provided.
Class Warfare: Why Antitrust Class Actions Are Essential For Compensation And Deterrence,
2016
University of Baltimore School of Law
Class Warfare: Why Antitrust Class Actions Are Essential For Compensation And Deterrence, Robert H. Lande
All Faculty Scholarship
Recent empirical studies demonstrate five reasons why antitrust class action cases are essential: (1) class actions are virtually the only way for most victims of antitrust violations to receive compensation; (2) most successful class actions involve collusion that was anticompetitive; (3) class victims’ compensation has been modest, generally less than their damages; (4) class actions deter significant amounts of collusion and other anticompetitive behavior; and (5) anticompetitive collusion is underdeterred, a problem that would be exacerbated without class actions. Unfortunately, a number of court decisions have undermined class action cases, thus preventing much effective and important antitrust enforcement.
The Catholic Church On Separation And Civil Divorce,
2016
St. John's University School of Law
The Catholic Church On Separation And Civil Divorce, Eric F. Mackenzie, S.T.D., J.C.D.
The Catholic Lawyer
No abstract provided.
Newsroom: Can Court 'Restore Fundamental Liberties'? 03-23-2016,
2016
Roger Williams University School of Law
Newsroom: Can Court 'Restore Fundamental Liberties'? 03-23-2016, Sheldon Whitehouse, David A. Logan
Life of the Law School (1993- )
No abstract provided.
New Roles For Non-Lawyers To
Increase Access To Justice,
2016
Self-Represented Litigation Network
New Roles For Non-Lawyers To Increase Access To Justice, Richard Zorza, David Udell
Fordham Urban Law Journal
No abstract provided.
Access To Justice:
A Roadmap For Reform,
2016
Stanford University
Access To Justice: A Roadmap For Reform, Deborah L. Rhode
Fordham Urban Law Journal
No abstract provided.
Pro Bono Legal Services:
The Silent Majority—A Twenty-Five
Year Retrospective,
2016
Southern District of New York
Pro Bono Legal Services: The Silent Majority—A Twenty-Five Year Retrospective, Victor Marrero
Fordham Urban Law Journal
No abstract provided.
The Case For Court-Based Document Assembly Programs: A Review Of The New York State Court System's "Diy" Forms,
2016
New York State Access to Justice Program
The Case For Court-Based Document Assembly Programs: A Review Of The New York State Court System's "Diy" Forms, Rochelle Klempner
Fordham Urban Law Journal
No abstract provided.
Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act,
2016
Touro Law School
Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige
Touro Law Review
No abstract provided.
Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York,
2016
Touro University Jacob D. Fuchsberg Law Center
Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili
Touro Law Review
No abstract provided.
How To Screen For Success In Employment Law Cases,
2016
Touro University Jacob D. Fuchsberg Law Center
How To Screen For Success In Employment Law Cases, Robert M. Rosen
Touro Law Review
No abstract provided.
Strategic Evidence Issues In Equal Employment Litigation,
2016
Touro University Jacob D. Fuchsberg Law Center
Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum
Touro Law Review
No abstract provided.
Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest,
2016
Touro Law School
Nela Touro Conference 1999 Selected Second Circuit Cases Of Interest, Lawrence Solotoff
Touro Law Review
No abstract provided.
Recent Supreme Court Employment Law Developments,
2016
Touro Law School
Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer
Touro Law Review
No abstract provided.
Expanding Local Enforcement Of State And Federal Consumer Protection Laws,
2016
Golden Gate University School of Law
Expanding Local Enforcement Of State And Federal Consumer Protection Laws, Kathleen S. Morris
Fordham Urban Law Journal
This Article calls on Congress and the state legislatures to grant large cities and counties standing to enforce the Federal Trade Commission Act (the FTC Act) and its state statutory counterparts (or little Acts). The FTC Act, a federal law, prohibits businesses from engaging in any “unlawful,” “unfair,” or “deceptive” acts or practices, and the little Acts apply similarly broad prohibitions in all fifty states. This fifty-one-statute consumer protection regime—which has been the law of the land for several decades—carries enormous promise to halt a wide range of unlawful and harmful corporate practices in their earliest stages. Unfortunately, that promise …
Collateral Damages: How The Smartphone Patent Wars Are Changing The Landscape Of Patent Infringement Damages Calculations,
2016
Fordham University School of Law
Collateral Damages: How The Smartphone Patent Wars Are Changing The Landscape Of Patent Infringement Damages Calculations, Martin West
Fordham Urban Law Journal
This Note addresses the diverging approaches to patent infringement damage calculations. Judge Alsup of the Ninth Circuit recently took a rare approach and selected Dr. James Kearl to testify as an independent damages expert in Oracle v. Google under Rule 706 of the Federal Rules of Civil Procedure. In contrast, Judge Posner of the Seventh Circuit recently dismissed the Apple v. Motorola lawsuit finding each party failed to present adequate evidence of their respective damages claims. Judge Koh of the Ninth Circuit took yet another approach using a more relaxed level of admissibility for expert testimony relating to infringement damage …
