Courts Commons^™

The Quiet Revival Of The Effective Vindication Of Rights Doctrine, Myriam Gilles

Fordham Law Review

The U.S. Supreme Court’s 2013 decision in American Express v. Italian Colors Restaurantwas widely seen as the death knell for the “effective vindication of rights” doctrine—a judicially created rule that arbitration agreements are enforceable only “so long as the prospective litigant effectively may vindicate its statutory cause of action in the arbitral forum.” By upholding a class action–banning arbitration provision that rendered arbitration economically irrational, Italian Colors appeared to extinguish any meaningful limits on the enforcement of arbitration agreements.

But reports of the doctrine’s demise were premature. This Article uncovers how, in the decade since Italian Colors, lower …

Foreign Judgments In U.S. Courts, Yanbai Andrea Wang

Fordham Law Review

American law on foreign judgments is at an inflection point. For over a century, the doctrine has been shaped by concerns about outgoing U.S. judgments seeking asset collection in the civil law countries of continental Europe. But shifting trade flows and changing litigation tactics have carved a new landscape, demanding a return to foreign judgments law’s conceptual and doctrinal underpinnings. This Article first maps the new landscape, in which China is rapidly rising as a foremost foreign judgments interlocutor. Meanwhile, litigants are increasingly pursuing parallel litigation in multiple countries. The impact of incoming judgments and the interactions between related litigations …

Reorganizing The Administrative State: Executive Ambition And Legislative Constraint, Jordan Graber

Fordham Law Review

Beginning in the 1930s, Congress enacted a series of statutes granting presidents the authority to initiate reorganizations of the administrative state. Under these reorganization statutes, the president determined any necessary changes in agency organization and submitted a reorganization proposal to Congress, which could approve or reject the plan. Over the next fifty years, the president and Congress worked cooperatively to promote the effective and efficient functioning of the administrative state.

Despite the successful reorganization initiatives undertaken pursuant to these statutes, Congress has not conferred reorganization authority on any president in the last four decades. As a result, the organization of …

Adaptability From Tv & Film Into Theatre | The Subversion Inspiration In Celia’S Identity Versatility Throughout William Shakespeare’S As You Like It, Emani White

LSU New Orleans Theses and Dissertations

This thesis explores the inspiration of adaptability skills, pivoting from television and film into theatre, and the potential of unconventional pathways as a catalyst for reconciling anti-traditionalism within the mediums. It offers insight into the obstacles, segues, and adversities faced during the journey of a former athlete turned television and film actor, and into a theatre actor. It illuminates agency as a subversive identity (the disguise), the sacrifice of status, and the need for an emotional anchor of resilience—acknowledging the systemic transitional barriers in performance, career, and education. The paper also discusses the understandings gained from my journey as an …

Reckitt-Benckiser And Buprenorphine: Opioid Addiction Treatment, Drug Monopolies, And Consumer Implications, Peri G. Heyen

Theses/Capstones/Creative Projects

The opioid crisis in the United States is a deadly epidemic that demands fair and accessible treatment for those affected. The introduction of buprenorphine for opioid addiction disorder in 2002 allowed for the first treatment of the disorder beyond the time intensive and stigmatized practices of methadone clinics, which proved to be revolutionary. Reckitt-Benckiser (“Reckitt”) and former subsidiary Indivior were able to gain a legal monopoly of buprenorphine through their orphan drug exclusivity designation on Suboxone tablets that was approved by the FDA. Once orphan drug exclusivity was near expiration and generic competition began to prepare to enter the market, …

A Meta-Analysis On Joinder Effects: Do They All Have The Same Magnitude?, Amelia M. Tisk

