Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd,
2016
University of Georgia School of Law
Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd, Shaniqua Singleton
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?,
2016
Charles Darwin University School of Law
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman
Georgia Journal of International & Comparative Law
No abstract provided.
New Judicial Review In Old Europe,
2016
Yale University
New Judicial Review In Old Europe, Alyssa S. King
Georgia Journal of International & Comparative Law
No abstract provided.
Down But Not Out! How Law School Clinics Can Help Bridge The Small Claims Court Access To Justice Gap,
2016
Thomas Jefferson School of Law
Down But Not Out! How Law School Clinics Can Help Bridge The Small Claims Court Access To Justice Gap, Rebecca Nieman
Buffalo Public Interest Law Journal
No abstract provided.
Shedding Light On The "Going Dark" Problem And The Encryption Debate,
2016
University of Michigan Law School
Shedding Light On The "Going Dark" Problem And The Encryption Debate, John Mylan Traylor
University of Michigan Journal of Law Reform
In an effort to protect the enormous volume of sensitive and valuable data that travels across the Internet and is stored on personal devices, private companies have created encryption software to secure data from criminals, hackers, and terrorists who wish to steal it. The greatest benefit of encryption also creates the biggest problem: Encryption software has become so secure that often not even the government can bypass it. The “Going Dark” problem—a scenario in which the government has obtained the legal authority to search a suspected criminal’s encrypted device but lacks the technical ability to do so—is becoming increasingly common. …
A Legal Obituary For Ramiro,
2016
Cornell Law School
A Legal Obituary For Ramiro, Sheri Lynn Johnson
University of Michigan Journal of Law Reform
Most death penalty lawyers who practice long enough will watch the execution of a client. It is always, always terrible, but not always terrible in the same way. With each client’s execution, a lawyer is confronted with the death of a human being—not an accidental death, not an inevitable death, but an avoidable one—and with his or her own failure to prevent that death. Some executions also involve a very personal loss for the lawyer because of their relationship with the client. Other executions are horrific because things go awry and impose extreme suffering on the executed individual. No matter …
Between Judicial Oligarchy And Parliamentary Supremacy: Understanding The Court's Dilemma In Constitutional Judicial Review,
2016
Singapore Management University
Between Judicial Oligarchy And Parliamentary Supremacy: Understanding The Court's Dilemma In Constitutional Judicial Review, Seow Hon Tan
Research Collection Yong Pung How School Of Law
This article considers the dilemma that constitutional judicial review presents to the most well-meaning of judges — that of navigating the narrow and difficult road between parliamentary supremacy and judicial oligarchy. It examines the Singapore Court of Appeal’s delineation of legal and extra-legal considerations in view of Ronald Dworkin’s theory of adjudication in determining the constitutionality of section 377A of the Penal Code in Lim Meng Suang v. Attorney General. It proposes an alternative natural law approach to constitutional judicial review based on Radbruch’s formula, which helps courts to avoid the pitfalls of judicial idiosyncrasies and usurpation of legislative mandate …
Texas: Impact Of The Expedited Action Rules On The Texas County Courts At Law,
2016
National Center for State Courts
Texas: Impact Of The Expedited Action Rules On The Texas County Courts At Law, Paula Hannaford-Agor, Scott Graves
Faculty Publications
Amendments to the Texas Rules of Civil Procedure were enacted by the Texas Supreme Court in response to legislative policy initiatives intended to reduce expense and delay of civil litigation while maintaining fairness to litigants. The 2013 amendments provided specific procedural rules for dismissals for baseless actions, and an expedited process and limitation on discovery for cases in which claimants seek monetary relief of $100,000 or less (expedited actions).
The National Center for State Courts (NCSC) undertook this evaluation in cooperation with the Texas Office of Court Administration (OCA) to assess the impact of the expedited Actions Rules. The intent …
United States Courts And Imperialism,
2016
Washington and Lee University School of Law
United States Courts And Imperialism, David H. Moore
Washington and Lee Law Review Online
When U.S. Courts adjudicate transnational matters, they risk two forms of judicial imperialism. The first—unilateral imperialism—involves adjudication by a single state at the expense of multilateral forms of resolution or global governance. The second—sovereigntist imperialism—threatens the sovereignty of other states who might wish to resolve the controversy themselves. The risk of imperialism may lead U.S. courts to hesitate to adjudicate transnational claims. In Foreign Governments as Plaintiffs in U.S. Courts and the Case Against “Judicial Imperialism,” Professor Hannah Buxbaum highlights that in addition to facing involuntary adjudication in U.S. courts, foreign states voluntarily sue in U.S. courts as well. The …
The Torturers: Evaluating The Senate Select Intelligence Committee’S Torture Report And Assessing The Legal Liability Of “Company Y” Under The Alien Tort Statute,
2016
American University, Washington College of Law
The Torturers: Evaluating The Senate Select Intelligence Committee’S Torture Report And Assessing The Legal Liability Of “Company Y” Under The Alien Tort Statute, David J. Satnarine
Pace International Law Review
This analysis seeks to argue that ‘Company Y’ is responsible for its role in the use of inhumane and tortious interrogation techniques during the CIA’s Interrogation and Detention Program under the Alien Tort Statute. Furthermore, this analysis will seek to reconcile case law in light of the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum Co., et. al., and subsequent court decisions opining on the extraterritorial reach of the Alien Tort Statute. Significantly, this analysis will also answer questions left open in the Kiobel decision by arguing that corporate entities, such as Company Y, may be held liable …
Neutralizing The Stratagem Of "Snap Removal": A Proposed Amendment To The Judicial Code,
2016
IIT Chicago-Kent College of Law
Neutralizing The Stratagem Of "Snap Removal": A Proposed Amendment To The Judicial Code, Joan E. Steinman, Arthur Hellman, Lonny Hoffman, Thomas Rowe, Georgene Vairo
All Faculty Scholarship
The “Removal Jurisdiction Clarification Act” is a narrowly tailored legislative proposal designed to resolve a widespread conflict in the federal district courts over the proper interpretation of the statutory “forum-defendant” rule. The forum-defendant rule prohibits removal of a diversity case “if any of the parties in interest properly joined and served as defendants is a citizen of the [forum state].” 28 U.S.C. § 1441(b)(2) (emphasis added). Some courts, following the “plain language” of the statute, hold that defendants can avoid the constraints of the rule by removing diversity cases to federal court when a citizen of the forum state has …
Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit,
2016
University of Miami Law School
Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles
University of Miami Law Review
False Claims Act litigation is more hotly contested than ever before. One such controversial issue plaguing federal courts is the proper application of Federal Rule of Civil Procedure 9(b) to actions arising under the False Claims Act. The explosion of litigation under the FCA caused a circuit split to emerge on the correct standard to use when applying Rule 9(b)’s heightened pleading requirement for more particularity. Specifically, courts are split on the level of specificity required to prove that a false claim was submitted to the government. Some apply a “strict” interpretation and require pleadings to include representative samples of …
Creditor Claims For Postpetition Attorneys' Fees Incurred In Bankruptcy Litigation And The Role Of State Law,
2016
Benjamin N. Cardozo School of Law
Creditor Claims For Postpetition Attorneys' Fees Incurred In Bankruptcy Litigation And The Role Of State Law, Laith Hamdan
Cardozo Law Review
No abstract provided.
Cracking The Code: Implementing Internet Accessibility Through The Americans With Disabilities Act,
2016
Benjamin N. Cardozo School of Law
Cracking The Code: Implementing Internet Accessibility Through The Americans With Disabilities Act, Carly Schiff
Cardozo Law Review
No abstract provided.
The Mann Act And Crossing State Lines: Maybe You Should Have Known,
2016
Benjamin N. Cardozo School of Law
The Mann Act And Crossing State Lines: Maybe You Should Have Known, Alison Gross
Cardozo Law Review
No abstract provided.
Redefining Protected "Opposition" Activity In Employment Retaliation Cases,
2016
Loyola University New Orleans College of Law
Redefining Protected "Opposition" Activity In Employment Retaliation Cases, Craig Robert Senn
Cardozo Law Review
Over the last decade, retaliation claims under our federal employment discrimination laws - such as Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act of 1990 (ADA), and the Age Discrimination in Employment Act of 1967 (ADEA) - have skyrocketed. In that period, these claims have increased in number by over fifty percent and now rank as the single most popular claim filed with the Equal Employment Opportunity Commission (EEOC).
A critical element in these retaliation claims is the presence of "protected activity" by the whistleblowing employee. One type of protected activity is …
Child Marriage In Yemen: A Violation Of International Law,
2016
University of Georgia School of Law
Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner
Georgia Journal of International & Comparative Law
No abstract provided.
Changing The Game: The Effects Of The 2012 Revision Of The Icc Arbitration Rules On The Icc Model Arbitration Clause For Trust Disputes,
2016
University of Georgia School of Law
Changing The Game: The Effects Of The 2012 Revision Of The Icc Arbitration Rules On The Icc Model Arbitration Clause For Trust Disputes, Colin Connor
Georgia Journal of International & Comparative Law
No abstract provided.
Expert Workshop Session: The Global Child,
2016
University of Georgia School of Law
Expert Workshop Session: The Global Child, Haley Chafin, Jena Emory, Meredith Head, Elizabeth Verner
Georgia Journal of International & Comparative Law
No abstract provided.
Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection,
2016
University of Georgia School of Law
Expert Workshop Session: Child Witnesses: Testimony, Evidence, And Witness Protection, Chelsea Swanson, Elizabeth Devos, Chloe Ricke, Andy Shin
Georgia Journal of International & Comparative Law
No abstract provided.
