Civil Procedure Commons^™

Inviting The People Into People's Court: Embracing Non-Attorney Representation In Eviction Proceedings, Gregory Zlotnick

Marquette Benefits and Social Welfare Law Review

Evictions often hide in plain sight—and so does one of the most effective responses. Studies uniformly confirm that represented tenants avoid evictions, and with it associated downstream effects, at appreciably higher rates than unrepresented tenants. Tenant representation is one of the most cost-effective anti-poverty interventions available in our housing system. Lawyers should support its expansion, even if and when it a non-lawyer serves as that intervenor in eviction court.

This paper argues that the legal profession should embrace and expand existing pathways for training eligible and interested individuals, regardless of whether they are licensed attorneys, to assist tenants facing eviction. …

Reconsidering The Imposition Of Dual Vicarious Liability In The Borrowed Employee Context: The Singapore Approach In Munshi Mohammad Faiz V Interpro Construction Pte Ltd [2021] 4 Slr 1371 And Hwa Aik Engineering Pte Ltd V Munshi Mohammad [2021] 1 Slr 1288, Danny Ong, Aaron Yoong, Louis Yi Hang Lau

Research Collection Yong Pung How School Of Law

The limits of the law on dual vicarious liability were recently tested in the decisions of Munshi Mohammad Faiz v Interpro Construction Pte Ltd [2021] 4 SLR 1371 and Hwa Aik Engineering Pte Ltd v Munshi Mohammad [2021] 1 SLR 1288, both before the General and Appellate divisions of the High Court. Against the backdrop of these decisions, this case note argues that the approach laid down by the High Court may go some ways in resolving the tension and assist in settling the perennial question of the role of control in dual vicarious liability. In particular, it is argued …

The 2022 Alabama Executions And The Crisis Of American Capitalpunishment, Alexandra L. Klein

Nevada Law Journal

The Death Penalty Information Center described 2022 as “the year of the botched execution” in its 2022 Annual Report. Alabama’s execution errors were especially serious: it attempted to execute four people, botched three of its four executions, and ultimately called off two executions. Alabama’s 2022 executions and its errors are the culmination of common problems in capital punishment across the United States. A full understanding of capital punishment requires an analysis of individual cases, including executions, and analysis of how that case fits within the system of capital punishment. Evaluating a single case may reveal unfairness and arbitrariness, but tracking …

Narrowing The Scope Of Public Order Payment Under Uae Private International Law: A Critical Study, Mariam Ahmed Alsandal Dr.

UAEU Law Journal

Private international relations are the legal relations of a foreign component, for which the legislator has permitted the application of foreign law to their disputes, which is approved by the Emirati legislator in the Federal Civil Transactions Law No. 5 of 1985 and its amendments, through a set of legal rules known as the rules of attribution contained in texts 10 to 28 of this law. The Emirati legislator also approved the application of the foreign law in the Federal Personal Status Law No. 28 of 2005 and its amendments, stipulating that the litigants or one of them must adhere …

Fee Shifting, Nominal Damages, And The Public Interest, Maureen Carroll

Law & Economics Working Papers

As the Supreme Court recognized in its 2021 decision in Uzuegbunam v. Preczewski, nominal damages can redress violations of “important, but not easily quantifiable, nonpecuniary rights.” For some plaintiffs who establish a violation of their constitutional rights, nominal damages will be the only relief available. In its 1992 decision in Farrar v. Hobby, however, the Court disparaged the nominal-damages remedy. The case involved the interpretation of federal fee-shifting statutes, which enable prevailing civil rights plaintiffs to recover a reasonable attorney’s fee from the defendant. According to Farrar, a plaintiff can prevail by obtaining the “technical” remedy of nominal damages, but …

“Moral Conviction” Plus “Joint Sanctions”: The Judgment-Defaulter Blacklist System In China, Ding Chunyan

Brooklyn Journal of International Law

Although there has been literature generally discussing China’s social credit system, little research carefully examines the nature and logic of the judgment-defaulter blacklist system, from which the broader blacklist system under the social credit system originated. This article reveals that China’s judgment-defaulter blacklist system pragmatically utilizes a strategic combination of “moral conviction” and “joint sanctions” to remedy the failure of the judiciary to perform its duty of judgment enforcement and the ineffectiveness of the legal approaches to enhancing judgment enforcement. The judgment-defaulter blacklist system runs parallel to the existing legal system and will likely impose double punishment on discredited judgment …

Does The Prohibition Of Counter-Supersedeas Against The State Prohibit Any Action With The Same Result?—A Look At In Re Texas Education Agency, Heather C. Montoya

St. Mary's Law Journal

No abstract provided.

Office Of Attorney General Peter F. Neronha, Attorney General: Access To Public Records Act, Open Meetings Act, Attorney General, State Of Rhode Island, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

25th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act, Peter F. Neronha, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Plaintiffs' Process: Civil Procedure, Mdl, And A Day In Court, Elizabeth Chamblee Burch, Abbe R. Gluck

Scholarly Works

The article focuses on the concept of "plaintiffs process" within the field of civil procedure. It discusses how civil procedure doctrine has traditionally been defendant-centric, focusing on the rights and protections of defendants in legal cases. It examines the role of multidistrict litigation (MDL) in this context and how it impacts plaintiffs rights and access to the courts.

