A Sour Battle In Lago Agrio And Beyond: The Metamorphosis Of Transnational Litigation And The Protection Of Collective Rights In Ecuador,
2015
Florida International University College of Law
A Sour Battle In Lago Agrio And Beyond: The Metamorphosis Of Transnational Litigation And The Protection Of Collective Rights In Ecuador, Manuel A. Gomez
Faculty Publications
This article intends to explore the interplay between different dispute processing mechanisms and fora in the realm of transnational litigation, through the lens of the Chevron-Ecuador legal saga. My goal is to discuss the transformation of a transnational complex case and the challenges faced by the parties, their procedural strategies, and the perceived advantages of the different mechanisms. In this regard, I will also address the development of mechanisms for the protection of diffuse rights involving the environment; the role of the courts in supervising compliance with judicial remedies, their engagement in activities that go beyond their traditional role as …
Statistically Speaking: Questioning The Child Witness: What Is The Best Way To Get Information From Victims Of Sexual Abuse,
2015
Loyola University Chicago, School of Law
Statistically Speaking: Questioning The Child Witness: What Is The Best Way To Get Information From Victims Of Sexual Abuse, Lauren Rygg
Children's Legal Rights Journal
No abstract provided.
Disaggregated Classes,
2015
Barry University
Summing It Up With Panache: Framing A Brief's Summary Of The Argument, 48 J. Marshall L. Rev. 991 (2015),
2015
UIC School of Law
Summing It Up With Panache: Framing A Brief's Summary Of The Argument, 48 J. Marshall L. Rev. 991 (2015), Judith Fischer
UIC Law Review
Experts have called an appellate brief’s summary of the argument section “the most important part of a brief,” its “structural centerpiece,” and “your first serious opportunity to argue the merits of your appeal.” Two theories, framing theory and priming theory, help explain why the summary is so important. Framing theorists define a frame as a mental structure that provides a lens through which a recipient will “locate, perceive, identify, and label” an experience. The way a point is framed affects what readers focus on when forming their opinions. A similar concept, priming theory, holds that exposing a reader to chosen …
Cocktails On Campus: Are Libations A Liability?,
2015
Barry University
Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin
Faculty Scholarship
No abstract provided.
Patent Punting: How Fda And Antitrust Courts Undermine The Hatch-Waxman Act To Avoid Dealing With Patents,
2015
University of Michigan Law School
Patent Punting: How Fda And Antitrust Courts Undermine The Hatch-Waxman Act To Avoid Dealing With Patents, Rebecca S. Eisenberg, Daniel A. Crane
Michigan Telecommunications & Technology Law Review
Under the Hatch-Waxman Act, patent law and FDA regulation work together to determine the timing of generic entry in the market for drugs. But FDA has sought to avoid any responsibility for reading patents, insisting that its role in administering the patent provisions of the Hatch-Waxman Act is purely ministerial. This gap in regulatory oversight has allowed innovators to use irrelevant patents to defer generic competition. Meanwhile, patent litigation has set the stage for anticompetitive settlements rather than adjudication of the patent issues in the courts. As these settlements have provoked antitrust litigation, antitrust courts have proven no more willing …
Certiorari And The Marriage Equality Cases,
2015
University of Richmond
Certiorari And The Marriage Equality Cases, Carl W. Tobias
Law Faculty Publications
Marriage equality has come to much of the nation. Over 2014, many district court rulings invalidated state proscriptions on same- sex marriage, while four appeals courts upheld these decisions. However, the Sixth Circuit reversed district judgments which struck down bans in Kentucky, Michigan, Ohio, and Tennessee. Because that appellate opinion created a patchwork of differing legal regimes across the country, this Paper urges the Supreme Court to clarify marriage equality by reviewing that determination this Term.
Surviving Preemption In A World Of Comprehensive Regulations,
2015
University of Michigan Law School
Surviving Preemption In A World Of Comprehensive Regulations, Kyle Anne Piasecki
University of Michigan Journal of Law Reform Caveat
The Clean Air Act imposes a federal regulatory regime on a number of sources of air pollution. It does not, however, provide a ready means of relief to individuals harmed by air polluters. Nevertheless, many courts have held that the Clean Air Act preempts state common law tort claims that do provide a means to such relief. The disparate benefits of the Clean Air Act and common law tort claims may indicate different purposes and make court imposed preemption of common law tort claims improper. This Comment argues that the Savings Clause in the Clean Air Act and in parallel …
Managing Personal Device Use In The Workplace: How To Avoid Data Security Issues And The Dig Yourself Out Of Your Failed Byod Policy,
2015
Suffolk University Law School
Managing Personal Device Use In The Workplace: How To Avoid Data Security Issues And The Dig Yourself Out Of Your Failed Byod Policy, Andrew Freedman
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Three Hundred Nos: An Empirical Analysis Of The First 300+ Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews Prior To In Re Cuozzo Speed Technologies, Llc, 14 J. Marshall Rev. Intell. Prop. L. 112 (2015), Jarrad Wood, Jonathan Stroud
UIC Review of Intellectual Property Law
Tasked in 2011 with creating powerful new patent review trial regimes, the U.S. Patent and Trademark Office—through the efforts of their freshly empowered quasi-judicial body, the Patent Trial and Appeal Board—set to creating a fast-paced trial with limited discovery and concentrated efficiency. For two years, the proceedings have proved potent, holding unpatentable many of the claims that reached decisions on the merits. Yet a small subsection of petitions never make it past the starting gate, resulting in wasted time and effort on the parts of petitioners—and likely sighs of relief from the rights-holders. The AIA exempted institution decisions from appellate …
Solving The Puzzle Of Transnational Class Actions,
2015
Cornell University Law School
Solving The Puzzle Of Transnational Class Actions, Kevin M. Clermont
Indiana Law Journal
How should a U.S. class action treat proposed foreign class members in a circumstance where any resulting judgment will likely not bind those absentees abroad? The Author responds to Zachary Clopton’s analysis of this puzzle, and introduces a counterproposal.
Crowdfunded Justice: On The Potencial Benefits And Challenges Of Crowdfunding As A Litigation Financing Tool,
2015
Florida International University College of Law
Crowdfunded Justice: On The Potencial Benefits And Challenges Of Crowdfunding As A Litigation Financing Tool, Manuel A. Gomez
Faculty Publications
No abstract provided.
The Role Of The Profit Imperative In Risk Management,
2015
Penn State Law
The Role Of The Profit Imperative In Risk Management, Christopher French
Faculty Scholarship
Risks in the world abound. Every day there is a chance that each of us could be in a car accident. Or, one of us could be the victim of a tornado, flood or earthquake. Every day someone becomes deathly ill from an insidious disease. Our properties are in constant peril—one’s house could catch fire at any time or a tree could fall on it during a storm. Any one of these events could have devastating financial consequences, and they are just a few of the many risks that impact our daily lives. One of the principal ways we manage …
The Child Quasi-Witness,
2015
University of Michigan Law School
The Child Quasi-Witness, Richard D. Friedman, Stephen J. Ceci
Articles
This Essay provides a solution to the conundrum of statements made by very young children and offered against an accused in a criminal prosecution. Currently prevailing doctrine allows one of three basic outcomes. First, in some cases the child testifies at trial. But this is not always feasible, and when it is, cross-examination is a poor method for determining the truth. Second, evidence of the child's statement may be excluded, which denies the adjudicative process of potentially valuable information. Third, the evidence may be admitted without the child testifying at trial, which leaves the accused with no practical ability to …
Economic Conundrums In Search Of A Solution: The Functions Of Third-Party Litigation Finance,
2015
Emory University School of Law
Economic Conundrums In Search Of A Solution: The Functions Of Third-Party Litigation Finance, Joanna M. Shepherd, Judd E. Stone Ii
Faculty Articles
Despite a rapid increase in economic significance and substantial increase in international use, third-party litigation financing remains poorly understood. No academic consensus takes account of the multiple economic conundrums that third-party litigation financing arises to solve, nor do legal scholars adequately consider obvious public and private substitutes for litigation financing that society rightfully recognizes as innocuous or outright beneficial. In this Article, we explore the economic challenges driving both business plaintiffs and sophisticated law firms to seek external litigation financing. We examine closely the key elements of the litigation financing arrangement itself, focusing on eligible cases and clients, devices financiers …
When The Lawyer Screws Up: A Portrait Of Legal Malpractice Claims And Their Resolution,
2015
Duke Law School
When The Lawyer Screws Up: A Portrait Of Legal Malpractice Claims And Their Resolution, Herbert M. Kritzer, Neil Vidmar
Faculty Scholarship
No abstract provided.
Disarming Employees: How American Employers Are Using Mandatory Arbitration To Deprive Workers Of Legal Protection,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Disarming Employees: How American Employers Are Using Mandatory Arbitration To Deprive Workers Of Legal Protection, Jean R. Sternlight
Scholarly Works
Employers’ imposition of mandatory arbitration constricts employees’ access to justice. The twenty percent of the American workforce covered by mandatory arbitration clauses file just 2,000 arbitration claims annually, a minuscule number even compared to the small number of employees who litigate claims individually or as part of a class action. Exploring how mandatory arbitration prevents employees from enforcing their rights the Article shows employees covered by mandatory arbitration clauses (1) win far less frequently and far less money than employees who litigate; (2) have a harder time obtaining legal representation; (3) are often precluded from participating in class, collective or …
All Together Now: Using Principles Of Group Dynamics To Train Better Jurors,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
All Together Now: Using Principles Of Group Dynamics To Train Better Jurors, Sara Gordon
Scholarly Works
We ask juries to make important decisions that have a profound impact on people’s lives. We leave these decisions in the hands of groups of laypeople because we hope that the diverse range of experiences and knowledge in the group will lead to more thoughtful and informed decisionmaking. Studies suggest that diverse groups of jurors have different perspectives on evidence, engage in more thorough debate, and more closely evaluate facts. At the same time, there are a variety of problems associated with group decisionmaking, from the loss of individual motivation in group settings, to the vulnerability of groups to various …
Deselecting Biased Juries,
2015
Dale E. Fowler School of Law, Chapman University
Deselecting Biased Juries, Scott W. Howe
Utah Law Review
Critics of peremptory-challenge systems commonly contend that they inevitably inflict “inequality harm” on many excused persons and should be abolished. Ironically, the Supreme Court fueled this argument with its decision in Batson v. Kentucky by raising and endorsing the inequality claim sua sponte and then purporting to solve it with an approach that preserved peremptories. This Article shows, however, that the central problem is something other than inequality harm to excused persons. The central problem is the harm to disadvantaged litigants when their opponents use peremptories to secure a one-sided jury. This problem can arise often—whenever a venire is slanted …
Ending The Higher Education Sucker Sale: Toward An Expanded Theory Of Tort Liability For Recruitment Deception,
2015
Saint Louis University School of Law
Ending The Higher Education Sucker Sale: Toward An Expanded Theory Of Tort Liability For Recruitment Deception, Aaron N. