Civil Procedure Commons^™

A Further Look At A Hague Convention On Concurrent Proceedings, Paul Herrup, Ronald A. Brand

Articles

The current project of the Hague Conference on Private International Law has reached a critical juncture that requires careful consideration of the terms that delineate the scope of the proposed convention. Work to date has not followed the mandate of the Council on General Affairs and Policy to produce a convention that would deal with concurrent proceedings, understood as including pure parallel proceedings and related actions. In two previous articles we have addressed the practical needs that should be addressed by the concurrent proceedings project and the general architecture of such a convention. The process is now mired in terminological …

Liability Of Third Parties In Compulsory Implementation: A Comparative Study, Dr. Yasser Bassem Al-Sabawi

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The creditor's right to initiate compulsory enforcement procedures, in legal terms, entails an integrated executive association in terms of its elements, namely, the person, the subject and the reason, which constitutes the theory of implementation in general. Since implementation theory consists of three basic elements, implementation people, the reason for implementation, and the place of implementation. The subject of the research will be limited to the implementation persons, not all the people involved in the process of forced implementation. But only to third parties.

Since direct enforcement procedures require the intervention of several persons in the executive association, in order …

Evaluation Of The Uae Legislator's Use Of Telecommunications Technology In Civil Procedures, Mostafa El-Metwally Quandil Prof.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This paper examines the stance of the UAE legislator regarding the use of tele-communication technologies in civil procedures. The legislator authorized the use of electronic mail and fax in judicial notifications in the Federal Law No. (28) Of 2005 on Personal Status.

However, the UAE legislator expanded the use of telecommuting technologies in civil procedures by the Federal Law No. (10) 2017 amending certain provisions of the Code of Civil Procedure. As well as the issuance of the Council of Ministers' Resolution No. (57) of 2018 on the regulation of Civil Procedure Code, which included more details and applications of …

Arbitration—From Sacred Cow To Golden Calf: Three Phases In The History Of The Federal Arbitration Act, Katherine V.W. Stone

Pepperdine Dispute Resolution Law Journal

For the past twenty-five years, without much fanfare, arbitration law has remade the civil justice system in the United States. As now interpreted, the Federal Arbitration Act (the ‘FAA’) requires millions of consumers, workers, homeowners, credit card holders, rental car uses, hospital patients, and other ordinary people to forgo use of the courts to vindicate important rights. One development that has garnered particular attention is the tendency of corporations to include class action waivers in arbitration agreements, thereby preventing consumers and employees from aggregating small claims and litigating on a collective basis. While arbitration has become ubiquitous, it has also …

On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams

Villanova Environmental Law Journal

No abstract provided.

Experiments In Legal Hybridity: From Indian Tort Law To Tribal Tort Law, Noah T. Allaire

Tribal Law Journal

Tort law is a broad set of rules designed to compensate people who have suffered injuries and harm by imposing penalties on those who caused the resulting injuries and harm. Indian tort law is the limited set of rules that the United States imposed upon tribal nations over a century ago. Today, tribal courts have the important opportunity and responsibility to articulate tribal tort law. Tribal legislatures, in turn, can codify tribal tort rules to guide future judicial decisionmaking. Through this process, tribal tort law will gradually supplant Indian tort law. Articulating tribal tort law necessarily involves conducting experiments in …

Internet Jurisdiction And The 21st Century: Zippo, Calder, And The Metaverse, Gretchen Yelmini

Connecticut Law Review

Internet use in the United States continues to increase at a rate that outpaces the legal system. From reliance on outdated precedent, differing long-arm statutes, and emergent technologies, there are unanswered questions of whether existing precedent is sufficient to handle our increasingly borderless society.