Liability Of Third Parties In Compulsory Implementation: A Comparative Study, Dr. Yasser Bassem Al-Sabawi

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The creditor's right to initiate compulsory enforcement procedures, in legal terms, entails an integrated executive association in terms of its elements, namely, the person, the subject and the reason, which constitutes the theory of implementation in general. Since implementation theory consists of three basic elements, implementation people, the reason for implementation, and the place of implementation. The subject of the research will be limited to the implementation persons, not all the people involved in the process of forced implementation. But only to third parties.

Since direct enforcement procedures require the intervention of several persons in the executive association, in order …

Evaluation Of The Uae Legislator's Use Of Telecommunications Technology In Civil Procedures, Mostafa El-Metwally Quandil Prof.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This paper examines the stance of the UAE legislator regarding the use of tele-communication technologies in civil procedures. The legislator authorized the use of electronic mail and fax in judicial notifications in the Federal Law No. (28) Of 2005 on Personal Status.

However, the UAE legislator expanded the use of telecommuting technologies in civil procedures by the Federal Law No. (10) 2017 amending certain provisions of the Code of Civil Procedure. As well as the issuance of the Council of Ministers' Resolution No. (57) of 2018 on the regulation of Civil Procedure Code, which included more details and applications of …

Arbitration—From Sacred Cow To Golden Calf: Three Phases In The History Of The Federal Arbitration Act, Katherine V.W. Stone

Pepperdine Dispute Resolution Law Journal

For the past twenty-five years, without much fanfare, arbitration law has remade the civil justice system in the United States. As now interpreted, the Federal Arbitration Act (the ‘FAA’) requires millions of consumers, workers, homeowners, credit card holders, rental car uses, hospital patients, and other ordinary people to forgo use of the courts to vindicate important rights. One development that has garnered particular attention is the tendency of corporations to include class action waivers in arbitration agreements, thereby preventing consumers and employees from aggregating small claims and litigating on a collective basis. While arbitration has become ubiquitous, it has also …

On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Preliminary Injunctions In Public Law: The Merits, Kevin J. Lynch

Sturm College of Law: Faculty Scholarship

The law of preliminary injunctions has been evolving, in many instances away from its roots in equity and towards a more rigid and formalistic approach that raises the bar for when a preliminary injunction may be granted. This change has its roots in hostility at the Supreme Court to certain types of rights, such as abortion, voting rights, public health, and environmental protection, to name a few. In the aftermath of the Supreme Court’s 2009 decision in Winter v. Natural Resources Defense Council, a few circuits have adopted a strict, literal reading of some dicta from that case in order …

Game, Set, …Tie? The Eleventh Circuit Gives Courts Discretion To Refrain From Choosing A Prevailing Party, Tessa Sizemore

Mercer Law Review

During the National Football League’s (NFL) 2022 opening week, the Houston Texans game versus the Indianapolis Colts ended in a tie after an impressive fourth-quarter comeback by the Colts. This is only the nineteenth opening week tie in NFL history. Much like that Texans-Colts game, the United States Court of Appeals for the Eleventh Circuit hosted a legal dispute which ended in a tie this year. While the American legal system is no game, it is certainly a surprise when our adversarial system produces a legal result with no winner.

Internet Jurisdiction And The 21st Century: Zippo, Calder, And The Metaverse, Gretchen Yelmini

Connecticut Law Review

Internet use in the United States continues to increase at a rate that outpaces the legal system. From reliance on outdated precedent, differing long-arm statutes, and emergent technologies, there are unanswered questions of whether existing precedent is sufficient to handle our increasingly borderless society.

Many courts still rely on the Zippo test despite the exponential advancements in how we use the internet in the twenty-five years since the Western District of Pennsylvania developed a framework for this issue. The Supreme Court has continued to avoid directly addressing the issue. In 2014, the Court left decisions on virtual presence to “another …

For Whom The Church Bells Toll: The Supreme Court Of Georgia Resolves The Issue Of Whether Fraud Can Toll The Statute Of Limitations For Sexual Abuse Claims, Sydney Thompson

Mercer Law Review

In January of 2002, the Boston Globe published an article detailing widespread allegations of child sexual abuse by serial pedophiles and a sophisticated coverup that implicated high ranking clergy members. In the aftermath of the article, thousands of men and women from across the United States came forward with their own allegations, which revealed patterns of abuse and deception in dioceses around the country. The wave of litigation that followed raised compelling questions about statutes of limitations, discovery rules, and the long term effects of childhood sexual abuse.

Twenty years after the Globe’s article, the Supreme Court of Georgia decided …

Trial Practice And Procedure, John O'Shea Sullivan, Leesa M. Guarnotta, Grace B. Callanan

Mercer Law Review

The 2022 Survey period yielded decisions involving issues of first impression relating to federal trial practice and procedure in the United States Court of Appeals for the Eleventh Circuit. This Article analyzes recent trial practice developments in the Eleventh Circuit, including significant rulings in the areas of consumer debt collections, arbitration, copyrights, Federal Rule of Civil Procedure 54, and a rule change regarding party disclosures.

Experiments In Legal Hybridity: From Indian Tort Law To Tribal Tort Law, Noah T. Allaire

Tribal Law Journal

Tort law is a broad set of rules designed to compensate people who have suffered injuries and harm by imposing penalties on those who caused the resulting injuries and harm. Indian tort law is the limited set of rules that the United States imposed upon tribal nations over a century ago. Today, tribal courts have the important opportunity and responsibility to articulate tribal tort law. Tribal legislatures, in turn, can codify tribal tort rules to guide future judicial decisionmaking. Through this process, tribal tort law will gradually supplant Indian tort law. Articulating tribal tort law necessarily involves conducting experiments in …