Civil Law Commons^™

Where Corporations Are: Why Casual Visits To New York Are Bad For Business, Jeanne L. Schroeder, David G. Carlson

Articles

In this article, we examine the recent case of Hotel 71 Mezz Lender LLC v. Falor (2010), from the New York Court of Appeals. In this case, New York’s highest court held that LLCs are “present” in New York for jurisdictional purposes when the president of the LLC has submitted to New York jurisdiction in an unrelated law suit against him personally, and where the president came to New York for a deposition in that action. This, we claim, was unconstitutional. In addition, the New York Court of Appeals pronounced itself obliged by the United States Constitution to change the …

Liberal Responsibilities, Robin West

Georgetown Law Faculty Publications and Other Works

This essay is a review of When the State Speaks, What Should it Say?: How Democracies can Protect Expression and Promote Equality by Corey Brettschneider (2012) and Ordered Liberty: Rights, Responsibilities, and Virtues by James E. Fleming & Linda C. McClain (2013).

In a parallel fashion, Fleming and McClain articulate and then defend a general conception of “constitutional liberalism” and its core individual rights against various critics, including communitarians such as Mary Ann Glendon and Michael Sandel, and “minimalists” such as Cass Sunstein and Jeremy Waldron, who argue that for various reasons those individual rights have undermined either civic society …

A Matter Of National Importance: The Persistent Inefficiency Of Deceptive Advertising Class Actions, Stacey M. Lantagne

Journal of Business & Technology Law

No abstract provided.

The Mobility Case For Regionalism, Nestor M. Davidson, Sheila R. Foster

Faculty Scholarship

In the discourse of local government law, the idea that a mobile populace can “vote with its feet” has long served as a justification for devolution and decentralization. Tracing to Charles Tiebout’s seminal work in public finance, the legal-structural prescription that follows is that a diversity of independent and empowered local governments can best satisfy the varied preferences of residents metaphorically shopping for bundles of public services, regulatory environment, and tax burden. This localist paradigm generally presumes that fragmented governments are competing for residents within a given metropolitan area. Contemporary patterns of mobility, however, call into question this foundational assumption. …

Search Engine Liability For Autocomplete Defamation: Combating The Power Of Suggestion, Michael L. Smith

Faculty Articles

In September 2012, Bettina Wulff, a former first lady of Germany, sued Google for defamation. Mrs. Wulff's complaint arose from Google's autocomplete function: when Mrs. Wulff's name was entered into the search engine, the search engine automatically suggested terms such as "prostitute" and "red light district." Rumors that Mrs. Wulff was a former prostitute dated back to 2006 when she first met Christian Wulff, her eventual husband and president of Germany from 2010 until his resignation in February 2012. Mrs. Wulff denied the truth of these rumors.

Mrs. Wulff contended that these autocomplete results were defamatory and that they caused …

Sanctions: Where Law And Justice Collide: Kraze Entertainment (S) Pte Ltd V Marina Bay Sands Pte Ltd [2013] Sghc 39, Denise Huiwen Wong

Research Collection Yong Pung How School Of Law

This is a cautionary tale for litigation practitioners and their claimant clients. The decision emanates from the High Court of Singapore, but is equally applicable to any jurisdiction in which security for costs can be sought against the claimant in an action. In Singapore, the Rules of Court set out the procedural rules governing all civil proceedings in the High Court and Subordinate Courts. Unlike the Civil Procedure Rules (CPR), the Singapore Rules of Court do not expressly articulate an overriding objective of timely and proportionate justice. However, the courts have consistently prioritised robust case management and “an uncompromising but …

Prison Is Prison, Brooke Coleman

Faculty Articles

Two indigent men stand before two separate judges. Both will be sent to prison if they lose their cases. One receives appointed counsel, but the other does not. This discrepancy seems terribly unjust, yet the Supreme Court has no problem with it. It recently affirmed in Turner v. Rogers, that where an indigent individual is subject to criminal charges that can result in incarceration, he has a right to appointed counsel, but where an indigent individual is subject to civil proceedings where incarceration is a consequence, he does not. In other words, criminal and civil proceedings have different rules, and …

Abrogating The Witness Immunity Rule: How Fast? How Far?, Robert Currie

Articles, Book Chapters, & Popular Press

This article examines the current state of the witness immunity rule in Canada (i.e. the rule that individuals, especially experts, are immune from tort actions which might arise from their participation in court proceedings). In light of the UK Supreme Court's modification of the rule in Jones v. Kaney (2011), some proposals are made for restricting the scope of the rule and thus allowing meritorious litigation to proceed in spite of it.

Jacques De Werra (Ed.), Research Handbook On Intellectual Property Licensing, Lucie Guibault

Articles, Book Chapters, & Popular Press

In the laws of most jurisdictions in the world, IP licenses are an unnamed form of contract, most often of a hybride nature, for which no specific legal framework exists, save for rare exceptions. As a result, the formation, content and interpretation of IP licences call for the application of relevant norms from numerous other fields of the law, such as contract law, property law, commercial law, consumer law etc. Despite efforts of harmonisation at the international and regional levels, these related areas of the law remain to a large extent nationally determined, influenced by the legal tradition of each …

Drafting Arbitration Agreements: A Practioner's Guide For Consumer Credit Contracts, Nicole F. Munro, Peter L. Cockrell

Journal of Business & Technology Law

No abstract provided.

No.24 - December 2012, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren D. Sudeall

Vanderbilt Law School Faculty Publications

Advocates seeking indigent defense reform have often relied on civil litigation to prospectively enforce the Sixth Amendment right to counsel and to attack structural deficiencies of indigent defense systems-such as under- funding-that are likely to lead to system-wide ineffective assistance. Although the United States Supreme Court has addressed myriad aspects of postconviction ineffective assistance of counsel claims made in the criminal context, particularly in the last decade or so,' many of these cases have had little direct bearing on the way in which advocates have attempted to enforce the Sixth Amendment in the civil context. The Supreme Court has never …

Legal Framework For Soviet Privatization, Olga Floroff, Susan Tiefenbrun

Pepperdine Law Review

No abstract provided.

Tort Arbitrage, Robert J. Rhee

Florida Law Review

The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the empirical world. This Article models the interaction of settlement dynamics and the economic theory of negligence. It shows that tort claims are systematically devalued during settlement relative to the legal standard. Central to this thesis is a proper conception and accounting of cost. Cost is typically viewed as the transaction cost of litigation processing. Cost, however, encompasses more than this. Each dispute has a cost of resolution, defined as the discounting effect of risk on legal valuation. A spread between the …

No.23 - November 2012, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Civil Practice And Procedure, Andrew P. Sherrod

University of Richmond Law Review

This article surveys recent and significant developments in Virginia civil practice and procedure. Specifically, the article discusses selected opinions of the Supreme Court of Virginia from September 2011 through June 2012, addressing new or meaningful civil procedure topics; significant amendments to the Rules of the Supreme Court ofVirginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during the 2012 session that relates to civil practice.

The Litigation Finance Contract, Maya Steinitz

Faculty Scholarship

Litigation funding-for-profit, nonrecourse funding of a litigation by a nonparty-is a new and rapidly developing industry. It has been described as one of the "biggest and most influential trends in civil justice" today by RAND, the New York Times, and others. Despite the importance and growth of the industry, there is a complete absence of information about or discussion of litigation finance contracting, even though all the promises and pitfalls of litigation funding stem from the relationships those contracts establish and organize. Further, the literature and case law pertaining to litigation funding have evolved from an analogy between litigation funding …

Speech, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.

Fugitives In Immigration: A Call For Legislative Guidelines On Disentitlement, Kiran H. Griffith

Seattle University Law Review

In light of Supreme Court jurisprudence regarding the fugitive disentitlement doctrine, the circuit courts of appeal have readily expanded the doctrine’s use to civil matters, as well as immigration. But the Supreme Court’s nuanced treatment of the rationales underlying this doctrine, specifically in Ortega-Rodriguez v. United States and Degen v. United States, has led to inconsistent application across the circuits. Specifically, a split has arisen among the Second, Fifth, Seventh, and Ninth Circuits as to whether these rationales support invocation of the fugitive disentitlement doctrine to find fugitivity and dismiss an alien’s petition for review when an alien fails to …

The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks

Seattle University Law Review

While the states are fairly consistent in protecting the rights of living individuals, the level of protection for deceased celebrities varies among the states. Some states allow the right to extend beyond death, while others refuse to recognize a postmortem right of publicity. Even among states that do recognize a postmortem right of publicity, the right is protected to varying degrees, with some states providing explicit statutory protections and others providing only common law protections. Given the inconsistencies among the states, the continuing right to publicity after death has been the subject of much litigation over the last few years, …