Many courts still rely on the Zippo test despite the exponential advancements in how we use the internet in the twenty-five years since the Western District of Pennsylvania developed a framework for this issue. The Supreme Court has continued to avoid directly addressing the issue. In 2014, the Court left decisions on virtual presence to “another …

Game, Set, …Tie? The Eleventh Circuit Gives Courts Discretion To Refrain From Choosing A Prevailing Party, Tessa Sizemore

Mercer Law Review

During the National Football League’s (NFL) 2022 opening week, the Houston Texans game versus the Indianapolis Colts ended in a tie after an impressive fourth-quarter comeback by the Colts. This is only the nineteenth opening week tie in NFL history. Much like that Texans-Colts game, the United States Court of Appeals for the Eleventh Circuit hosted a legal dispute which ended in a tie this year. While the American legal system is no game, it is certainly a surprise when our adversarial system produces a legal result with no winner.

Trial Practice And Procedure, John O'Shea Sullivan, Leesa M. Guarnotta, Grace B. Callanan

Mercer Law Review

The 2022 Survey period yielded decisions involving issues of first impression relating to federal trial practice and procedure in the United States Court of Appeals for the Eleventh Circuit. This Article analyzes recent trial practice developments in the Eleventh Circuit, including significant rulings in the areas of consumer debt collections, arbitration, copyrights, Federal Rule of Civil Procedure 54, and a rule change regarding party disclosures.

For Whom The Church Bells Toll: The Supreme Court Of Georgia Resolves The Issue Of Whether Fraud Can Toll The Statute Of Limitations For Sexual Abuse Claims, Sydney Thompson

Mercer Law Review

In January of 2002, the Boston Globe published an article detailing widespread allegations of child sexual abuse by serial pedophiles and a sophisticated coverup that implicated high ranking clergy members. In the aftermath of the article, thousands of men and women from across the United States came forward with their own allegations, which revealed patterns of abuse and deception in dioceses around the country. The wave of litigation that followed raised compelling questions about statutes of limitations, discovery rules, and the long term effects of childhood sexual abuse.

Twenty years after the Globe’s article, the Supreme Court of Georgia decided …

Attorney-Client Privilege: Minnesota Recognizes The Common-Interest Doctrine, George H. Singer

University of St. Thomas Law Journal

No abstract provided.

Black Lives Matter And The Push For Colonial-Era Cultural Heritage Restitution, Kathryn Speckart

Catholic University Law Review

The influence of the Black Lives Matter movement extends into U.S. museums in the form of calls for “decolonization” of collections comprised of art and artifacts from Africa and other colonized areas. As a result, the accompanying legal and ethical questions surrounding these artifacts now figure prominently in the museum industry. This Comment analyzes why the current U.S. cultural heritage law framework does not accommodate colonial-era African artifacts. This is due to few of these artifacts being subject to legal claims under current laws, African artifacts not having protection as a special classification, and the lack of enforcement mechanisms in …

Plaintiff's Problem: Constitutional Concerns With Service Of Process Under Alaska Rule Of Civil Procedure 4(D)(7)-(8), Casey Sawyer

William & Mary Bill of Rights Journal

Rule 4 of Alaska’s Rules of Civil Procedure prescribes how service of process must be completed for a civil lawsuit, much like Rule 4 of the Federal Rules of Civil Procedure. When filing suit against the State of Alaska or one of its agencies or officers, Alaska Civil Rule 4(d)(7)–(8) require that service of process be delivered to multiple locations. The plaintiff will usually have to serve the Attorney General’s office in the district of filing (either Anchorage or Fairbanks) and also must deliver service of process to the Attorney General’s office in Alaska’s capital city of Juneau. If they …

Procedure At The Intersection Of Law And Equity: Veil Piercing And The Seventh Amendment, Samuel Haward

Notre Dame Law Review

This Note addresses the multicircuit split that veil piercing’s “vexing” nature has created. The First, Second and Fifth Circuits, on varying theories, have found that there exists a federal right to a jury trial on veil-piercing issues. Conversely, the Sixth and Seventh Circuits have disagreed, holding that veil piercing is an action sounding primarily in equity outside the scope of the Seventh Amendment. Part I will briefly discuss the Supreme Court’s Seventh Amendment jurisprudence and explain how veil piercing falls into the Court’s awkward demarcation of law and equity. Part II will explore the legal and equitable history of veil-piercing …

Reducing Recidivism Through Rehabilitation: An Observational Study On Rehabilitative Programming During And After Incarceration To Determine Best Practices For Successful Reintegration Into Society, William R. Balestrino

Merge

No abstract provided.

