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Tort Arbitrage, Robert J. Rhee 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, Center of Civil Law Studies 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, Maya Steinitz 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, Andrew P. Sherrod 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, Kenneth W. Starr 2012 Pepperdine University

Speech, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.


Fugitives In Immigration: A Call For Legislative Guidelines On Disentitlement, Kiran H. Griffith 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, Aubrie Hicks 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, Taylor Gay 2012 Louisiana State University Law Center

Udomeh V. Joseph, Taylor Gay

Journal of Civil Law Studies

No abstract provided.


Department Of Social Services Ex Rel. K.B.D. V. Drew, Chelsea Gomez 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, Phillip Gragg 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, William Gaskins 2012 Louisiana State University Law Center

Neeb V. Lastrapes, William Gaskins

Journal of Civil Law Studies

No abstract provided.


Clashes And Continuities: Brief Reflections On The “New Louisiana Legal History”, Seán Patrick Donlan 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

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


Avant-Propos, Olivier Moréteau 2012 Louisiana State University Law Center

Avant-Propos, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.


Judicial Review In Louisiana: A Bicentennial Exegesis, Paul R. Baier, Georgia D. Chadwick 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, Olivier Moréteau 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, Alexandru-Daniel On 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 , Olivier Moréteau 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, John B. Tarlton 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.


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