All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy),
2014
Florida International University College of Law
All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy), Manuel A. Gómez
Georgia Journal of International & Comparative Law
No abstract provided.
Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court,
2014
University of Georgia School of Law
Restrictions On Humanitarian Aid In Darfur: The Role Of The International Criminal Court, Mominah Usmani
Georgia Journal of International & Comparative Law
No abstract provided.
The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service,
2014
International Monetary Fund
The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson
Georgia Journal of International & Comparative Law
No abstract provided.
The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students,
2014
University of Georgia School of Law
The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green
Georgia Journal of International & Comparative Law
No abstract provided.
Losers Always Whine About Their Test: American Nuclear Testing, International Law, And The International Court Of Justice,
2014
University of Georgia School of Law
Losers Always Whine About Their Test: American Nuclear Testing, International Law, And The International Court Of Justice, Ryan C. Burke
Georgia Journal of International & Comparative Law
No abstract provided.
Qualified Immunity And Statutory Interpretation,
2014
Seattle University School of Law
Qualified Immunity And Statutory Interpretation, Ilan Wurman
Seattle University Law Review
Before the 1989 case of Graham v. Connor, excessive force cases were pursued under either state law or the insuperable “shocks the conscience” test of the Fourteenth Amendment. Only after Graham did excessive force cases—now under the Fourth Amendment and 42 U.S.C. § 1983—inundate the federal courts, which had by then granted far-reaching immunities to officers for their constitutional torts. As a result of federal qualified immunity doctrine, which many states have adopted for themselves, excessive force cases rarely get to trial, plaintiffs often cannot recover, and courts struggle to find principled distinctions from one qualified immunity case to the …
Inevitable Imbalance: Why Ftc V. Actavis Was Inadequate To Solve The Reverse Payment Settlement Problem And Proposing A New Amendment To The Hatch-Waxman Act,
2014
Seattle University School of Law
Inevitable Imbalance: Why Ftc V. Actavis Was Inadequate To Solve The Reverse Payment Settlement Problem And Proposing A New Amendment To The Hatch-Waxman Act, Rachel A. Lewis
Seattle University Law Review
The law regarding reverse payment settlements is anything but settled. Reverse payment settlements are settlements that occur during a patent infringement litigation in which a pharmaceutical patent holder pays a generic drug producer to not infringe on the pharmaceutical patent. Despite the recent decision by the United States Supreme Court in FTC v. Actavis, Inc., there are still unanswered questions about how the “full rule of reason” analysis will be applied to reverse payment. This Comment argues that despite the outcome in Actavis, the complex regulatory framework of the Hatch–Waxman Act will create repeated conflicts between antitrust law and patent …
Sue And Settle: Demonizing The Environmental Citizen Suit,
2014
Seattle University School of Law
Sue And Settle: Demonizing The Environmental Citizen Suit, Stephen M. Johnson
Seattle University Law Review
In the spring of 2013, industry groups and states began a concerted lobbying effort to oppose citizen enforcement of the federal environmental laws. The United States Chamber of Commerce and lobbyists for states created a catch-phrase—“sue and settle”—to demonize citizen enforcement and the federal government’s practice of settling lawsuits it is destined to lose in court. The Chamber alleged that the federal government, by settling lawsuits brought by citizens groups rather than defending them in court, was colluding with those non-governmental organizations and excluding other affected parties to reallocate the agencies’ priorities and obligations. Federal environmental laws establish a central …
Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto,
2014
University of Georgia School of Law
Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein
Georgia Journal of International & Comparative Law
No abstract provided.
Due Process Rights Before Eu Agencies: The Rights Of Defense,
2014
University of Georgia School of Law
Due Process Rights Before Eu Agencies: The Rights Of Defense, David E. Shipley
Georgia Journal of International & Comparative Law
No abstract provided.
Better For Business, Better For Justice: Why West Virginia Needs An Intermediate Appellate Court,
2014
West Virginia University School of Law
Better For Business, Better For Justice: Why West Virginia Needs An Intermediate Appellate Court, Stephanie Zwerner
West Virginia Law Review
No abstract provided.
A Solution To Michigan's Child Shackling Problem,
2014
University of Michigan Law School
A Solution To Michigan's Child Shackling Problem, Gabe Newland
Michigan Law Review First Impressions
Detained children routinely appear before Michigan's juvenile courts shackled with handcuffs, leg irons, and belly chains. Once security officers bring a child to court in these shackles, the child usually remains in them for her hearing or trial. In Michigan, as in many other states, no statute or court rule requires the judge to decide whether shackles are necessary. This Essay argues that Michigan should pass legislation or amend state court rules to create a presumption against shackling children. Unless a child poses a substantial risk of flight or physical danger and less restrictive alternatives to shackling will not adequately …
On Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit, Brief Of Law Professors As Amici Curiae In Support Of Respondent, Gregory P. Warger, V. Randy D. Shauers,
2014
South Texas College of Law
On Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit, Brief Of Law Professors As Amici Curiae In Support Of Respondent, Gregory P. Warger, V. Randy D. Shauers, Susan Crump, Bennett Gershman, Victor Gold, Paul F. Rothstein, Ben Trachtenberg
U.S. Supreme Court Briefs
Petitioner asks this Court to interpret Fed. R. Evid. 606(b) as permitting statements made by jurors during deliberations to be admitted to support a motion for a new trial. The practical consequences of petitioner’s rule would be significant and problematic, not only fundamentally altering the purpose and practice of voir dire, but also providing a new, fact driven, basis for post-trial motions. These expanded proceedings would place substantial additional burdens of courts, lawyers and jurors alike. In light of existing mechanisms to ensure juror honesty and impartiality, petitioner’s rule would disrupt a well-functioning system for little to no benefit.
Shame, Angry Judges, And The Social Media Effect,
2014
The Catholic University of America, Columbus School of Law
Shame, Angry Judges, And The Social Media Effect, Maxine D. Goodman
Catholic University Law Review
No abstract provided.
Trial And Settlement: A Study Of
High-Low Agreements,
2014
University of Michigan Law School
Trial And Settlement: A Study Of High-Low Agreements, J. J. Prescott, Kathryn E. Spier, Albert Yoon
Articles
This article presents the first systematic theoretical and empirical study of highlow agreements in civil litigation. A high-low agreement is a private contract that, if signed by litigants before trial, constrains any plaintiff’s recovery to a specified range. In our theoretical model, trial is both costly and risky. When litigants have divergent subjective beliefs and are mutually optimistic about their trial prospects, cases may fail to settle. In these cases, high-low agreements can be in litigants’ mutual interest because they limit the risk of outlier awards while still allowing mutually beneficial speculation. Using claims data from a national insurance company, …
Putting The Microscope On Crime Labs: The Effects Of Evidence Complexity And Laboratory Type On Jurors' Perceptions Of Forensic Evidence,
2014
University of Nevada, Las Vegas
Putting The Microscope On Crime Labs: The Effects Of Evidence Complexity And Laboratory Type On Jurors' Perceptions Of Forensic Evidence, Miliaikeala S.J. Heen
UNLV Theses, Dissertations, Professional Papers, and Capstones
An experiment was conducted to test the effects of evidence complexity and laboratory type on jurors' perceptions of forensic evidence. The study specifically focused on three types of labs: public labs, private labs, and "corporate labs." Public labs are managed by a federal, state, or local law enforcement agency, where evidence is usually analyzed internally at an agency. Private labs are those that have been formed as private businesses to provide services to federal, state, and local crime labs with overflow work. Corporate labs are managed by major retail corporations, and primarily service the needs of their store businesses, but …
Reducing Court-Related Stress Through Court Education: Examining Child Witnesses, Attorneys And Parents,
2014
University of Nevada, Las Vegas
Reducing Court-Related Stress Through Court Education: Examining Child Witnesses, Attorneys And Parents, Brittnie Turquoise Watkins
UNLV Theses, Dissertations, Professional Papers, and Capstones
Court education presents a useful approach to addressing children's stress, anxiety or fear related to testifying. The current study uses a pretest-posttest design to evaluate whether Kids' Court School (KCS), a court education program in Clark County, Nevada, reduces court-related stress in child witnesses. In addition, attorneys' and parents' concerns related to various elements of the child's impending testimony, are evaluated. The measure used to assess stress was the Court-Related Stress Scale (CRSS), a 10-item Likert scale adapted from the Stressfulness of Life Scale. In addition, open-ended questions were posed at the time of posttest. The CRSS was administered to …
Mediated Postnuptial Agreements And Ancillary Matters: Surindar Singh S/O Jaswant Singh V Sita Jaswant Kaur [2014] Sgca 37,
2014
Singapore Management University
Mediated Postnuptial Agreements And Ancillary Matters: Surindar Singh S/O Jaswant Singh V Sita Jaswant Kaur [2014] Sgca 37, Siyuan Chen
Research Collection Yong Pung How School Of Law
When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Whereas the High Court in this case declined to follow all of the terms in the agreement on the ground that some of them were not just and equitable, the Court of Appeal held that …
Allison Orr Larsen On Intensely Empirical Amicus Briefs And Amicus Opportunism At The Supreme Court,
2014
William & Mary Law School
Allison Orr Larsen On Intensely Empirical Amicus Briefs And Amicus Opportunism At The Supreme Court, Allison Orr Larsen
Popular Media
No abstract provided.
Appellees’ Reply Brief,
2014
Seattle University School of Law
Appellees’ Reply Brief, Attorneys For Defendants
Fred T. Korematsu Center for Law and Equality
Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al
