Examining Universal Jurisdiction,
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,
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,
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
Statute Of Limitations,
2016
St. John's University School of Law
Making Sense Of Sovereignty: A Historical Understanding Of Personal Jurisdiction From Pennoyer To Nicastro,
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),
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),
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),
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,
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,
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,
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,
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,
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,
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,
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?,
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,
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,
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,
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.
