Narrative, Truth, And Trial,
2013
Duke Law School
Narrative, Truth, And Trial, Lisa Kern Griffin
Faculty Scholarship
This Article critically evaluates the relationship between constructing narratives and achieving factual accuracy at trials. The story model of adjudication— according to which jurors process testimony by organizing it into competing narratives—has gained wide acceptance in the descriptive work of social scientists and currency in the courtroom, but it has received little close attention from legal theorists. The Article begins with a discussion of the meaning of narrative and its function at trial. It argues that the story model is incomplete, and that “legal truth” emerges from a hybrid of narrative and other means of inquiry. As a result, trials …
Protect Yourself: Why The Eleventh Circuit's Approach To Sanctions For Protective Order Violations Fails Litigants,
2013
University of Georgia School of Law
Protect Yourself: Why The Eleventh Circuit's Approach To Sanctions For Protective Order Violations Fails Litigants, Adam J. Fitzsimmons
Georgia Law Review
Litigants commonly struggle to balance the need to comply with discovery requests and the desire to protect valuable trade secrets. Protective orders to help strike that balance. Questions arise, however, when one of the parties violates that protective order and discloses the opponent's confidential information. Chiefly, what remedies are available for a party whose invaluable intellectual property has been disclosed? At least one circuit has held the most common sanction, payment of attorney's fees, is unavailable for a violation of a protective order. Generally, Federal Rule of Civil Procedure 37(b)(2) governs sanctions for violations of discovery orders, but the text …
(In)Competence In Appellate And District Court Brief Writing On Rule 12 And 56 Motions,
2013
University of Colorado Law School
(In)Competence In Appellate And District Court Brief Writing On Rule 12 And 56 Motions, Scott A. Moss
Publications
No abstract provided.
The Power And Promise Of Procedure: Examining The Class Action Landscape After Wal-Mart V. Dukes,
2013
University of Colorado Law School
The Power And Promise Of Procedure: Examining The Class Action Landscape After Wal-Mart V. Dukes, Suzette M. Malveaux
Publications
No abstract provided.
The Jury (Or More Accurately The Judge) Is Still Out For Civil Rights And Employment Cases Post-Iqbal,
2013
University of Colorado Law School
The Jury (Or More Accurately The Judge) Is Still Out For Civil Rights And Employment Cases Post-Iqbal, Suzette M. Malveaux
Publications
No abstract provided.
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants,
2013
American University, Washington College of Law
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew Popper
Scholarly Articles in Law Reviews & Journals
The focus of this article is on the difficulty of securing in personam jurisdiction over foreign entities who steal information technology and intellectual property (IT and IP). The value of stolen IT and IP is somewhere in the range of a trillion dollars over the last decade. Given the current inability to prevent those losses or deter meaningfully those engaged in the misconduct, the article explores the core of the problem: the difficulty of satisfying the minimum contact/fairness requirements of Article III courts. The article addresses several alternative approaches that might allow for more efficient protection of IT and IP. …
Erie's International Effect,
2012
Northwestern Pritzker School of Law
Summary Of Beazer Homes Holding Corp. V. Dist. Ct., 128 Nev. Adv. Op. 66,
2012
Nevada Law Journal
Summary Of Beazer Homes Holding Corp. V. Dist. Ct., 128 Nev. Adv. Op. 66, Jamie Stilz-Outlaw
Nevada Supreme Court Summaries
The Court considered the ability of a homeowners’ association (HOA) to litigate construction-defect claims on behalf of its members’ homes under NRS 116.3102(1)(d) without fulfilling NRCP 23 class action requirements.
Summary Of Butwinick V. Hepner, 128 Nev. Adv. Op. 65,
2012
Nevada Law Journal
Summary Of Butwinick V. Hepner, 128 Nev. Adv. Op. 65, Robert Stewart
Nevada Supreme Court Summaries
The Court considered Respondents’ motion to substitute themselves as the real parties in interest after acquiring Appellants’ rights and interests in the underlying district court action at a judgment execution sale, and to dismiss Appellants’ appeal from a district court order.
Summary Of Casey V. Wells Fargo Bank, N.A., 128 Nev. Adv. Op. No. 64,
2012
Nevada Law Journal
Summary Of Casey V. Wells Fargo Bank, N.A., 128 Nev. Adv. Op. No. 64, Casey Seale
Nevada Supreme Court Summaries
An appeal of a motion to confirm an arbitration award that the Court summarily granted without reviewing the arbitration record and without giving the nonmovant an opportunity to file an opposition to the motion.
