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6,646 full-text articles. Page 93 of 156.

Examining Universal Jurisdiction, Sondra Anton 2016 Washington University in St Louis

Examining Universal Jurisdiction, Sondra Anton

Washington University Undergraduate Law Review

This article considers the heightened debate over the role of universal jurisdiction within international law, and concludes it should not be judged based on the appropriateness or foundation set by remote precedents. Given the clear disregard for physical integrity rights repeatedly demonstrated by even the most “democratic” of modern governments, it is more pressing than ever to develop universal jurisdiction and ensure the norm’s institutionalization in practice.


Adversary Breakdown And Judicial Role Confusion In “Small Case” Civil Justice, Jessica K. Steinberg 2016 Brigham Young University Law School

Adversary Breakdown And Judicial Role Confusion In “Small Case” Civil Justice, Jessica K. Steinberg

BYU Law Review

This Article calls attention to the breakdown of adversary procedure in a largely unexplored area of the civil justice system: the ordinary, twoparty case. The twenty-first century judge confronts an entirely new state of affairs in presiding over the average civil matter. In place of the adversarial party contest, engineered and staged by attorneys, judges now face the rise of an unrepresented majority unable to propel claims, facts, and evidence into the courtroom. The adversary ideal favors a passive judge, but the unrealistic demands of such a paradigm in today’s “small case” civil justice system have sparked role confusion among …


Extrinsic Evidence In Patent Claim Interpretation: Understanding The Post-Markman Confusion, Karl Koster 2016 University of Georgia School of Law

Extrinsic Evidence In Patent Claim Interpretation: Understanding The Post-Markman Confusion, Karl Koster

Journal of Intellectual Property Law

No abstract provided.


The Problem Cases, 2016 St. John's University School of Law

The Problem Cases

The Catholic Lawyer

No abstract provided.


Statute Of Limitations, 2016 St. John's University School of Law

Statute Of Limitations

The Catholic Lawyer

No abstract provided.


Making Sense Of Sovereignty: A Historical Understanding Of Personal Jurisdiction From Pennoyer To Nicastro, Kyle Voils 2016 Northwestern Pritzker School of Law

Making Sense Of Sovereignty: A Historical Understanding Of Personal Jurisdiction From Pennoyer To Nicastro, Kyle Voils

Northwestern University Law Review

How can we make sense of sovereignty’s role in Supreme Court personal jurisdiction doctrine? The Supreme Court has once again raised this question with its plurality decision in J. McIntyre Machinery, Ltd. v. Nicastro, which endorsed a personal jurisdiction doctrine based on sovereign authority of forum states. Scholarly reaction to Nicastro has largely been negative, as scholars argue both that, descriptively, sovereignty considerations have long not played a role in personal jurisdiction, and that, normatively, such considerations ought not play a role in personal jurisdiction. This Note concerns only the former contention, that sovereignty’s role in personal jurisdiction largely …


Mcclendon V. Collins, 132 Nev. Adv. Op. 28 (April 21, 2016), Colton Loretz 2016 Nevada Law Journal

Mcclendon V. Collins, 132 Nev. Adv. Op. 28 (April 21, 2016), Colton Loretz

Nevada Supreme Court Summaries

The issue here is whether a witness originally designated as a testifying expert who is then later de-designated may be deposed or called to testify at trial by an opposing party. The Court held that after an expert report has been disclosed, a testifying expert witness cannot regain the confidentiality protections of NRCP 26(b)(4)(B) by being de-designated as a non-testifying expert. The Court reasoned that after an expert witness loses protection under the statute that it is at the discretion of the district court as to whether the expert may be deposed or called to testify at trial by an …


Jackson V. Groenendyke, 132 Nev., Adv. Op. 409 (April 7, 2016), Kory Koerperich 2016 Nevada Law Journal

Jackson V. Groenendyke, 132 Nev., Adv. Op. 409 (April 7, 2016), Kory Koerperich

Nevada Supreme Court Summaries

The court determined that (1) a district court may consider supplements to a party’s timely filed exceptions to a water rights determination; and (2) the district court’s determination of water rights was supported by substantial evidence.


Hunter V. Gang, 132 Nev. Adv. Op. 22 (April 7, 2016), Brandonn Grossman 2016 Nevada Law Journal

Hunter V. Gang, 132 Nev. Adv. Op. 22 (April 7, 2016), Brandonn Grossman

Nevada Supreme Court Summaries

The Nevada Court of Appeals considered a consolidated appeal from a final district court order dismissing appellant’s complaint with prejudice for a want of prosecution and a post judgment order awarding attorney fees and costs. The Court of Appeals determined the district court abused its discretion in dismissing the action without prejudice, reversed the district court’s dismissal, vacated its award of fees and costs, and remanded.


The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-McLaughlin 2016 Touro University Jacob D. Fuchsberg Law Center

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams 2016 Touro University Jacob D. Fuchsberg Law Center

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Fred Brewington 2016 Touro University Jacob D. Fuchsberg Law Center

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.


Criminal Prosecution And Section 1983, Barry C. Scheck 2016 Touro University Jacob D. Fuchsberg Law Center

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky 2016 Touro University Jacob D. Fuchsberg Law Center

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Qualified Immunity When Facts Are In Dispute, Leon Friedman 2016 Touro University Jacob D. Fuchsberg Law Center

Qualified Immunity When Facts Are In Dispute, Leon Friedman

Touro Law Review

No abstract provided.


Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles 2016 Touro University Jacob D. Fuchsberg Law Center

Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles

Touro Law Review

No abstract provided.


Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass 2016 Touro University Jacob D. Fuchsberg Law Center

Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass

Touro Law Review

No abstract provided.


Having A Say: Democracy, Access To Justice And Self-Represented Litigants, Jennifer Ann Leitch 2016 Osgoode Hall Law School of York University

Having A Say: Democracy, Access To Justice And Self-Represented Litigants, Jennifer Ann Leitch

PhD Dissertations

Access to Justice is one of the most contested issues on the law-and-society agenda. There is a long-standing exchange over its meaning, objectives, and success. Beneath that engagement, there is a deeper and more basic debate about the overall ambitions for access to justice: is the goal to improve peoples access to the legal process and generate more positive outcomes (the practical thesis), or to enhance peoples participation and ultimately their ability to affect justice as an end in itself (the democratic thesis)? This thesis adopts the latter approach.

The plight of self-represented litigants (SRLs) offers a revealing glimpse into …


Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter 2016 University of Arkansas Little Rock

Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter

The Journal of Appellate Practice and Process

No abstract provided.


Lay Witness Opinion Testimony On Mental State And Depression: A Call For Reform, Adam Santeusanio 2016 University of Arkansas Little Rock

Lay Witness Opinion Testimony On Mental State And Depression: A Call For Reform, Adam Santeusanio

University of Arkansas at Little Rock Law Review

No abstract provided.


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