Members Only: The Need For Reform In U.S. Intercountry Adoption Policy,
2011
Seattle University School of Law
Members Only: The Need For Reform In U.S. Intercountry Adoption Policy, Colin Joseph Troy
Seattle University Law Review
In the last five years, Americans have adopted nearly seventy thousand children from foreign countries. The trend of intercountry adoption, “the process by which a married couple or single individual of one country adopts a child from another country,” is representative of the new globalized world, where families are formed and dissolved beyond the bounds of national borders. Although intercountry adoption has enabled many adoptive parents to form loving families and provide caring living environments for countless children, intercountry adoption is not without its share of problems. Corruption and abuse, such as child trafficking, have in many cases marred the …
Summary Of Lund V. Dist. Ct., 127 Nev. Adv. Op. No. 28,
2011
Nevada Law Journal
Summary Of Lund V. Dist. Ct., 127 Nev. Adv. Op. No. 28, Ryan Johnson
Nevada Supreme Court Summaries
A petition for a writ of mandamus directing the district court to vacate its order dismissing petitioner’s counterclaims that added new parties to the action and to reinstate those counterclaims.
Summary Of Arguello V. Sunset Station, Inc., 127 Nev. Adv. Op. No. 29,
2011
Nevada Law Journal
Summary Of Arguello V. Sunset Station, Inc., 127 Nev. Adv. Op. No. 29, Charles Gianelloni
Nevada Supreme Court Summaries
Appeal from a district court summary judgment in a tort action.
Asymmetrical Jurisdiction,
2011
University of Georgia School of Law
Asymmetrical Jurisdiction, Matthew I. Hall
Scholarly Works
Most people — and most lawyers — would assume that the U.S. Supreme Court has jurisdiction to review any determination of federal law by an inferior court, whether state or federal. And there was a time when it was so. But the Court’s recent justiciability decisions have created a perplexing jurisdictional gap — a set of cases in which state court determinations of federal law are immune from the Supreme Court’s appellate jurisdiction. The Court has thus surrendered a portion of its supremacy and thereby undermined the policies that underlie its appellate jurisdiction.
In an effort to address this problem, …
The Limits Of Procedural Private Ordering,
2011
University of Georgia School of Law
The Limits Of Procedural Private Ordering, Jaime L. Dodge
Scholarly Works
Civil procedure is traditionally conceived of as a body of publicly-set rules, with limited carve-outs – most commonly, forum selection and choice of law provisions. I argue that these terms are mere instantiations of a broader, unified phenomenon of procedural private ordering, in which civil procedure is no longer irrevocably defined by law, but instead is a mere default that can be waived or modified by contract. Parties are no longer merely selecting between publicly-created procedural regimes but customizing the rules of procedure to be applied by the court – from statutes of limitations, discovery obligations and the admissibility of …
Summary Of Sparks V. Alpha Tau Omega, 127 Nev. Adv. Op. No. 23,
2011
Nevada Law Journal
Summary Of Sparks V. Alpha Tau Omega, 127 Nev. Adv. Op. No. 23, Cristen Thayer
Nevada Supreme Court Summaries
Appeal from two district court orders granting summary judgment in favor of multiple defendants in a tort action.
Responding To The Loss Of An En Banc Quorum (Update: Prawfsblawg Gets Results!?),
2011
William & Mary Law School
Responding To The Loss Of An En Banc Quorum (Update: Prawfsblawg Gets Results!?), Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Summary Of Ruiz V. City Of North Las Vegas, 127 Nev. Adv. Op. No. 20,
2011
Nevada Law Journal
Summary Of Ruiz V. City Of North Las Vegas, 127 Nev. Adv. Op. No. 20, Christian Balducci
Nevada Supreme Court Summaries
An appeal from the District Court’s dismissal of a petition to vacate an arbitration decision because the petitioner lacked standing.
Deferring To Agency Amicus Briefs That Present New Guidance,
2011
William & Mary Law School
Deferring To Agency Amicus Briefs That Present New Guidance, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Waiting For Davis V. United States -- Or Not Waiting,
2011
William & Mary Law School
Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?,
2011
William & Mary Law School
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Summary Of Valley Health System V. District Court, 127 Nev. Adv. Op. No. 15,
2011
Nevada Law Journal
Summary Of Valley Health System V. District Court, 127 Nev. Adv. Op. No. 15, Ryan Johnson
Nevada Supreme Court Summaries
The Court hears a motion for a writ of mandamus to vacate a district court order. The district court order adopted a discovery commission report compelling production of requested documents.
At&T'S Long Game On Unconscionability,
2011
William & Mary Law School
At&T'S Long Game On Unconscionability, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
At&T V. Concepcion And Adherence To Minority Views,
2011
William & Mary Law School
At&T V. Concepcion And Adherence To Minority Views, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
A Moral Rights Theory Of Private Law,
2011
DePaul University College of Law
A Moral Rights Theory Of Private Law, Andrew S. Gold
William & Mary Law Review
Private law—the law of torts, contracts, and property—is at an interpretive impasse. The two leading conceptual theories of private law—corrective justice and civil recourse theories—both suffer from significant weaknesses. Given these concerns, private law may even seem incoherent. The problem is not insurmountable, however. This Article offers a new way to understand private law. I will argue that private law is best understood as a means for individuals to exercise their moral enforcement rights.
Moral enforcement rights exist when an individual may legitimately use coercion to force another individual to comply with his or her moral duties. Not all interpersonal …
Making Appearances Matter: Recusal And The Appearance Of Bias,
2011
Brigham Young University Law School
Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam
BYU Law Review
No abstract provided.
Reaping The Benefits Of Class Cerification: How And When Should "Significant Proof" Be Required Post-Dukes?,
2011
Brigham Young University Law School
Reaping The Benefits Of Class Cerification: How And When Should "Significant Proof" Be Required Post-Dukes?, Julie Slater
BYU Law Review
No abstract provided.
Optimal Lead Plaintiffs,
2011
University of Georgia School of Law
Optimal Lead Plaintiffs, Elizabeth Chamblee Burch
Scholarly Works
Adequate representation in securities class actions is, at best, an afterthought and, at worst, usurped and subsumed by the Private Securities Litigation Reform Act’s lead-plaintiff appointment process. Once appointed, the lead plaintiff bears a crushing burden: Congress expects her to monitor the attorney, thwart strike suits, and deter fraud, while judges expect her appointment as the “most adequate plaintiff” to resolve intra-class conflicts and adequate-representation problems. But even if she could be all things to all people, the lead plaintiff has little authority to do much aside from appointing lead counsel. Plus, class members in securities-fraud cases have diverse preferences …
Protect Me From Myself: Determining Competency To Waive The Right To Counsel During Civil-Commitment Proceedings In Washington State,
2011
Seattle University School of Law
Protect Me From Myself: Determining Competency To Waive The Right To Counsel During Civil-Commitment Proceedings In Washington State, Jacob J. Stender
Seattle University Law Review
This Comment argues that an unarticulated, heightened standard of competency to waive counsel, under which Washington currently operates, is the ideal standard to address the unique concerns that exist in civil- commitment proceedings. This Comment clarifies the existing law governing the determination of a party’s right to waive counsel, as well as the determination of the validity of such a waiver. This Comment also articulates a comprehensive inquiry standard for trial courts, both within and outside of Washington, to apply when determining the competency of a party and the validity of a waiver. The goal of this express determination standard …
Summary Of Bmw V. Roth, 127 Nev. Adv. No. 11,
2011
Nevada Law Journal
Summary Of Bmw V. Roth, 127 Nev. Adv. No. 11, Danielle Woodrum
Nevada Supreme Court Summaries
Consolidated appeals from the Eighth Judicial District Court order granting a new trial in a tort action and from post-judgment orders regarding an award of attorney fees and costs.