Student Theses

The present meta-analysis examined whether different forms of joinder and procedural consolidation produce varying levels of prejudice in adjudicative decision-making. Although joinder procedures improve judicial efficiency, psychological research has suggested that combining charges, defendants, or plaintiffs within a single proceeding may increase conviction likelihood, liability judgments, and broader perceptions of wrongdoing. A random-effects meta-analysis was conducted across 22 independent study effects examining charge joinder, defendant consolidation, plaintiff consolidation, multiple-complainant procedures, and related aggregation paradigms. Effect sizes were converted to Pearson’s r whenever possible. Overall, procedural aggregation produced a moderate effect on adjudicative outcomes, r = .27, 95% CI [.22, .32]. …

Autonomous Contracts And Transformative Justice: Practicing Family Law Without Court Intervention, D Dangaran, Andy Izenson

Cardozo Law Review

Legal scholars have made calls to “abolish family court” or “abolish the family.” Before family court can be abolished, society must reduce its reliance on state interventions to resolve family disputes. This Article applies abolition theory and the praxis of “non-reformist reforms,” derived from Black feminist thought and the prison abolition movement, to family law. It details the context of the current “carceral” interventions that rely on state enforcement and then categorizes alternative family law tools into noncarceral, anticarceral, and transformative practices. Noncarceral approaches, such as private ordering through prenuptial, “no-nuptial,” and separation agreements, and establishing parentage for assisted reproduction …

The Zoom Dock Is Worse Than A Cage: Remote Appearances From Jail Are Unconstitutional In Washington, Michael Mactaggert, Jeremiah Noonan

Seattle Journal for Social Justice

No abstract provided.

Revocation Reconsidered: Probation Advocacy Through A Litigation Lens, Shira M. Diner

Faculty Scholarship

Being found in violation of probation has dire consequences. The person found in violation can be imprisoned, upending them from their job, family, and community. Unlike incarceration after a criminal trial, a sentence after a violation of probation is not the result of a legal process characterized by robust due process protections. It is also often not the result of a forceful and thorough defense. It is instead the consequence of a hearing where lawyers with the fixed mindset of an inevitable finding of a violation don’t engage in the same preparation that they would if it was a trial. …

Putusan Arbitrase Asing Dapat Dibatalkan Di Indonesia, Tineke Teugeh Longdong

Jurnal Hukum & Pembangunan

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Dimensi Hukum Tentang Penanganan Ketertiban Di Dki Jakarta, Mura P. Hutagalung

Jurnal Hukum & Pembangunan

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Pelaksanaan Azas·Azas Pemilu Dalam Undang-Undang Pemilu (Studi Kasus Dki Jakarta Tahun 1987), Abdu! Bari Azed

Jurnal Hukum & Pembangunan

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Menanti Lahirnya Undang-Undang Pinjaman Luar Negeri, Yuli Indrawati

Jurnal Hukum & Pembangunan

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Mereposisi Hubungan Yudikatif Dengan Eksekutif Dan Legislatif Dalam Konteks Amandemen Uud 1945, Abdul Bari Azed

Jurnal Hukum & Pembangunan

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Pembatasan Hak Presiden Untuk Menuangkan Kebijakannya Melalui Pembuatan Keppres, Heri Tjandrasari

Jurnal Hukum & Pembangunan

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Efektivitas Dan Reorientasi Sistem Pendidikan Dalam Menciptakan Aparat Penegak Hukum Yang Terpercaya Dan Profesional, M. Hamdan

Jurnal Hukum & Pembangunan

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Peranan Ketentuan More Valuable Right (Mfr) Pasal Vii (I) Dalam Pelaksanaan Konvensi New York 1958, Tineke Tuegeh Longdong

Jurnal Hukum & Pembangunan

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Masalah-Masalah Kewarganegaraan Dalam Konteks Perubahan Uu Tentang Kewarganegaraan Ri, Abdul Bari Azed

Jurnal Hukum & Pembangunan

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Penerapan Lembaga "Rechtsverwerking” Untuk Mengatasi Kelemahan Sistem Publikasi Negatif Dalam Pendaftaran Tanah, Arie S. Hutagalung

Jurnal Hukum & Pembangunan

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Perbandingan Hukum Dan Pendidikan Hukum, Wahyono Darmabrata

Jurnal Hukum & Pembangunan

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