Wilkes V. Springside Nursing Home, Inc.: A Historical Perspective,
2011
University of Colorado Law School
Wilkes V. Springside Nursing Home, Inc.: A Historical Perspective, Mark J. Loewenstein
Publications
No abstract provided.
Class Actions At The Crossroads: An Answer To Wal-Mart V. Dukes,
2011
University of Colorado Law School
Class Actions At The Crossroads: An Answer To Wal-Mart V. Dukes, Suzette M. Malveaux
Publications
The Supreme Court has recently decided to hear argument in the largest private-employer civil rights case in American history, Dukes v. Wal-Mart Stores, Inc. This historic case involves up to 1.5 million women suing Wal-Mart, one of the largest companies in the world, for alleged gender discrimination in pay and promotions, in violation of Title VII of the Civil Rights Act of 1964. Like many employees who challenge companywide employment discrimination, the plaintiffs in Dukes brought their case as a class action pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure and sought injunctive and declaratory relief, …
Overcoming Babel’S Curse: Adapting The Doctrine Of Foreign Equivalents,
2011
University of Colorado Law School
Overcoming Babel’S Curse: Adapting The Doctrine Of Foreign Equivalents, Jonathan Skinner
Publications
No abstract provided.
Judicial Retirement And Return To Practice,
2011
American University Washington College of Law
Judicial Retirement And Return To Practice, Mary Clark
Scholarly Articles in Law Reviews & Journals
This Article engages recent scholarly debates about U.S. Supreme Court tenure and retirement practices, specifically those concerning the merits of adopting eighteen-year term limits or mandatory retirement for Supreme Court Justices. It broadens the discussion by including all Article III judges and by addressing former Article III judges’ return to practice following resignation or retirement, which has been largely ignored in the literature to date despite what I have found to be the return-to-practice rate of over forty percent in the last two decades.
This Article advocates retaining life tenure because it promotes institutional and individual judicial independence better than …
Precedent,
2011
William & Mary Law School
Do Judicial Elections Facilitate Popular Constitutionalism; Can They?,
2011
William & Mary Law School
Do Judicial Elections Facilitate Popular Constitutionalism; Can They?, Nicole Mansker, Neal Devins
Faculty Publications
No abstract provided.
The Terrible TousaS: Opinions Test The Patience Of Corporate Lending Practices,
2011
Georgia State University College of Law
The Terrible TousaS: Opinions Test The Patience Of Corporate Lending Practices, Jessica D. Gabel
Faculty Publications By Year
Two diametrically opposed decisions pit creditors against debtors. The case of troubled homebuilder TOUSA has generated shockwaves through the lending industry. Set against the backdrop of the housing collapse and risky lending, the bankruptcy court’s decision left secured creditors with a mixture of shock, anger, and worry over the repercussions. In that opinion, the bankruptcy court unwound a nearly $1 billion transaction of liens and loan proceeds, on grounds that the transactions drove the debtor company into the ground. In other words, the court found that a fraudulent transfer had occurred. Not surprisingly, the lenders appealed and the next decision …
Lightened Scrutiny,
2011
Columbia Law School
Lightened Scrutiny, Bert I. Huang
Faculty Scholarship
The current anxiety over judicial vacancies is not new. For decades, judges and scholars have debated the difficulties of having too few judges for too many cases in the federal courts. At risk, it is said, are cherished and important process values. Often left unsaid is a further possibility: that not only process, but also the outcomes of cases, might be at stake. This Article advances the conversation by illustrating how judicial overload might entail sacrifices of first-order importance.
I present here empirical evidence suggesting a causal link between judicial burdens and the outcomes of appeals. Starting in 2002, a …
Israel Oil Refineries Ltd. V. New Hampshire Insurance,
2010
Supreme Court of Israel
Israel Oil Refineries Ltd. V. New Hampshire Insurance, Edna Arbel, Elyakim Rubinstein, Eliezer Rivlin
Translated Opinions
Facts: The Tel Aviv District Court granted a petition for the recognition of a judgment rendered by an English court, which had declared that an insurance policy issued by the respondent (New Hampshire Insurance) to an Israeli company, Oil Refineries Ltd. – the appellant – was void on the grounds that a substantial matter had not been disclosed to the issuer. The respondent brought the action in the English court after its sibling company (AIG Europe, which had underwritten the policy) had been served a third party notice in an Israeli proceeding brought against the appellant. The District Court …
Supreme Court Of The United States, October Term 2010 Preview, Update: December 7, 2010,
2010
Georgetown University Law Center
Supreme Court Of The United States, October Term 2010 Preview, Update: December 7, 2010, Georgetown University Law Center, Supreme Court Institute
Supreme Court Overviews
No abstract provided.
