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6,674 full-text articles. Page 154 of 158.

Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl 2010 William & Mary Law School

Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl 2010 William & Mary Law School

Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


Law Day Oral Argument Session Fifth District Court Of Appeal, 2010, Honorable William D. Palmer, Chief Judge, Honorable Bruce Jacobus, Honorable C. Alan Lawson 2010 Florida A&M University College of Law

Law Day Oral Argument Session Fifth District Court Of Appeal, 2010, Honorable William D. Palmer, Chief Judge, Honorable Bruce Jacobus, Honorable C. Alan Lawson

Law Day Presentations

As part of Law Day activities, a three judge panel hear appellate oral arguments on a first-degree murder case, a contract dispute, and a sexual battery and false imprisonment case, in the FAMU College of Law's Ceremonial Moot Courtroom. The Court entertains questions from the gallery regarding the appellate process and organization of the appellate court following each argument.


Summary Of Dictor V. Creative Mgmt. Servs., Llc, 126 Nev. Adv. Op. No. 4, Tenesa S. Scaturro 2010 Nevada Law Journal

Summary Of Dictor V. Creative Mgmt. Servs., Llc, 126 Nev. Adv. Op. No. 4, Tenesa S. Scaturro

Nevada Supreme Court Summaries

Appeal of district court order granting summary judgment.


What's Past Is Prologue? Why The Prison Litigation Reform Act Does Not—And Should Not—Classify Punitive Damages As Prospective Relief, Lisa Benedetti 2010 University of Washington School of Law

What's Past Is Prologue? Why The Prison Litigation Reform Act Does Not—And Should Not—Classify Punitive Damages As Prospective Relief, Lisa Benedetti

Washington Law Review

The Prison Litigation Reform Act of 1995 (PLRA) arose from Congress’s intent to curb frivolous and institutionally invasive prisoner civil rights litigation. In furtherance of its goals, the PLRA limits the prospective relief prisoners can receive to such relief that is narrowly tailored to the federal rights violation at issue and the least intrusive means necessary to correct the violation, otherwise known as the need-narrownessintrusiveness standard. Under the PLRA, prospective relief includes all relief other than compensatory monetary damages. However, while the courts have frequently applied and interpreted the PLRA over the past decade, only one circuit has addressed whether …


The Restrictive Ethos In Civil Procedure, A. Benjamin Spencer 2010 William & Mary Law School

The Restrictive Ethos In Civil Procedure, A. Benjamin Spencer

Faculty Publications

Those of us who study civil procedure are familiar with the notion that federal civil procedure under the 1938 Rules was generally characterized by a "liberal ethos," meaning that it was originally designed to promote open access to the courts and to facilitate a resolution of disputes on the merits. Most of us are also aware of the fact that the reality of procedure is not always access-promoting or fixated on merits- based resolutions as a priority. Indeed, I would say that a "restrictive ethos" prevails in procedure today, with many rules being developed, interpreted, and applied in a manner …


Subverting Rule 56? Mcdonnell Douglas, White V. Baxter Healthcare Corp., And The Mess Of Summary Judgement In Mixed-Motive Cases, Christopher J. Emden 2010 William & Mary Law School

Subverting Rule 56? Mcdonnell Douglas, White V. Baxter Healthcare Corp., And The Mess Of Summary Judgement In Mixed-Motive Cases, Christopher J. Emden

William & Mary Business Law Review

No abstract provided.


Summary Of Great Basin Water Network V. State Eng’R, 126 Nev. Adv. Op. No. 2, Jason VanMeetren 2010 Nevada Law Journal

Summary Of Great Basin Water Network V. State Eng’R, 126 Nev. Adv. Op. No. 2, Jason Vanmeetren

Nevada Supreme Court Summaries

A 2003 amendment to section 533.3702 of the Nevada Revised Statutes, empowering the State Engineer to postpone taking action on water appropriation applications “[for] municipal use,” applies retroactively to applications filed within one year of the 2003 amendment and does not apply to applications filed more than one year prior the amendment.


What Federal Rulemakers Can Learn From State Procedural Innovations, Seymour Moskowitz 2010 Valparaiso University School of Law

What Federal Rulemakers Can Learn From State Procedural Innovations, Seymour Moskowitz

Law Faculty Publications

No abstract provided.


Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland 2010 Valparaiso University School of Law

Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland

Law Faculty Publications

No abstract provided.


