Tort Arbitrage,
2012
University of Florida Levin College of Law
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,
2012
Louisiana State University Law Center
No.23 - November 2012, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
The Litigation Finance Contract,
2012
Boston University School of Law
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 …
Civil Practice And Procedure,
2012
Hirschler Fleischer, P.C., Richmond, Virginia.
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.
Speech,
2012
Pepperdine University
Fugitives In Immigration: A Call For Legislative Guidelines On Disentitlement,
2012
Seattle University School of Law
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,
2012
Seattle University School of Law
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, …
Louisiana Civil Code – Code Civil De Louisiane: Preliminary Title; Book Iii, Titles 3, 4 And 5,
2012
Louisiana State University Law Center
Louisiana Civil Code – Code Civil De Louisiane: Preliminary Title; Book Iii, Titles 3, 4 And 5
Journal of Civil Law Studies
No abstract provided.
Udomeh V. Joseph,
2012
Louisiana State University Law Center
Department Of Social Services Ex Rel. K.B.D. V. Drew,
2012
Louisiana State University Law Center
Department Of Social Services Ex Rel. K.B.D. V. Drew, Chelsea Gomez
Journal of Civil Law Studies
No abstract provided.
Louisiana Civil Law Dictionary And West’S Louisiana Digest,
2012
Louisiana State University Law Center
Louisiana Civil Law Dictionary And West’S Louisiana Digest, Phillip Gragg
Journal of Civil Law Studies
No abstract provided.
Neeb V. Lastrapes,
2012
Louisiana State University Law Center
Clashes And Continuities: Brief Reflections On The “New Louisiana Legal History”,
2012
Louisiana State University Law Center
Clashes And Continuities: Brief Reflections On The “New Louisiana Legal History”, Seán Patrick Donlan
Journal of Civil Law Studies
No abstract provided.
Cover, Masthead & Contents,
2012
Louisiana State University Law Center
Avant-Propos,
2012
Louisiana State University Law Center
Judicial Review In Louisiana: A Bicentennial Exegesis,
2012
Louisiana State University Law Center
Judicial Review In Louisiana: A Bicentennial Exegesis, Paul R. Baier, Georgia D. Chadwick
Journal of Civil Law Studies
No abstract provided.
De Revolutionibus: The Place Of The Civil Code In Louisiana And In The Legal Universe,
2012
Louisiana State University Law Center
De Revolutionibus: The Place Of The Civil Code In Louisiana And In The Legal Universe, Olivier Moréteau
Journal of Civil Law Studies
No abstract provided.
Making French Doctrine Accessible To The English-Speaking World: The Louisiana Translation Series,
2012
Louisiana State University Law Center
Making French Doctrine Accessible To The English-Speaking World: The Louisiana Translation Series, Alexandru-Daniel On
Journal of Civil Law Studies
No abstract provided.
The Louisiana Civil Code Translation Project: An Introduction ,
2012
Louisiana State University Law Center
The Louisiana Civil Code Translation Project: An Introduction , Olivier Moréteau
Journal of Civil Law Studies
No abstract provided.
The Case For An Action In Tort To Restrict The Excessive Pumping Of Groundwater In Louisiana,
2012
Louisiana State University Law Center
The Case For An Action In Tort To Restrict The Excessive Pumping Of Groundwater In Louisiana, John B. Tarlton
Journal of Civil Law Studies
No abstract provided.
