On Selling Civil Recourse,
2014
Brooklyn Law School
A Theory Of Civil Liability,
2014
William & Mary Law School
A Theory Of Civil Liability, Nathan B. Oman
Faculty Publications
No abstract provided.
Magna Carta, Civil Law, And Canon Law,
2014
William & Mary Law School
Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney
Faculty Publications
No abstract provided.
Doomed Steamers And Merged Fires: The Problem Of Preempted Innocent Threats In Torts,
2014
Wayne State University
Doomed Steamers And Merged Fires: The Problem Of Preempted Innocent Threats In Torts, Anthony M. Dillof
Law Faculty Research Publications
No abstract provided.
A Study Of Juror Information On The Websites Of 61 Predominately Hispanic Texas Counties,
2014
The University of Texas Rio Grande Valley
A Study Of Juror Information On The Websites Of 61 Predominately Hispanic Texas Counties, Irma S. Jones, Dianna Blankenship, Marcus Juarez
Teaching and Learning Faculty Publications
The Constitution does not require a jury of twelve men and women t o be representative of America’s diverse ethnic, racial, and economic groups (Donaldson v. California, 1971). Although there is concern whether prospective juror pools emulate shifting racial and ethnic populations, (Fukari, 1996), it is unconstitutional to use “race conscious means” to create a racially balanced jury pool. (United States v. Ovalle, 1998). The U.S. Hispanic population grew from 9.1 million in 1970 to 35.3 million in 2000, an increase of nearly four times, and 53 million in 2012, an increase of nearly six times (Pew Research Center, 2014). …
The Right To Erasure: Privacy, Data Brokers, And The Indefinite Retention Of Data,
2014
Loyola University Chicago, School of Law
The Right To Erasure: Privacy, Data Brokers, And The Indefinite Retention Of Data, Alexander Tsesis
Faculty Publications & Other Works
No abstract provided.
Cy Pres And The Optimal Class Action,
2014
Notre Dame Law School
Cy Pres And The Optimal Class Action, Jay Tidmarsh
Journal Articles
This Article, prepared for a symposium on class actions, examines the problem of cy pres relief through the lens of ensuring that class actions have an optimal claim structure and class membership. It finds that the present cy pres doctrine does little to advance the creation of optimal class actions, and may do some harm to achieving that goal. The Article then proposes an alternative “nudge” to induce putative class counsel to structure class actions in an optimal way: set attorneys’ fees so that counsel is compensated through a combination of an hourly market rate and a percentage of the …
When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence,
2014
Hamline University
When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming
Departmental Honors Projects
Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions instead …
It's Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn,
2014
University of Richmond
It's Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous
Law Student Publications
This comment analyzes the various potential legal approaches to dealing with revenge porn and posits that a federal law criminalizing the dissemination of revenge porn is necessary to combat this growing trend. Part II provides background information on revenge porn and further analyzes how the successful relationship between technology and pornography led to the rise of revenge porn. Part III analyzes the different civil remedies currently available to revenge porn victims and argues these are not practicable solutions. Part IV discusses the current state laws criminalizing revenge porn and the legal challenges faced by those affected by revenge porn and …
Informed Consent In Mediation: Promoting Pro Se Parties' Informed Settlement Choice While Honoring The Mediator's Ethical Duties,
2014
University of the Pacific McGeorge School of Law
Informed Consent In Mediation: Promoting Pro Se Parties' Informed Settlement Choice While Honoring The Mediator's Ethical Duties, Michael T. Colatrella Jr.
Cardozo Journal of Conflict Resolution
In explaining the proper role of informed consent in mediation, this Article will proceed as follows: Part II will examine mediation's core ethical values of self-determination, impartiality and promoting a quality process. Part III will explore the meaning and origins of the informed consent doctrine; and, in Part IV, analyze the application of informed consent policies and principles to mediation in the light of mediation's core ethical values. Part V will explore ways that mediators can promote informed outcome consent within the existing ethical framework and recommend legislative reform that will help clarify the mediator's proper role of promoting fair …
Using Tips To Discount To Present Value,
2014
Old Dominion University
Using Tips To Discount To Present Value, Raymond Strangways, Bruce L. Rubin, Michael Zugelder
Finance Faculty Publications
The practice of forensic economics has a long history of trying to identify the correct interest rate to use when valuing economic losses in personal injury and wrongful death cases. We trace the legal history as it relates to the appropriate interest rates and adjustments for inflation. We then discuss the use of Treasury Inflation Protected Securities, TIPS, and an analysis of the combined effect of realized inflation and taxes on the effective return. We come to the unexpected conclusion that the use of TIPS does not lend itself to a simple adjustment to the rate for taxes nor eliminate …
Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability,
2014
University of Maryland School of Law
Apportioning Liability In Maryland Tort Cases: Time To End Contributory Negligence And Joint And Several Liability, Donald G. Gifford, Christopher J. Robinette
Maryland Law Review
No abstract provided.