Application Of Digital Forensic Science To Electronic Discovery In Civil Litigation,
2012
LSU New Orleans
Application Of Digital Forensic Science To Electronic Discovery In Civil Litigation, Brian Roux
LSU New Orleans Theses and Dissertations
Following changes to the Federal Rules of Civil Procedure in 2006 dealing with the role of Electronically Stored Information, digital forensics is becoming necessary to the discovery process in civil litigation. The development of case law interpreting the rule changes since their enactment defines how digital forensics can be applied to the discovery process, the scope of discovery, and the duties imposed on parties. Herein, pertinent cases are examined to determine what trends exist and how they effect the field. These observations buttress case studies involving discovery failures in large corporate contexts along with insights on the technical reasons those …
Summary Of Aspen Financial Services Inc. V. Dist. Ct., 128 Nev. Adv. Op. 57,
2012
Nevada Law Journal
Summary Of Aspen Financial Services Inc. V. Dist. Ct., 128 Nev. Adv. Op. 57, Oscar Peralta
Nevada Supreme Court Summaries
The Court considered a petition for a writ of prohibition or mandamus in response to a district court’s denial of a motion to stay certain testimonial discovery in a civil proceeding occurring simultaneously to a criminal investigation.
Irregularities In Procedure – Reconsidering Section 392,
2012
Singapore Management University
Irregularities In Procedure – Reconsidering Section 392, Pearlie M. C. Koh
Research Collection Yong Pung How School Of Law
In corporate administration, procedures, and their due compliance, are often of as much significance as the outcomes of the proceedings they regulate. The consequence of a failure to comply with procedures, whether laid down statutorily or in the company's constitution, is often the invalidation of the subject proceeding. Such invalidation may perhaps be justified on the basis that faithful compliance does much to foster a perception that the outcomes determined at the proceedings so held are fair, a perception that is vitally important to the acceptability of the outcome by all concerned. Nevertheless, it is also the case that corporate …
Standing To Sue A Carrier's Killers ,
2012
Pepperdine University
Standing To Sue A Carrier's Killers , Davis J. Howard
Pepperdine Law Review
No abstract provided.
The Child's Right To Be Heard And Represented In Judicial Proceedings ,
2012
Pepperdine University
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
Pepperdine Law Review
No abstract provided.
Qualified Immunity: When Is A Loss Ultimately A Win?,
2012
University of Florida Levin College of Law
Qualified Immunity: When Is A Loss Ultimately A Win?, Michael J. Hooi
Florida Law Review
No abstract provided.
Distilling Minimum Due Process Requirements For Punitive Damages Awards,
2012
University of Florida Levin College of Law
Distilling Minimum Due Process Requirements For Punitive Damages Awards, Benjamin J. Robinson
Florida Law Review
No abstract provided.
Does A Cartel Aim Expressly? Trusting Calder Personal Jurisdiction When Antitrust Goes Global,
2012
University of Florida Levin College of Law
Does A Cartel Aim Expressly? Trusting Calder Personal Jurisdiction When Antitrust Goes Global, Larry Dougherty
Florida Law Review
This Note suggests that while Calder jurisdiction fits well with some types of antitrust allegations, the Calder analogy weakens when charges of broad-based anticompetitive conduct collide with the long-arm statutes of particular states. The risk of forcing the analogy too far, of course, is a violation of due process. Part II of this Note reviews the facts and holding of Calder, and some of the key cases that followed it. Part III addresses the question of how the effects test might be different for antitrust complaints. Part IV reviews one type of anticompetitive conduct that seems to place particular …
Confusion And Unpredictability In Shareholder Derivative Litigation: The Delaware Courts' Response To Recent Corporate Scandals,
2012
Saint Louis University
Confusion And Unpredictability In Shareholder Derivative Litigation: The Delaware Courts' Response To Recent Corporate Scandals, Ann M. Scarlett
Florida Law Review
The Delaware courts responded to the recent wave of corporate scandals, exemplified by Enron and WorldCom, by changing their approach to shareholder derivative litigation. This Article analyzes the Delaware courts’ response to these scandals and concludes that the courts have created doctrinal confusion and introduced unpredictability into derivative litigation. This Article also analyzes the future negative consequences for shareholders, corporations, directors, investors, and other litigants. Finally, this Article proposes improvements for derivative litigation that may alleviate the confusion and unpredictability created by the Delaware courts’ response to the recent scandals
Florida's Eminent Domain Overhaul: Creating More Problems Than It Solved,
2012
University of Florida Levin College of Law
Florida's Eminent Domain Overhaul: Creating More Problems Than It Solved, Scott J. Kennelly
Florida Law Review
This Note initially discusses how the Florida Legislature’s reaction to Kelo v. City of New London was unnecessary. However, accepting that the legislature felt the influence of the body politic to enact significant eminent domain reform, this Note argues that the legislature did not fully consider the consequences of its actions. Instead, the legislature’s measures were overly broad and created ambiguity. Additionally, the measures will have unintended consequences that could leave landowners and the community worse off than under the previous system. Finally, this Note offers solutions that would both provide Florida with a more comprehensive eminent domain framework and …
