The Preliminary Injunction Standard In Diversity: A Typical Unguided Erie Choice,
2016
University of Georgia School of Law
The Preliminary Injunction Standard In Diversity: A Typical Unguided Erie Choice, David E. Shipley
Scholarly Works
The standard for granting preliminary injunctions in some states is not the same as the preliminary injunction standard that is followed in the federal district courts in the federal circuit where the state is located. For example, the interlocutory injunction standard in Georgia’s superior courts is not as demanding as the preliminary injunction standard in Georgia’s federal courts. Although state and federal courts in Georgia consider four similar factors in deciding whether to grant or deny provisional injunctive relief, a balancing or sliding scale approach can be used in Georgia’s courts; the moving party need not prove all four of …
To Waive Or Not To Waive? Filing Deadlines And
Hearing Requests In Administrative Adjudications,
2016
Pepperdine University
To Waive Or Not To Waive? Filing Deadlines And Hearing Requests In Administrative Adjudications, Alice Booher Johnson
Journal of the National Association of Administrative Law Judiciary
In Part II of this Article, I provide an overview of subject matter jurisdiction in relation to filing timeframes. I review the distinction between original and appellate jurisdiction using Maryland case law and a sample survey of other state case law to provide background to the question of filing deadlines and hearing requests in administrative adjudications. In Part III of this Article, I elaborate upon Supreme Court precedent on administrative filing deadlines. In Part IV of this Article, I analyze the nature of filing deadlines for hearing requests before various state agencies, with an emphasis on Maryland’s scheme. The case …
Hague Convention On The Law Applicable To Products Liability,
2016
University of Georgia School of Law
Hague Convention On The Law Applicable To Products Liability, Bryant Durham
Georgia Journal of International & Comparative Law
No abstract provided.
Disclosure And The Incurious Attorneys,
2016
St. John's University School of Law
Disclosure And The Incurious Attorneys, William F. Cahill, B.A., Ll.B., J.C.D.
The Catholic Lawyer
No abstract provided.
"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process,
2016
University of Arkansas Little Rock
"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process, Angela Upchurch
University of Arkansas at Little Rock Law Review
No abstract provided.
The Cost Of Rules, The Rule Of Costs,
2016
Southern District of New York
The Cost Of Rules, The Rule Of Costs, Victor Marrero
Cardozo Law Review
No abstract provided.
Clapper Dethroned: Imminent Injury And Standing For Data Breach Lawsuits In Light Of Ashley Madison,
2016
Washington and Lee University School of Law
Clapper Dethroned: Imminent Injury And Standing For Data Breach Lawsuits In Light Of Ashley Madison, Arthur R. Vorbrodt
Washington and Lee Law Review Online
No abstract provided.
Pleading Actual Malice In Defamation Actions After Twiqbal: A Circuit Survey,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Pleading Actual Malice In Defamation Actions After Twiqbal: A Circuit Survey, Judy M. Cornett
Nevada Law Journal
No abstract provided.
Disclosure And The Incurious Attorneys,
2016
St. John's University School of Law
Badger V. Eighth Jud. Dist. Ct.,
2016
Nevada Law Journal
Badger V. Eighth Jud. Dist. Ct., F. Shane Jackson
Nevada Supreme Court Summaries
The Court considered a petition for a writ of mandamus challenging a district court order denying a motion for summary judgment and a motion to dismiss. Petitioner Darrin D. Badger (“Petitioner”) sought summary judgment in a breach of guaranty action against him and dismissal of a complaint of a deficiency judgment against him in connection with a foreclosure. After the court denied Petitioner’s motions, he filed the instant petition. The Court granted the petition, holding that a party may not use the relation back provision of NRCP 15(c) to circumvent the requirement in NRS 40.455(1) that an application for a …
Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud,
2016
Catholic University of America (Student)
Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan
Catholic University Journal of Law and Technology
No abstract provided.
When Loss Of Legal Custody Is Like An Indeterminate Prison Sentence: Ohio's Elimination Of Indigent Parents' Right To Court Appointed Counsel In Civil Custody Suits,
2016
University of Cincinnati College of Law
When Loss Of Legal Custody Is Like An Indeterminate Prison Sentence: Ohio's Elimination Of Indigent Parents' Right To Court Appointed Counsel In Civil Custody Suits, Renee Brunett
University of Cincinnati Law Review
No abstract provided.
The Anti-Plaintiff Pending Amendments To The Federal Rules Of Civil Procedure And The Pro-Defendant Composition Of The Federal Rulemaking Committees,
2016
St. Thomas University School of Law
The Anti-Plaintiff Pending Amendments To The Federal Rules Of Civil Procedure And The Pro-Defendant Composition Of The Federal Rulemaking Committees, Patricia W. Moore
University of Cincinnati Law Review
No abstract provided.
Protecting Public Employee Trial Testimony,
2016
IIT Chicago-Kent College of Law
Protecting Public Employee Trial Testimony, Joseph Deloney
Chicago-Kent Law Review
In a number of jurisdictions around the United States, police officers and other public employees that regularly testify as part of their ordinary job duties can be placed in compromising positions. Because these types of employees regularly testify as part of their ordinary job duties, such testimony is considered “employee speech” and therefore unprotected by the First Amendment. Consequently, governmental employers can take adverse employment actions against an employee based on his or her truthful trial testimony without violating the employee’s First Amendment rights. Drawing from the Supreme Court’s 2014 decision in Lane v. Franks and other circuit court cases, …
Newsroom: New York Times: Teitz On Touro Synagogue 5-16-2016,
2016
Roger Williams University
Newsroom: New York Times: Teitz On Touro Synagogue 5-16-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable,
2016
University of Georgia School of Law
Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable, Shelley Himel
Georgia Journal of International & Comparative Law
No abstract provided.
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?,
2016
University of Ife Nigeria
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
Georgia Journal of International & Comparative Law
No abstract provided.
Judicial Recusation In The Federal Republic Of Germany,
2016
University of Georgia School of Law
Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
Collateral Damage: When Should The Determinations Of Administrative Adjudications Have Collateral Estoppel Effect In Subsequent Adjudications?,
2016
Fordham University School of Law
Collateral Damage: When Should The Determinations Of Administrative Adjudications Have Collateral Estoppel Effect In Subsequent Adjudications?, Matthew Faust
Fordham Law Review
Collateral estoppel is an equitable doctrine under which a court gives issue-preclusive effect to findings of fact or law made in previous proceedings. The U.S. Supreme Court has recently held that under certain circumstances, the determinations of administrative adjudications have collateral estoppel effect in federal court. The Court, however, did not address under which circumstances the determinations of administrative adjudications should have collateral estoppel effect in subsequent administrative adjudications. There has been little clear and consistent reasoning in lower federal courts about when collateral estoppel should apply in administrative adjudications, and administrative agencies vary widely in their application of collateral …
Race And The Jury: How The Law Is Keeping Minorities Off The Jury,
2016
Washington University in St. Louis
Race And The Jury: How The Law Is Keeping Minorities Off The Jury, Stephanie Adamakos
Washington University Undergraduate Law Review
The modern jury focuses on three main ideas: impartiality, as laid out in the Sixth Amendment, jury of one’s peers, stemming from the Magna Carta, and a jury that represents a fair cross-section of the community. The cross-section idea has been developed by case law, but originates from the Sixth Amendment, under the belief that jury selection that does not systematically discriminate against members of the community and has a jury pool represents a cross-section of the community is likely to be impartial. Jurors are likely to draw upon their own experiences when deliberating, so having a variety of experiences …