The Judges Of The U.S. Judicial Panel On Multidistrict Litigation,
2014
Vanderbilt University Law School
The Judges Of The U.S. Judicial Panel On Multidistrict Litigation, Tracey E. George, Margaret S. Williams
Vanderbilt Law School Faculty Publications
The United States Judicial Panel on Multidistrict Litigation (or "MDL Panel") is one of a small number of special federal courts created pursuant to Article III by Congress and staffed by a Chief-Justice-appointed group of Article III judges for limited terms. The MDL Panel is a powerful judicial institution with substantial discretion over complex litigation in the United States. For all practical purposes, it controls where many of the most far-reaching and significant private civil actions will be resolved which can affect procedural and substantive rights of the parties. An understanding of who has served on the MDL Panel would …
Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel,
2014
Pomona College
Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson
Pomona Senior Theses
The United States is among one of the only democratic industrialized nations in the world that does not provide guaranteed access to civil representation in cases involving basic human need. This leaves indigent litigants who are at risk of losing their homes or their children left to seek counsel through insufficient pro-bono programs or limited scope legal self-help centers. This thesis provides a history of the struggle for the right to civil counsel, known as Civil Gideon, and explores a variety of proposed solutions to bridge the justice gap for indigent litigants. Despite considerable support for Civil Gideon among scholars …
This Is Your Sword: Does Plaintiff Prior Conviction Evidence Affect Civil Trial Outcomes,
2014
Seattle University School of Law
This Is Your Sword: Does Plaintiff Prior Conviction Evidence Affect Civil Trial Outcomes, Deirdre Bowen, Kathryn Stanchi
Faculty Articles
The conventional wisdom in law is that a prior conviction is one of the most powerful and damaging pieces of evidence that can be offered against a witness or party. In legal lore, prior convictions seriously undercut the credibility of the witness and can derail the outcome of a trial. This article suggests that may not always be true. This article details the results of an empirical study of juror decision-making that challenges the conventional wisdom about prior convictions. In our study, the prior conviction evidence did not have a direct impact on the outcome of the civil trial or …
Does Shari’A Play A Role In Turkey?,
2014
Seattle University School of Law
Does Shari’A Play A Role In Turkey?, Russell Powell
Faculty Articles
This essay explores the relationship of religious law with contemporaryTurkey. The essay discusses certain civil law supporting the adoption of Sharia in Turkey, the role of religious people in providing protection to religious freedom in Turkey, and the role of traditional Kemalist secularism laiklik in distinguishing Turkey.
Fisa Reform,
2014
Georgetown University Law Center
Fisa Reform, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
Congress and the Executive Branch are poised to take up the issue of FISA reform in 2014. What has been missing from the discussion is a comprehensive view of ways in which reform could be given effect—i.e., a taxonomy of potential options. This article seeks to fill the gap. The aim is to deepen the conversation about abeyant approaches to foreign intelligence gathering, to allow fuller discussion of what a comprehensive package could contain, and to place initiatives that are currently under consideration within a broader, over-arching framework. The article begins by considering the legal underpinnings and challenges to the …
The Trickle-Down War,
2014
Georgetown University Law Center
The Trickle-Down War, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
The history of the European nation-state, wrote political sociologist Charles Tilly, is inextricably bound up with the history of warfare. To oversimplify Tilly’s nuanced and complex arguments, the story goes something like this: As power-holders (originally bandits and local strongmen) sought to expand their power, they needed capital to pay for weapons, soldiers and supplies. The need for capital and new recruits drove the creation of taxation systems and census mechanisms, and the need for more effective systems of taxation and recruitment necessitated better roads, better communications and better record keeping. This in turn enabled the creation of larger and …
Inflation In Enrichment Claims: Reflections On The Brazilian Civil Code,
2013
Louisiana State University Law Center
Inflation In Enrichment Claims: Reflections On The Brazilian Civil Code, Aimite Jorge
Journal of Civil Law Studies
Inflation can be one of the risks assumed by the parties to a contract. Notwithstanding, contractual terms may provide for monetary corrections to offset that risk in cases of foreseeable inflation. The same may not hold true, however, for claims based on unjustified enrichment. They may find themselves in the position of innocents because the events that brought about the decline of purchasing power of the currency were unconnected to them. This paper analyses the approach recently favoured in the new Brazilian Civil Code on inflation in enrichment claims. Its focus is on article 884 (headed “enriquecimento sem justa causa”), …
Louisiana Civil Code - Code Civil De Louisiane Book Iii, Titles 15 And 16,
2013
Louisiana State University Law Center
Louisiana Civil Code - Code Civil De Louisiane Book Iii, Titles 15 And 16, Center Of Civil Law Studies
Journal of Civil Law Studies
No abstract provided.
