Open Access. Powered by Scholars. Published by Universities.®

Civil Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

4,769 Full-Text Articles 4,170 Authors 4,946,161 Downloads 192 Institutions

All Articles in Civil Law

Faceted Search

4,769 full-text articles. Page 177 of 181.

No.18 - March 2011, Center of Civil Law Studies 2011 Louisiana State University Law Center

No.18 - March 2011, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.


Iqbal, Al-Kidd And Pleading Past Qualified Immunity: What The Cases Mean And How They Demonstrate A Need To Eliminate The Immunity Doctrines From Constitutional Tort Law, John M. Greabe 2011 University of New Hampshire School of Law

Iqbal, Al-Kidd And Pleading Past Qualified Immunity: What The Cases Mean And How They Demonstrate A Need To Eliminate The Immunity Doctrines From Constitutional Tort Law, John M. Greabe

Law Faculty Scholarship

The Supreme Court’s decisions in Ashcroft v. Iqbal and Ashcroft v. al-Kidd contain issue-framing statements indicating that a constitutional tort plaintiff is required to plead facts sufficient to establish the inapplicability of the qualified immunity defense. Yet, framing the issue in this way ignores the Court’s earlier decisions in Gomez v. Toledo and Crawford-El v. Britton and is at odds with the established law of pleading; a plaintiff is not required to anticipate an affirmative defense and negate its applicability in the complaint. These cases thus raise a number of questions—Does the Court really mean what its issue-framing statements suggest? …


Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler 2011 University of Richmond

Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler

Richmond Journal of Law and the Public Interest

This Article begins by reviewing the history, purpose, and function of the Seventh Amendment within the American constitutional system. It then discusses the Supreme Court's analytical framework for preserving the fundamental features of the right to a civil jury trial while simultaneously permitting rational legal development of the jury system. Next, the Article provides a brief overview of the Court's Daubert jurisprudence, and argues that the creation of judicial gatekeeping has caused an institutional shift of adjudicatory authority away from juries and into the hands of judges in violation of the Seventh Amendment. The Article concludes by suggesting three legal …


Rid Of Habeas Corpus - How Ineffective Assistance Of Counsel Has Endangered Access To The Writ Of Habeas Corpus And What The Supreme Court Can Do In Maples And Martinez To Restore It, 45 Creighton L. Rev. 185 (2011), Hugh Mundy 2011 John Marshall Law School

Rid Of Habeas Corpus - How Ineffective Assistance Of Counsel Has Endangered Access To The Writ Of Habeas Corpus And What The Supreme Court Can Do In Maples And Martinez To Restore It, 45 Creighton L. Rev. 185 (2011), Hugh Mundy

UIC Law Open Access Faculty Scholarship

No abstract provided.


We Don't Want Dollars, Just Change: Narrative Counter-Terrorism Strategy, An Inclusive Model For Social Healing, And The Truth About Torture Commission, 6 Nw. J. L. & Soc. Pol'y 1 (2011), Kim D. Chanbonpin 2011 John Marshall Law School

We Don't Want Dollars, Just Change: Narrative Counter-Terrorism Strategy, An Inclusive Model For Social Healing, And The Truth About Torture Commission, 6 Nw. J. L. & Soc. Pol'y 1 (2011), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

In 2007, Professor Eric K Yamamoto acknowledged that reparations theory and practice had reached a crossroads and called for a new strategic framework that reparations advocates could utilize in working to achieve redress for social and historical wrongs. This Article attempts to answer Yamamoto's call. In it, I situate my proposal for a truth commission to redress the post-9/11 torture program in a new Inclusive Model for Social Healing. In the past, reparations advocates have relied on litigation-a strategic model that excludes participants other than the named parties-to

obtain redress. By increasing the number of stakeholders in a reparations scheme, …


Survey Of Illinois Law: At Long Last, A Long Look At Respondents In Discovery, 35 S. Ill. U. L.J. 703 (2011), Marc Ginsberg 2011 The John Marshall Law School

Survey Of Illinois Law: At Long Last, A Long Look At Respondents In Discovery, 35 S. Ill. U. L.J. 703 (2011), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Freedom Of Information Act Trial, 61 Am. U. L. Rev. 217 (2011), Margaret B. Kwoka 2011 UIC School of Law

The Freedom Of Information Act Trial, 61 Am. U. L. Rev. 217 (2011), Margaret B. Kwoka

UIC Law Open Access Faculty Scholarship

This Article examines the paucity of Freedom of Information Act (FOIA) cases that go to trial and courts' preference for resolving these disputes at the summary judgment stage. Using traditional legal analysis and empirical evidence, this Article explores whether we should expect FOIA cases to go to trial and how the scarcity of FOIA trials compares to the trial rate in civil litigation generally. It concludes that the unusual use of summary judgment in FOIA cases has unjustifiably all but eliminated FOIA trials, which occur in less than 1 % of FOIA cases. It further examines how conducting FOIA trials …