Your Biometric Data Is Concrete, Your Injury Is Imminent And Particularized: Articulating A Bipa Claim To Survive Article Iii Standing After Transunion V. Ramirez, Kelsey L. Kenny

Maine Law Review

Biometric data is a digital translation of self which endures in its accuracy for one’s entire lifespan. As integral elements of modern life continue to transition their operations exclusively online, the verifiable “digital self” has become indispensable. The immutable and sensitive nature of biometric data makes it peculiarly vulnerable to misappropriation and abuse. Yet the most frightening is the unknown. For an individual who has had their digital extension-of-self covertly stolen or leaked, the dangers that lie in the technology of the future are innumerable. The Illinois legislature recognized the danger associated with the cavalier collection and handling of biometric …

Playing Monopoly With The Neighborhood: Impact Of Series Limited Liability Companies On Nuisance Abatement Actions And Housing Code Enforcement, Lauren Williams

Cleveland State Law Review

The City of Cleveland has been one of the most active cities in combating the negative effects of the 2008 financial crisis, utilizing nuisance abatement actions in combination with municipal programs aimed at assisting homeowners and renters. However, the Ohio Revised Limited Liability Company Act ("ORLLCA"), passed in 2021, may reverse the progress made in cities like Cleveland by enabling real estate investors to conceal assets in several series under the same limited liability company, resulting in rising vacancy rates and unstable communities. This will negatively impact the effectiveness of nuisance abatement actions and traditional housing code enforcement in curbing …

Is The Contempt Power Obsolete?, Nino C. Monea

Dickinson Law Review (2017-Present)

Contempt power has been with us for as long as we’ve had courts in this country. Through summary contempt proceedings, judges may imprison any person they deem insufficiently respectful to the authority of the court—with significantly less due process than a person would be entitled to under any other criminal offense. In theory, this is necessary to maintain order in the court. But in practice, summary contempt power is serially and seriously abused. Judges use incarceration to deal with piddling offenses or for no real reason at all. This Article argues that the concept of allowing judges nearly unbridled discretion …

Duped By Dope: The Sackler Family’S Attempt To Escape Opioid Liability And The Need To Close The Non-Debtor Release Loophole, Bryson T. Strachan

University of Richmond Law Review

The opioid epidemic continues to rage on in the United States, ravaging its rural populations. One of its main causes? OxyContin. Purdue Pharma (“Purdue”), the maker of OxyContin, aggressively marketed opioids to the American public while racking up a fortune of over $13 billion dollars for its owners,3 the Sackler family. As a result, roughly 3,000 lawsuits were filed against Purdue and members of the Sackler family. Generally, the lawsuits alleged that Purdue and members of the Sackler family knew OxyContin was highly addictive yet aggressively marketed high dosages of the drug and misrepresented the drug as nonaddictive and without …

Cultural Identity And Territorial Autonomy: U.S. Virgin Islands Jurisprudence And The Insular Cases, Dolace Mclean

Fordham Law Review

This Essay utilizes the lens of postcolonial theory to analyze the development of U.S. Virgin Islands jurisprudence. This Essay asserts that the United States’s acquisition of the territory served the purpose of helping to construct an American narrative of moving from colony to colonial power that surpassed its European forebears. The colonial narrative is fractured by instances of the Supreme Court of the Virgin Islands re-narrating territorial space by utilizing legal principles that are informed by local cultural expressions. Consequently, Virgin Islands jurisprudence is transformed from “colonial dependent” to “postcolonial independent” based on intersectional, progressive principles.