Mass Torts And Due Process,
2012
University of Miami School of Law
Complex Dispute Resolution: Volume Iii: Introduction And Coda: International Dispute Resolution,
2012
Georgetown University Law Center
Complex Dispute Resolution: Volume Iii: Introduction And Coda: International Dispute Resolution, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, negotiations in political policy formation and governance, and international conflict resolution. Each volume contains an original introduction by the editor, which explores the key issues in the field. All three volumes feature essays which span an interdisciplinary range of fields, law, political science, game theory, decision science, economics, social and cognitive psychology, sociology and anthropology and consider issues in the uses of informal and …
What’S Sovereignty Got To Do With It?: Due Process, Personal Jurisdiction And The Supreme Court,
2012
University of Richmond
What’S Sovereignty Got To Do With It?: Due Process, Personal Jurisdiction And The Supreme Court, Wendy Collins Perdue
Law Faculty Publications
In this symposium contribution I do two things. First, I explore the relationship between sovereignty and due process in personal jurisdiction in some of the more problematic aspects of the Nicastro opinions. I conclude that, although at one time the concept of sovereignty provided an important analytic component of personal jurisdiction analysis, this is largely no longer true.
A Political Show Trial In The Northern District: Oberlin-Wellington Fugitive Slave Rescue Case,
2012
Duke Law School
A Political Show Trial In The Northern District: Oberlin-Wellington Fugitive Slave Rescue Case, Paul Finkelman
Faculty Scholarship
This chapter from Justice and Legal Change on the Shores of Lake Erie, examines the first important cases ever heard by the U.S. District Court for the Northern District of Ohio. The cases, known as the Oberlin-Wellington Fugitive Slave Cases -- stemmed out of the rescue of a fugitive slave from the custody of a professional slave catcher. The fugitive was seized in Oberlin, and taken to nearby Wellington, and held in hotel while the slave catchers waiting for a train to take them to Columbus. Meanwhile, a mob -- consisting mostly of Oberlin residents, including many Oberlin College …
Qui Tam: Is False Claims Law A Model For International Law?,
2012
Duke Law School
Qui Tam: Is False Claims Law A Model For International Law?, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Palsgraf, Punitive Damages, And Preemption,
2012
Fordham University School of Law
Palsgraf, Punitive Damages, And Preemption, Benjamin C. Zipursky
Faculty Scholarship
This Article utilizes civil recourse theory along with a pragmatic conceptualist methodology to solve three problems in tort law: one on Palsgraf v. Long Island Railroad Co., one on punitive damages (as seen in the Supreme Court’s struggles with Philip Morris v. Williams), and one on federal preemption (as seen in the Supreme Court’s 4-4 deadlock in Warner-Lambert Company v. Kent). Confusion has been generated by a failure to recognize that -- despite the many aspects of tort law that render it importantly public -- there is something distinctively private about the common law of torts. When one firmly rejects …
Information Lost And Found,
2012
University of Colorado Law School
Information Lost And Found, Frederic M. Bloom
Publications
At the core of every lawsuit is a mix of information-revealing documents that chronicle a party's malfeasance, guarded memos that outline a lawyer's trial strategy, fading memories that recall a jury's key mistakes. Yet the law's system for managing that information is still poorly understood. This Article makes new and better sense of that system. It begins with an original examination of five pieces of our civil information architecture--evidence tampering rules, automatic disclosure requirements, work product doctrine, peremptory challenge law, and bans on juror testimony--and compiles a novel study of how those doctrines intersect and overlap. It then fits these …
Summary Of In Re Fontainebleau Las Vegas Holdings, 128 Nev. Adv. Op. 53,
2011
Nevada Law Journal
Summary Of In Re Fontainebleau Las Vegas Holdings, 128 Nev. Adv. Op. 53, David H. Rigdon
Nevada Supreme Court Summaries
The Court considered a motion to strike an appendix from the record in a pending certification case from the United States Bankruptcy Court.
Summary Of Sicor, Inc. V. Hutchinson, 127 Nev. Adv. Op. No. 82,
2011
Nevada Law Journal
Summary Of Sicor, Inc. V. Hutchinson, 127 Nev. Adv. Op. No. 82, Joseph Bowen
Nevada Supreme Court Summaries
An appeal of a district court order denying a motion for a change of venue in a tort action.
