South Texas College of Law
Lillard Wise Szygenda pllc
William & Mary Law School
Touro University Jacob D. Fuchsberg Law Center
Komisi Pemilihan Umum Republik Indonesia
Campbell University School of Law
Vanderbilt University Law School
America’S Two Pastimes: Baseball And Constitutional Law; Review Of Adrian Vermeule, Common Good Constitutionalism,
2023
The Heritage Foundation
America’S Two Pastimes: Baseball And Constitutional Law; Review Of Adrian Vermeule, Common Good Constitutionalism, Paul J. Larkin
Catholic University Law Review
For the last 50 years, the two prevailing constitutional interpretation methodologies have been Originalism and Living Constitutionalism. The former treats the Constitution almost like a contract and demands that interpreters focus on the ordinary contemporary understanding its terms would have received when they became law. The latter treats the Constitution as a charter for the structure of a new government that would survive and mature as needed to protect both the nation and its people as new threats to government and civil liberties arise. Professor Adrian Vermeule’s book Common Good Constitutionalism offers a new approach to constitutional interpretation, one that …
Unpuzzling Complete Preemption: Beneficial National Bank V. Anderson After Two Decades In The Circuit Courts,
2023
Pace University
Unpuzzling Complete Preemption: Beneficial National Bank V. Anderson After Two Decades In The Circuit Courts, Anthony Salzetta
Pace Law Review
Beneficial National Bank v. Anderson, 539 U.S. 1 (2003), established the modern complete preemption doctrine—a method of finding removal jurisdiction by way of federal defense. The decision was met immediately with a great degree of confusion and critique by scholars concerned with the doctrine’s theoretical foundation (or lack thereof) and the potential disarray in its prospective execution by lower courts.
This twenty-year retrospective tackles whether clarity has emerged in the lower courts. By analyzing all 164 circuit court cases citing to Beneficial National Bank, I find minimal moments of disagreement between circuits as to application of the doctrine. Courts …
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Misunderstanding Meriwether,
2023
University of California Davis School of Law
Misunderstanding Meriwether, Brian Soucek, Ryan Chen
Fordham Law Review
Meriwether v. Hartop is widely seen as one of the most important academic freedom and transgender rights cases of recent years. Whether praising it as a victory for free speech or condemning it as a threat to educational equality, commentators across the political spectrum have agreed on one thing: the U.S. Court of Appeals for the Sixth Circuit did something big when it held that professors at public universities have a First Amendment right to misgender their students in class. But contrary to popular belief, Meriwether held no such thing. In fact, the Sixth Circuit could not have held what …
Between Scylla And Charybdis: Addressing Software Patent Eligibility In Early-Stage Litigation,
2023
Fordham Law School
Between Scylla And Charybdis: Addressing Software Patent Eligibility In Early-Stage Litigation, Pooja Krishnan
Fordham Law Review
The U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank International established a two-step inquiry for determining the eligibility of a patent claim for protection. The test has faced criticism for its inconsistency, particularly when evaluating software-related patents. These inconsistencies are exacerbated when the test is applied during the early stages of litigation to address motions made under Federal Rules of Civil Procedure 12(b)(6) and 12(c), as the test often requires an in-depth technical analysis of the claims.
First, this Note examines the current approach to software patent eligibility and the various points of inconsistencies and tension. This Note …
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers,
2023
Schulich School of Law, Dalhousie University
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency,
2023
University of New Hampshire
Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps
UNH Sports Law Review
No abstract provided.
Play Like A Girl, Get Paid Like A… Man?,
2023
University of New Hampshire
Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool
UNH Sports Law Review
No abstract provided.
Change Is Growth: The Future Of The Ncaa And College Athletics,
2023
UNH Franklin Pierce School of Law
Change Is Growth: The Future Of The Ncaa And College Athletics, Conner Poulin
UNH Sports Law Review
No abstract provided.
Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour,
2023
UNH Franklin Pierce School of Law
Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour, Michael Dube, Libba Galloway, Chantel Mccabe, Michael Mccann, Alan Milstein
UNH Sports Law Review
No abstract provided.
A Breakdown Of Where Nil Currently Stands,
2023
University of New Hampshire
A Breakdown Of Where Nil Currently Stands, Justin Cavegn
UNH Sports Law Review
No abstract provided.
Narrowing The Scope Of Public Order Payment Under Uae Private International Law: A Critical Study,
2023
University of Sharjah, UAE
Narrowing The Scope Of Public Order Payment Under Uae Private International Law: A Critical Study, Mariam Ahmed Alsandal Dr.
UAEU Law Journal
Private international relations are the legal relations of a foreign component, for which the legislator has permitted the application of foreign law to their disputes, which is approved by the Emirati legislator in the Federal Civil Transactions Law No. 5 of 1985 and its amendments, through a set of legal rules known as the rules of attribution contained in texts 10 to 28 of this law. The Emirati legislator also approved the application of the foreign law in the Federal Personal Status Law No. 28 of 2005 and its amendments, stipulating that the litigants or one of them must adhere …
Fee Shifting, Nominal Damages, And The Public Interest,
2023
University of Michigan
Fee Shifting, Nominal Damages, And The Public Interest, Maureen Carroll
Law & Economics Working Papers
As the Supreme Court recognized in its 2021 decision in Uzuegbunam v. Preczewski, nominal damages can redress violations of “important, but not easily quantifiable, nonpecuniary rights.” For some plaintiffs who establish a violation of their constitutional rights, nominal damages will be the only relief available. In its 1992 decision in Farrar v. Hobby, however, the Court disparaged the nominal-damages remedy. The case involved the interpretation of federal fee-shifting statutes, which enable prevailing civil rights plaintiffs to recover a reasonable attorney’s fee from the defendant. According to Farrar, a plaintiff can prevail by obtaining the “technical” remedy of nominal damages, but …
“Moral Conviction” Plus “Joint Sanctions”: The Judgment-Defaulter Blacklist System In China,
2023
Brooklyn Law School
“Moral Conviction” Plus “Joint Sanctions”: The Judgment-Defaulter Blacklist System In China, Ding Chunyan
Brooklyn Journal of International Law
Although there has been literature generally discussing China’s social credit system, little research carefully examines the nature and logic of the judgment-defaulter blacklist system, from which the broader blacklist system under the social credit system originated. This article reveals that China’s judgment-defaulter blacklist system pragmatically utilizes a strategic combination of “moral conviction” and “joint sanctions” to remedy the failure of the judiciary to perform its duty of judgment enforcement and the ineffectiveness of the legal approaches to enhancing judgment enforcement. The judgment-defaulter blacklist system runs parallel to the existing legal system and will likely impose double punishment on discredited judgment …
Does The Prohibition Of Counter-Supersedeas Against The State Prohibit Any Action With The Same Result?—A Look At In Re Texas Education Agency,
2023
St. Mary's University
Does The Prohibition Of Counter-Supersedeas Against The State Prohibit Any Action With The Same Result?—A Look At In Re Texas Education Agency, Heather C. Montoya
St. Mary's Law Journal
No abstract provided.
25th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act,
2023
Roger Williams University
25th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act, Peter F. Neronha, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Office Of Attorney General Peter F. Neronha, Attorney General: Access To Public Records Act, Open Meetings Act,
2023
Roger Williams University
Office Of Attorney General Peter F. Neronha, Attorney General: Access To Public Records Act, Open Meetings Act, Attorney General, State Of Rhode Island, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
A Further Look At A Hague Convention On Concurrent Proceedings,
2023
Member, Pennsylvania Bar
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,
2023
university of Mosul
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,
2023
Professor of Civil Procedure Law Dean of the College of Law - Al Ain University of Science and Technology & Tanta University
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 …