The Restrictive Ethos In Civil Procedure, A. Benjamin Spencer 2010 Washington and Lee University School of Law

The Restrictive Ethos In Civil Procedure, A. Benjamin Spencer

Scholarly Articles

Those of us who study civil procedure are familiar with the notion that federal procedure under the 1938 civil rules was generally characterized by a "liberal ethos," meaning that it was originally designed to promote open access to the courts and to facilitate a resolution of disputes on the merits. Most of us are also aware of the fact that the reality of procedure is not always access-promoting or fixated on merits-based resolutions as a priority. Indeed, I would say that a "restrictive ethos" characterizes procedure today, with many rules being developed, interpreted, and applied in a manner that frustrates …


Iqbal And The Slide Toward Restrictive Procedure, A. Benjamin Spencer 2010 Washington and Lee University School of Law

Iqbal And The Slide Toward Restrictive Procedure, A. Benjamin Spencer

Scholarly Articles

Last term, in Ashcroft v. Iqbal, the Supreme Court affirmed its commitment to more stringent pleading standards in the ordinary federal civil case. Although the decision is not a watershed, since it merely underscores the substantial changes to pleading doctrine wrought in Bell Atlantic Corp. v. Twombly, Iqbal is disconcerting for at least two reasons. First, the Court treated Iqbal’s factual allegations in a manner that further erodes the assumption-of-truth rule that has been the cornerstone of modern federal civil pleading practice. The result is an approach to pleading that is governed by a subjective, malleable standard that permits judges …


Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala 2010 Liberty University

Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Let My Love Open The Door: The Case For Extending Marital Privileges To Unmarried Cohabitants, Julia Cardozo 2010 University of Maryland Francis King Carey School of Law

Let My Love Open The Door: The Case For Extending Marital Privileges To Unmarried Cohabitants, Julia Cardozo

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Revisiting The Lyons Den: Summers V. Earth Island Institute's Misuse Of Lyons's Realistic Threat Of Harm Standing Test, Bradford Mank 2010 University of Cincinnati College of Law

Revisiting The Lyons Den: Summers V. Earth Island Institute's Misuse Of Lyons's Realistic Threat Of Harm Standing Test, Bradford Mank

Faculty Articles and Other Publications

In Summers v. Earth Island Institute, 129 S. Ct. 1142 (2009), the majority and dissenting opinions disagreed about how to apply the “realistic threat” test set forth in Los Angeles v. Lyons, 461 U.S. 95, 107 (1983)). According to Justice Scalia’s majority opinion in Summers, the plaintiff organizations did not have standing to obtain injunctive relief because they failed to prove that their members were likely in the near future to hike on government land on which the Forest Service conducted allegedly illegal sales of timber without public notice and comment and that the facts alleged by …


Fresh Look At Punitive Damages, Richard Henry Seamon 2010 University of Idaho College of Law

Fresh Look At Punitive Damages, Richard Henry Seamon

Articles

No abstract provided.


Hearings, Mark Spottswood 2010 Northwestern University School of Law

Hearings, Mark Spottswood

Faculty Working Papers

This article explores a constantly recurring procedural question: When is fact-finding improved by a live hearing, and when would it be better to rely on a written record? Unfortunately, when judges, lawyers, and rulemakers consider this issue, they are led astray by the widely shared—but false—assumption that a judge can best determine issues of credibility by viewing the demeanor of witnesses while they are testifying. In fact, a large body of scientific evidence indicates that judges are more likely to be deceived by lying or mistaken witnesses when observing their testimony in person than if the judges were to review …


Interlocutory Review By Agreement Of The Parties: A Preliminary Analysis, James Pfander, Dave Pekarek-Krohn 2010 Northwestern University School of Law

Interlocutory Review By Agreement Of The Parties: A Preliminary Analysis, James Pfander, Dave Pekarek-Krohn

Faculty Working Papers

Although the nineteenth century's final judgment rule no longer represents an absolute barrier to interlocutory appellate review, scholars disagree about what should take its place. Some favor a regime of discretionary interlocutory review, with power conferred on appellate courts to select issues that warrant intervention. Others reject discretionary review as a waste of appellate resources and call upon the rule makers to identify specific categories of non-final orders that always warrant review. While the Supreme Court's collateral order doctrine bears some similarity to this process of categorization, the Court may have called a halt to the judicial recognition of new …


Threshold Obstacles To Justice: The Interaction Of Procedural And Substantive Law In The United States, France, And China, Daniel Vandekoolwyk 2010 Pacific McGeorge School of Law

Threshold Obstacles To Justice: The Interaction Of Procedural And Substantive Law In The United States, France, And China, Daniel Vandekoolwyk

Global Business & Development Law Journal

No abstract provided.


The International Criminal Court And The Closure Of The Time-Limited International And Hybrid Criminal Tribunals, Valerie Oosterveld 2010 Western Law, Western University

The International Criminal Court And The Closure Of The Time-Limited International And Hybrid Criminal Tribunals, Valerie Oosterveld

Law Publications

No abstract provided.


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