Law Clerks Out Of Context,
2010
Law Clerk to the Hon. Steven J. McAuliffe, Chief Judge, United States District Judge for the District of New Hampshire; Adjunct Professor, University of New Hampshire School of Law
Law Clerks Out Of Context, Parker B. Potter Jr.
The University of New Hampshire Law Review
[Excerpt] “In a previous article, I examined judicial opinions in cases in which law clerks have gone wild, principally by doing things that law clerks just aren‘t supposed to do, such as convening court, conducting independent factual investigations into matters before their judges, or leaking drafts of opinions to the press. Here, I focus on opinions in federal cases that discuss two other categories of unusual law-clerk activity, serving as a source of evidence, and going to court, as a litigant.
The article is informed by my ten years of experience as a trial court law clerk in the state …
Justice Souter And The Civil Rules,
2010
University of California Hastings College of Law
Justice Souter And The Civil Rules, Scott Dodson
Faculty Publications
Justice Souter’s recent retirement from the Court after nearly twenty years presents a unique opportunity to comment on his legacy. No doubt others will eulogize or castigate him for his membership in the Planned Parenthood v. Casey troika, but there is much more to the man and his jurisprudence. Indeed, the danger is that Justice Souter will be pigeonholed into one opinion, an opinion that he wrote early in his Supreme Court career, to the detriment of understanding the complex justice that he was. And what it finds is a justice deeply committed to the fair treatment of the litigants …
Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions,
2010
Singapore Management University
Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions, Yihan Goh
Research Collection Yong Pung How School Of Law
Some statutes in operation today were passed a long time ago. Inevitably, through the passage of time, social norms at the time of enactment may now be unrecognizable. Two recent cases show contrasting approaches towards the interpretation of outdated statutory provisions. The first approach is seen in the Singapore High Court case of WX v.WW. That case concerned the interpretation of section 114 of the Evidence Act, a decidedly ancient statutory provision. The second approach was adopted by the Singapore Court of Appeal in AAG v. Estate of AAH, deceased. In that case, the Court of Appeal had to interpret …
The Supreme Court’S Rationale In Capital Cases: A One Way Street?,
2010
Pace University School of Law
The Supreme Court’S Rationale In Capital Cases: A One Way Street?, Kimberly Bliss
Pace Law Review
No abstract provided.
Issue 1: Table Of Contents,
2010
University of Richmond
Fool Me Once, Shame On Me; Fool Me Again And You're Gonna Pay For It: An Analysis Of Medicare's New Reporting Requirements For Primary Payers And The Stiff Penalties Associated With Noncompliance,
2010
Troutman Sanders, L.L.P., Richmond, Virginia
Fool Me Once, Shame On Me; Fool Me Again And You're Gonna Pay For It: An Analysis Of Medicare's New Reporting Requirements For Primary Payers And The Stiff Penalties Associated With Noncompliance, Brent M. Timberlake, Monica A. Stahly
University of Richmond Law Review
This article discusses the new requirements and the issues that currently face insurers, claimants, and attorneys in cases involving Medicare-eligible beneficiaries.
Replacing Context For Plain Meaning In United States V. Cox
,
2010
Brigham Young University Law School
Replacing Context For Plain Meaning In United States V. Cox
BYU Law Review
No abstract provided.
Politics As Usual? The Political Question Doctrine In Holocaust Restitution Litigation,
2010
Benjamin N. Cardozo School of Law
Politics As Usual? The Political Question Doctrine In Holocaust Restitution Litigation, Sarah Willig
Cardozo Law Review
No abstract provided.
But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony,
2010
Brigham Young University Law School
But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas
BYU Law Review
No abstract provided.
Sex And The Supremes: Towards A Legal Theory Of Sexuality,
2010
Dalhousie University Schulich School of Law
Sex And The Supremes: Towards A Legal Theory Of Sexuality, Elaine Craig
PhD Dissertations
This thesis examines how the Supreme Court of Canada, across legal contexts, has tended to conceptualize sexuality. It focuses primarily on areas of public law including sexual assault law, equality for sexual minorities, sexual harassment and obscenity and indecency laws. There were a number of trends revealed upon reviewing the jurisprudence in this area. First, the Court’s decisions across legal contexts reveal a tendency to conceptualize sexuality as innate, as a pre-social naturally occurring phenomenon and as an essential element of who we are as individuals. This is true whether one is speaking of the approach to gay and lesbian …