The Costs Of Heightened Pleading, Alexander A. Reinert 2011 Benjamin N. Cardozo School of Law

The Costs Of Heightened Pleading, Alexander A. Reinert

Indiana Law Journal

In Conley v. Gibson, the Supreme Court announced its commitment to a liberal pleading regime in federal civil cases, and for decades thereafter was steadfast in resisting ad hoc heightened pleading rules adopted by lower courts. Thus, from 1957 until a few years ago, most litigants could count on surviving a motion to dismiss a complaint for failure to state a claim so long as their pleading provided some minimal notice to the defendant of the nature of their claim. Enter Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly. Iqbal and Twombly, by many accounts, two-stepped the Court from …


A Whole New World Of False-Claims-Act Liability: The 2009 Amendments And Learning Where To Draw The Line, David Baker 2011 The Catholic University of America, Columbus School of Law

A Whole New World Of False-Claims-Act Liability: The 2009 Amendments And Learning Where To Draw The Line, David Baker

Catholic University Law Review

No abstract provided.


Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler 2011 University of Richmond

Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler

Richmond Public Interest Law Review

This Article begins by reviewing the history, purpose, and function of the Seventh Amendment within the American constitutional system. It then discusses the Supreme Court's analytical framework for preserving the fundamental features of the right to a civil jury trial while simultaneously permitting rational legal development of the jury system. Next, the Article provides a brief overview of the Court's Daubert jurisprudence, and argues that the creation of judicial gatekeeping has caused an institutional shift of adjudicatory authority away from juries and into the hands of judges in violation of the Seventh Amendment. The Article concludes by suggesting three legal …


Introduction: Governing Civil Society, Dana Brakman Reiser, Claire R. Kelly 2011 Brooklyn Law School

Introduction: Governing Civil Society, Dana Brakman Reiser, Claire R. Kelly

Faculty Scholarship

No abstract provided.


Toward More Parsimony And Transparency In "The Essentials Of Marriage", Anita Bernstein 2011 Brooklyn Law School

Toward More Parsimony And Transparency In "The Essentials Of Marriage", Anita Bernstein

Faculty Scholarship

No abstract provided.


An Expectation Of Empathy, Steve Leben 2011 University of Missouri - Kansas City, School of Law

An Expectation Of Empathy, Steve Leben

Faculty Works

No abstract provided.


Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach 2011 Pace University School of Law

Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach

NYLS Law Review

No abstract provided.


Duty Of Obedience: The Forgotten Duty, Alan R. Palmiter 2011 Wake Forest University School of Law

Duty Of Obedience: The Forgotten Duty, Alan R. Palmiter

NYLS Law Review

No abstract provided.


The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson 2011 Georgetown University Law Center

The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson

NYLS Law Review

No abstract provided.


Anand V. Kapoor, David Pepper 2011 New York Law School Class of 2011

Anand V. Kapoor, David Pepper

NYLS Law Review

No abstract provided.


Attorney’S Fees In Civil Rights Cases—October 2009 Term, Martin A. Schwartz 2011 Touro Law Center

Attorney’S Fees In Civil Rights Cases—October 2009 Term, Martin A. Schwartz

Scholarly Works

No abstract provided.


Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel V. United States, Linda C. McClain 2011 Boston University School of Law

Involuntary Servitude, Public Accommodations Laws, And The Legacy Of Heart Of Atlanta Motel V. United States, Linda C. Mcclain

Faculty Scholarship

In Heart of Atlanta Motel v. United States (1964), the U.S. Supreme Court unanimously affirmed Congress’s power under the Commerce Clause to pass Title II, the public accommodations component of the Civil Rights Act of 1964 (CRA). The Johnson Administration expressed hope that this unanimous decision would aid the “reasonable and responsible acceptance” of the CRA. A less familiar legacy of this case is the role played by the Thirteenth Amendment and its declaration that “neither slavery and involuntary servitude . . . shall exist within the United States.” The owner of the Heart of Atlanta Motel unsuccessfully invoked this …


The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia Jr. 2011 Notre Dame Law School

The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia Jr.

Journal Articles

Courts and scholars have struggled to identify the original meaning of the Alien Tort Statute (ATS). As enacted in 1789, the ATS provided "[t]hat the district courts...shall...have cognizance...of all causes where an alien sues for tort only in violation of the law of nations or a treaty of the United States." The statute was rarely invoked for almost two centuries. In the 1980s, lower federal courts began reading the statute expansively to allow foreign citizens to sue other foreign citizens for all violations of modern customary international law that occurred outside the United States. In 2004, the Supreme Court took …


Digital Commons powered by bepress