Trivia From The Supreme Court Order List,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
2010
University of Idaho College of Law
Hearings,
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,
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,
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,
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.
