United States Supreme Court Survey: 2019 Term: Hernandez V. Mesa: A Catalyst For Change?,
2021
Roger Williams University School of Law
United States Supreme Court Survey: 2019 Term: Hernandez V. Mesa: A Catalyst For Change?, Diana Hassel
Roger Williams University Law Review
No abstract provided.
In Re 38 Studios Grand Jury, 225 A.3d 224 (R.I. 2020),
2021
Candidate for Juris Doctor, Roger Williams University School of Law
In Re 38 Studios Grand Jury, 225 A.3d 224 (R.I. 2020), Jonathan M. Goyette
Roger Williams University Law Review
No abstract provided.
Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions,
2021
Penn State Dickinson Law
Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner
Dickinson Law Review (2017-Present)
Procedural election laws regulate the conduct of state elections and provide for greater transparency and fairness in statewide ballots. These laws ensure that the public votes separately on incongruous bills and protects the electorate from uncertainties contained in omnibus packages. As demonstrated by a slew of recent court cases, however, interest groups that are opposed to the objective of a ballot question are utilizing these election laws with greater frequency either to prevent a state electorate from voting on an initiative or to overturn a ballot question that was already decided in the initiative’s favor. This practice is subverting the …
Montgomery V. Airbus Helicopters, Inc.: Oklahoma’S Ostensible Destruction Of Stream-Of-Commerce Personal Jurisdiction,
2021
University of Oklahoma College of Law
Montgomery V. Airbus Helicopters, Inc.: Oklahoma’S Ostensible Destruction Of Stream-Of-Commerce Personal Jurisdiction, Morgan E. Vastag
Oklahoma Law Review
No abstract provided.
Who, What, Where, And When? Why Courts Should At Least Consider The Third Circuit’S Heightened Ascertainability Requirement As A Prerequisite To Class Certification,
2021
Florida International University College of Law
Who, What, Where, And When? Why Courts Should At Least Consider The Third Circuit’S Heightened Ascertainability Requirement As A Prerequisite To Class Certification, Christian Osorno Cortes
FIU Law Review
No abstract provided.
What Happens In State Court Stays In State Court Comity And The Relitigation Exception To The Anti-Injunction Act,
2021
Jones Day
What Happens In State Court Stays In State Court Comity And The Relitigation Exception To The Anti-Injunction Act, Juan Antonio Solis, Rory Ryan
FIU Law Review
No abstract provided.
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism,
2021
Touro Law Center
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron
Touro Law Review
No abstract provided.
An Evaluation And Performance Measure Framework For Online Dispute Resolution Programs: Assessing Improvements In Access To Justice,
2021
National Center for State Courts
An Evaluation And Performance Measure Framework For Online Dispute Resolution Programs: Assessing Improvements In Access To Justice, Andrea L. Miller, Paula Hannaford-Agor, Kathryn Genthon
Faculty Publications
One type of programming designed to improve access to justice for civil litigants is online dispute resolution (ODR). ODR generally consists of an internet-based software platform on which litigants can resolve legal problems, including negotiating settlements or exchanging information to narrow the factual and legal issues in a formal court hearing. ODR programs were first developed by online commercial businesses such as PayPal, eBay, and Amazon to resolve disputes more effectively between buyers and sellers, but they are still a relatively new innovation in courts, with most programs launching within the past three years.
ODR programs are intended to increase …
The Privacy-Protection Hook In The Federal Rules,
2021
University of Oklahoma Norman Campus
The Privacy-Protection Hook In The Federal Rules, Steven Gensler, Lee Rosenthal
Other Faculty Publications
No abstract provided.
A Biden Executive Branch And Its Supporters May Find The Federal Courts An Obstacle,
2021
University of Alabama - School of Law
A Biden Executive Branch And Its Supporters May Find The Federal Courts An Obstacle, Heather Elliott
Articles
No abstract provided.
Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure,
2021
University of Colorado Law School
Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure, Suzette M. Malveaux
Publications
No abstract provided.
