Brevi Note Sulle Eccezioni D'Incompetenza Sollevate Nel Corso Dell'arbitrato,
2013
SelectedWorks
Brevi Note Sulle Eccezioni D'Incompetenza Sollevate Nel Corso Dell'arbitrato, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Class Action Litigation After Dukes: In Search Of A Remedy For Gender Discrimination In Employment,
2013
University of Michigan
Class Action Litigation After Dukes: In Search Of A Remedy For Gender Discrimination In Employment, Cindy A. Schipani, Terry Morehead Dworkin
University of Michigan Journal of Law Reform
In this Article we argue for substantial reforms to our system of combating workplace gender discrimination in light of the Supreme Court's ruling in Wal-Mart Stores, Inc. v. Dukes. To help counter discrimination victims' decreasing access to the courts, our proposals call for a narrow construction of the holding of Dukes. At the same time, agencies such as the Equal Employment Opportunity Commission (EEOC), the Office of Federal Contract Compliance Programs (OFCCP), and the Securities and Exchange Commission (SEC) can better use their regulatory authority to address gender discrimination. Further, regulatory agencies, arbitrators, and courts can mandate mentoring programs to …
Concepcion's Pro-Defendant Biasing Of The Arbitration Process: The Class Counsel Solution,
2013
Harvard Law School
Concepcion's Pro-Defendant Biasing Of The Arbitration Process: The Class Counsel Solution, David Korn, David Rosenberg
University of Michigan Journal of Law Reform
By mandating that numerous plaintiffs litigate their common question claims separately in individual arbitrations rather than jointly in class action arbitrations, the Supreme Court in AT&T Mobility LLC v. Concepcion entrenched a potent structural and systemic bias in favor of defendants. The bias arises from the parties' divergent stakes in the outcome of the common question litigation in individual arbitrations: each plaintiff will only invest to maximize the value of his or her own claim, but the defendant has an incentive to protect its entire exposure and thus will have a classwide incentive to invest more in contesting common questions. …
The Odd State Of Twiqbal Plausibility In Pleading Affirmative Defenses ,
2013
Washington and Lee University School of Law
The Odd State Of Twiqbal Plausibility In Pleading Affirmative Defenses , William M. Janssen
Washington and Lee Law Review
No abstract provided.
Drafting New York Civil-Litigation Documents: Part Xxv—Notices To Admit,
2013
Columbia, Fordham & NYU Law Schools
Drafting New York Civil-Litigation Documents: Part Xxv—Notices To Admit, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Twombly Is The Logical Extension Of The Mathews V. Eldridge Test To Discovery,
2013
University of Maryland Francis King Carey School of Law
Twombly Is The Logical Extension Of The Mathews V. Eldridge Test To Discovery, Andrew Blair-Stanek
Andrew Blair-Stanek
The Supreme Court’s 2007 decision in Bell Atlantic Corp. v. Twombly has baffled and mystified both practitioners and scholars, casting aside the well-settled rule for evaluating motions to dismiss in favor of an amorphous “plausibility” standard. This Article argues that Twombly was not revolutionary but simply part of the Court’s ever-expanding application of the familiar three-factor Mathews v. Eldridge test. Misused discovery can deprive litigants of property and liberty interests, and in some cases Mathews requires the safeguard of dismissing the complaint. This Article’s insight explains Twombly’s origins and structure, while also suggesting a source for lower courts to draw …
Summary Of Chapman V. Deutsche Bank Nat'l Trust Co., 129 Nev. Adv. Op. 34,
2013
Nevada Law Journal
Summary Of Chapman V. Deutsche Bank Nat'l Trust Co., 129 Nev. Adv. Op. 34, Timothy A. Wiseman
Nevada Supreme Court Summaries
The Court considered whether a quiet title action was characterized as in personam, in rem, or quasi in rem. The Court also considered whether an action for unlawful detainer was characterized as in personam, in rem, or quasi in rem.
Summary Of Brown V. Mhc Stagecoach, Llc, 129 Nev. Adv. Op. 37,
2013
Nevada Law Journal
Summary Of Brown V. Mhc Stagecoach, Llc, 129 Nev. Adv. Op. 37, Katelyn M. Franklin
Nevada Supreme Court Summaries
The Court considered Brown’s appeal from a district court’s order statistically closing her employment discrimination case against MHC Stagecoach LLC (MHC). The Court held that a form order statistically closing a case is not an appealable judgment under Nevada Rule of Appellate Procedure 3A(b)(1).
Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive,
2013
Touro University Jacob D. Fuchsberg Law Center
Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive, Richard C. Cahn
Touro Law Review
No abstract provided.
A Barrier To Child Welfare Reform: The
Supreme Court’S Flexible Approach To
Federal Rule Of Civil Procedure 60(B)(5)
And Granting Relief To States In
Institutional Reform Litigation,
2013
Seattle University School of Law
A Barrier To Child Welfare Reform: The Supreme Court’S Flexible Approach To Federal Rule Of Civil Procedure 60(B)(5) And Granting Relief To States In Institutional Reform Litigation, Rachel Dunnington
Seattle University Law Review
In a recent decision, Horne v. Flores, the Court demanded a broader and more flexible application of Federal Rule of Civil Procedure (Rule) 60(b)(5). In doing so, the Court opened the door for states to seek relief from court-enforced agreements like consent decrees. This decision undermines the use of institutional reform litigation as a means of fixing the child welfare system and thus deals a further blow to the nation’s most vulnerable citizens. This Note will discuss Horne’s impact on consent decrees stemming from institutional reform litigation in child welfare. Part II will explore the history of Rule 60 as …
The Scope Of Discovery Of Legal Ethics In Class Action Litigation,
2013
Pepperdine University
The Scope Of Discovery Of Legal Ethics In Class Action Litigation, Bernard W. Freedman
Pepperdine Law Review
No abstract provided.
Book Reviews,
2013
Pepperdine University
Book Reviews, James D. Mcgoldrick, Charles I. Nelson
Pepperdine Law Review
No abstract provided.
Summary Of Sylver V. Regents Bank, N.A., 129 Nev. Adv. Op. 30,
2013
Nevada Law Journal
Summary Of Sylver V. Regents Bank, N.A., 129 Nev. Adv. Op. 30, Kelli Michelle Devaney
Nevada Supreme Court Summaries
Consolidated appeals from a district court order confirming an arbitration award and an amended judgment and order of sale, in which the Court considered two issues: (1) whether an arbitration awards was obtained through undue means and (2) whether the arbitrator’s refusal to void a loan in the underlying dispute constituted a manifest disregard for the law.
Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010,
2013
Bowdoin College
Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein
Honors Projects
This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …
Critical Race Empiricism: A New Means To Measure Civil Procedure,
2013
Indiana University
Critical Race Empiricism: A New Means To Measure Civil Procedure, Victor D. Quintanilla
UC Irvine Law Review
No abstract provided.
El Tribunal Constitucional En El Abritraje. De La Intromisión A La Seguridad Jurídica Y…¿Hasta Que El Tribunal Se Contradiga?,
2013
Universidad San Marcos
El Tribunal Constitucional En El Abritraje. De La Intromisión A La Seguridad Jurídica Y…¿Hasta Que El Tribunal Se Contradiga?, Alan A. Pasco Arauco
Alan A. Pasco Arauco
No abstract provided.
Drafting New York Civil-Litigation Documents: Part Xxiv—Summary-Judgment Motions Continued,
2013
Columbia, Fordham & NYU Law Schools
Drafting New York Civil-Litigation Documents: Part Xxiv—Summary-Judgment Motions Continued, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata,
2013
Pepperdine University
Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata, Matt Bove
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
When Dicta Attacks: Elliott V. Commodity Futures Trading Commission,
2013
Pepperdine University
When Dicta Attacks: Elliott V. Commodity Futures Trading Commission, Joanna E. Barnes
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act ,
2013
Pepperdine University
Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act , Robin J. Arzt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