Summary Of Sicor, Inc. V. Sacks, 127 Nev. Adv. Op. 81,
2011
Nevada Law Journal
Summary Of Sicor, Inc. V. Sacks, 127 Nev. Adv. Op. 81, Richard A. Andrews
Nevada Supreme Court Summaries
The Court considered an appeal from a district court order denying without prejudice and deferring a final ruling on a motion to change venue in a tort action.
Securing Sovereign State Standing,
2011
Texas A&M University School of Law
Securing Sovereign State Standing, Katherine Mims Crocker
Faculty Scholarship
There are three main categories of interests upon which states can premise standing to sue as plaintiffs in federal court - proprietary, sovereign, and quasi-sovereign interests. Proprietary and sovereign interests, this Note contends, are held independently by states qua states, whereas quasi-sovereign interests are derivative of citizens’ collective welfare interests. This Note attempts to correct the pervasive confusion clouding the boundary between sovereign and quasi-sovereign interests, arguing that they are meaningfully distinct and should be treated differently.
This argument is especially important in the context of the jurisdictional bar instituted by the Supreme Court in Massachusetts v. Mellon, which prohibits …
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading,
2011
University at Buffalo School of Law
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger M. Michalski
Buffalo Law Review
No abstract provided.
Summary Of Choy V. Ameristar Casinos, Inc., 128 Nev. Adv. Op. 29,
2011
Nevada Law Journal
Summary Of Choy V. Ameristar Casinos, Inc., 128 Nev. Adv. Op. 29, Rami Hernandez
Nevada Supreme Court Summaries
The Court considers an appeal from a district court summary judgment in a tort action.
Rethinking Extraordinary Circumstances,
2011
University of California Hastings College of Law
Rethinking Extraordinary Circumstances, Scott Dodson
Faculty Publications
This short essay for Northwestern University Law Review's Colloquy seeks to rationalize the "extraordinary circumstances" doctrine of Rue 60(b)(6) of the Federal Rules of Civil Procedure. The usual rule is that a movant for Rule 60(b)(6) relief must show extraordinary circumstances for that relief. Under the Ackermann rule (so named after the Supreme Court decision that spawned it), courts have held that any extraordinary circumstances cannot have been caused by the movant's own litigation conduct. I argue that the Ackermann rule, at its broadest, would be unjust to those litigants most in need of Rule 60(b)(6) relief and would overserve …
Civil Practice And Procedure,
2011
Hirschler Fleischer, P.C., Richmond, Virginia.
Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod
University of Richmond Law Review
This article surveys recent significant developments in Virginia civil practice and procedure. Specifically, the article discusses opinions of the Supreme Court of Virginia from June 2010through June 2011 addressing civil procedure topics; significant amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during its 2011 session that relates to civil practice.
Is Legality Political?,
2011
William & Mary Law School
Is Legality Political?, Frederick Schauer
William & Mary Law Review
No abstract provided.
Transnational Class Actions And The Illusory Search For Res Judicata,
2011
Roger Williams University School of Law
Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier
Law Faculty Scholarship
The transnational class action-a class action in which a portion of the class consists of non-US claimants-is here to stay Defendants typically resist the certification of transnational class actions on the basis that such actions provide no assurance of finality for a defendant, as it will always be possible for a non-U.S. class member to initiate subsequent proceedings in a foreign court. In response to this concern, many U.S. courts will analyze whether the "home" courts of the foreign class members would accord res judicata effect to an eventual U.S. judgment prior to certifying a U.S. class action containing foreign …
Summary Of Emerson V. Dist. Ct., 127 Nev. Adv. Op. 61,
2011
Nevada Law Journal
Summary Of Emerson V. Dist. Ct., 127 Nev. Adv. Op. 61, Kendra Kisling
Nevada Supreme Court Summaries
An original petition for a writ of mandamus or prohibition challenging a district court order imposing sanctions on the petitioner, an attorney.
Summary Of Francis V. Wynn Las Vegas, Llc, Nev. Adv. Op. No. 60,
2011
Nevada Law Journal
Summary Of Francis V. Wynn Las Vegas, Llc, Nev. Adv. Op. No. 60, Amanda Ireland
Nevada Supreme Court Summaries
An appeal from a district court summary judgment in a contract action.
Guide To Non-Traditional Research Resources In Conflict Resolution, Civil Discourse, And Public Deliberation And Dialogue,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Guide To Non-Traditional Research Resources In Conflict Resolution, Civil Discourse, And Public Deliberation And Dialogue, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Nevada Legal Research Guides / Reference Desk Guides
No abstract provided.
