The Rank-Order Method For Appellate Subset Selection,
2017
Anderson & Ochs, LLP
The Rank-Order Method For Appellate Subset Selection, Michael J. Hasday
Notre Dame Law Review Reflection
This Essay proceeds as follows: Part I discusses the “fatal flaws” of random assignment and direct selection: outlier panels and judicial gaming, respectively. Part II introduces the rank-order method and explains how this method is superior to either random assignment or direct selection. Part III provides detailed examples of how the rank-order method works in practice. Part IV concludes.
Reviving Reliance,
2017
Tulane Law School
Reviving Reliance, Ann M. Lipton
Fordham Law Review
This Article explores the misalignment between the disclosure requirements of the federal securities laws and the private causes of action available to investors to enforce those requirements. Historically, federally mandated disclosures were designed to allow investors to set an appropriate price for publicly traded securities. Today’s disclosures, however, also enable stockholders to participate in corporate governance and act as a check on managerial misbehavior. To enforce these requirements, investors’ chief option is a claim under the general antifraud statute, section 10(b) of the Securities Exchange Act of 1934. But courts are deeply suspicious of investors’ attempts to use the Act …
Restoring Bankruptcy’S Fresh Start,
2017
Fordham University School of Law
Restoring Bankruptcy’S Fresh Start, Jonathan S. Hermann
Fordham Law Review
The discharge injunction, which allows former debtors to be free from any efforts to collect former debt, is a primary feature of bankruptcy law in the United States. When creditors have systemically violated debtors’ discharge injunctions, some debtors have attempted to challenge those creditors through a class action lawsuit in bankruptcy court. However, the pervasiveness of class-waiving arbitration clauses likely prevents those debtors from disputing discharge injunction violations outside of binding, individual arbitration. This Note first discusses areas of disagreement regarding how former debtors may enforce their discharge injunctions. Then, it examines the types of disputes that allow debtors to …
Affirming Firm Sanctions: The Authority To Sanction Law Firms Under 28 U.S.C. § 1927,
2017
Fordham University School of Law
Affirming Firm Sanctions: The Authority To Sanction Law Firms Under 28 U.S.C. § 1927, Vincent J. Margiotta
Fordham Law Review
A circuit split exists as to whether 28 U.S.C. § 1927 allows for an award of sanctions against nonattorneys or nonrepresentatives. Five federal courts of appeals—the Second, Third, Eighth, Eleventh, and the District of Columbia Circuits—hold that, to further the purpose of 28 U.S.C. § 1927, courts have the authority to sanction a law firm for the conduct of its attorneys, in addition to the authority to sanction individual officers of the court. The Sixth, Seventh, and Ninth Circuits disagree, concluding that the statute allows federal courts to sanction only individuals—“attorney[s] or other person[s] admitted to conduct cases in any …
Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed,
2017
Penn State Dickinson Law
Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed
Dickinson Law Review (2017-Present)
No abstract provided.
Our Courts, Ourselves: How The Alternative Dispute Resolution Movement Is Re-Shaping Our Legal System,
2017
Penn State Dickinson Law
Our Courts, Ourselves: How The Alternative Dispute Resolution Movement Is Re-Shaping Our Legal System, Deborah R. Hensler
Dickinson Law Review (2017-Present)
Twenty-seven years ago, Professor Frank Sander urged American lawyers and judges to re-imagine the civil courts as a collection of dispute resolution procedures tailored to fit the variety of disputes that parties bring to the justice system. Professor Sander’s vision of the justice system encompassed traditional litigation leading to trial, but his speech at the 1976 Roscoe Pound Conference drew attention to alternatives to traditional dispute resolution that he argued would better serve disputants and society than traditional adversarial processes.
Today, interest in dispute resolution is high. This interest cuts across many domains, ranging from the family, to the schoolyard, …
Pleading, For The Future: Conversations After Iqbal,
2017
Penn State Dickinson Law
Pleading, For The Future: Conversations After Iqbal, Lee H. Rosenthal
Dickinson Law Review (2017-Present)
No abstract provided.
The On-Sale Bar After Pfaff,
2017
University of Oklahoma College of Law
The On-Sale Bar After Pfaff, William E. Hickman, Michelle Saquet Temple
Oklahoma Journal of Law and Technology
No abstract provided.