Why Do The Poor Not Have A Constitutional Right To File Civil Claims In Court Under Their First Amendment Right To Petition The Government For A Redress Of Grievances?,
2021
Seattle University School of Law
Why Do The Poor Not Have A Constitutional Right To File Civil Claims In Court Under Their First Amendment Right To Petition The Government For A Redress Of Grievances?, Henry Rose
Seattle University Law Review
Since 1963, the United States Supreme Court has recognized a constitutional right for American groups, organizations, and persons to pursue civil litigation under the First Amendment right to petition the government for redress of grievances. However, in three cases involving poor plaintiffs decided by the Supreme Court in the early 1970s—Boddie v. Connecticut,2 United States v. Kras,3 and Ortwein v. Schwab4—the Supreme Court rejected arguments that all persons have a constitutional right to access courts to pursue their civil legal claims.5 In the latter two cases, Kras and Ortwein, the Supreme Court concluded that poor persons were properly barred from …
Property Owners Look Out: The Train Is Coming,
2021
Seattle University School of Law
Property Owners Look Out: The Train Is Coming, Natalie Crane
Seattle University Law Review
Over 4 million people currently live in the Puget Sound area in Washington state, and about 6 million people are expected to reside in the area by 2050. Additionally, Seattle renters faced a 71.2% increase in rent prices from 2010 to 2019. This data supports the need for much of the congested Seattle population to move outward and commute into the city for work. The implementation of a 116-mile system and other efforts to increase public transportation makes this need achievable and affordable.
This Comment focuses on the issue of just compensation in eminent domain; specifically, unique questions of compensation …
Willner V. South County Hospital, 222 A.3d 1251 (R.I. 2020),
2021
Candidate for Juris Doctor, Roger Williams University School of Law
Willner V. South County Hospital, 222 A.3d 1251 (R.I. 2020), Samantha Christina Ferrucci
Roger Williams University Law Review
No abstract provided.
Reimagining Civil Case Management,
2021
National Center for State Courts
Reimagining Civil Case Management, Paula Hannaford-Agor
Faculty Publications
Court rules are necessary, but insufficient by themselves to address problems of cost and delay. Instead, state courts today are embracing a considerably broader view of civil case management, one that encompasses the total constellation of court rules, business practices, culture and governance, and staffing and technology infrastructure. Effective case management now recognizes the importance of five core components that are necessary to achieve timely, cost-effective, and procedurally fair justice: (1) triage to ensure that cases receive attention proportional to their needs; (2) process simplification to remove procedural barriers that unnecessarily complicate litigation; (3) stakeholder engagement to ensure clear communication …
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism,
2021
Touro Law Center
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron
Scholarly Works
No abstract provided.
Toward A More Democratic America,
2020
Seattle University School of Law
Toward A More Democratic America, Thomas Kleven
Seattle Journal for Social Justice
No abstract provided.
The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court,
2020
Hamad bin Khalifa University, College of Law
The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas
Pace International Law Review
The proliferation of international commercial courts aims to boost income from legal services and serve as a catalyst for newly found rules of law and thus attract investor confidence. The latter is the underlying purpose for the creation of the Astana International Financial Centre (AIFC) and its Court. The Court’s legal framework is set out in the tradition of its competitors in the Gulf and similarly employs an impressive lineup of former senior judges from the United Kingdom. It is a unique experiment because it strives to create a balance between maintaining a judicial institution of the highest caliber while …
Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process,
2020
Brooklyn Law School
Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process, Jane Brennan
Journal of Law and Policy
For a brief moment during the recent September democratic presidential debate, the ugly underbelly of the child welfare system unexpectedly took center stage. When asked about what responsibility Americans need to take to repair the legacy of slavery, the former vice president responded by propagating a myth that Black parents do not know how to parent. Former Vice President Joe Biden said “[w]e bring social workers into homes and parents to help them deal with how to raise their children. It’s not that they don’t want to help. They don’t—they don’t know quite what to do.” What exactly is it …
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers,
2020
Brooklyn Law School
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte
Journal of Law and Policy
Imagine you are a spouse and caregiver of a severely injured post-9/11 veteran. Your spouse served in the Marine Corps, with several deployments to Iraq. During their last deployment, your spouse sustained a severe traumatic brain injury and suffers from post-traumatic stress disorder. Due to these injuries, they need consistent care throughout the day. Thankfully, upon their return, the VA provided a caregiver program that allowed you to step away from your job and focus on caring for your spouse full time. As part of this program, you received a caregiver stipend of $2,400 per month, healthcare, and support from …