Attorney-Client Privilege In Patent Litigation: In Re Spalding Sports Worldwide,
2017
University of Oklahoma College of Law
Attorney-Client Privilege In Patent Litigation: In Re Spalding Sports Worldwide, Matt Rodgers
Oklahoma Journal of Law and Technology
No abstract provided.
Open Source: The Enewsletter Of Rwu Law 09-22-2017,
2017
Roger Williams University
Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Current Litigation,
2017
St. John's University School of Law
Esea Title I Litigation - Update,
2017
St. John's University School of Law
Esea Title I Litigation - Update, Charles H. Wilson, Esq., Williams & Connolly, Washington, D.C.
The Catholic Lawyer
No abstract provided.
Adapting To The Changing World Of Biotechnology: Syngenta Ag Mir162 Corn Litigation As Regulation By Litigation,
2017
Texas A&M University School of Law
Adapting To The Changing World Of Biotechnology: Syngenta Ag Mir162 Corn Litigation As Regulation By Litigation, Paul Goeringer
Texas A&M Law Review
Agriculture has relied on plant breeding to improve genetics since the first domestication of agricultural plants 10,000 years ago. More recently, Gregor Mendel and his hybridization experiments on peas led to what we know as modern genetics. The rise in recombinantDNA technology has opened up many possibilities in plant breeding, including Roundup Ready technology and crop varieties designed to resist a number of pests. At the same time, governments and the private sector have sought to institute regulations for handling the releases of new biotechnology to ensure the technologies will have limited environmental impacts and provide safe foods to the …
Mass Torts—Maturation Of Law And Practice,
2017
Pace University
Mass Torts—Maturation Of Law And Practice, Paul D. Rheingold
Pace Law Review
Mass tort litigation has been with us for about fifty years. This is dating the start from the MER/29 litigation in 1964. This field of law and practice has grown year after year, and it shows no sign of abating. At the same time, it can be said that this area of law and procedure has reached a mature stage; the practice is fairly standardized and earlier experiments have either become the model or have been abandoned.
The term “mass tort litigation” (MTL), as used in this article, confines itself to product liability personal injury cases involving similar injuries from …
Repeat Players In Multidistrict Litigation: The Social Network,
2017
University of Georgia Law School
Repeat Players In Multidistrict Litigation: The Social Network, Elizabeth Chamblee Burch, Margaret S. Williams
Cornell Law Review
As class certification wanes, plaintiffs’ lawyers resolve hundreds of thousands of individual lawsuits through aggregate settlements in multidistrict litigation. But without class actions, formal rules are scarce and judges rarely scrutinize the private agreements that result. Meanwhile, the same principal- agent concerns that plagued class-action attorneys linger. These circumstances are ripe for exploitation: few rules, little oversight, multi-million dollar common-benefit fees, and a push for settlement can tempt a cadre of repeat players to fill in the gaps in ways that further their own self-interest. Although multidistrict litigation now comprises 36% of the pending federal civil caseload, legal scholars have …
Judge Kozinski Objects,
2017
University of Michigan Law School
Judge Kozinski Objects, Beth H. Wilensky
Articles
Sitting judges don’t get to practice law. So although they often opine on the dos and don’ts of effective advocacy, we rarely get to see them put their advice into practice. But a few years ago, a class-action lawsuit provided the rare opportunity to witness a federal judge acting as an advocate before another federal judge—if not in the role of attorney, then certainly in as close to that role as we are likely to see. Given the chance to employ his own advice about effective advocacy, would the judge—Alex Kozinski—practice what he preaches? Would his years of experience on …
The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases,
2017
American University Washington College of Law
The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar
Sustainable Development Law & Policy
No abstract provided.
Water, Water, Nowhere: Adapting Water Rights For A Changing Climate,
2017
American University Washington College of Law
Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall
Sustainable Development Law & Policy
No abstract provided.
Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies,
2017
American University Washington College of Law
Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson
Sustainable Development Law & Policy
No abstract provided.
Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts,
2017
American University Washington College of Law
Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson
Sustainable Development Law & Policy
No abstract provided.
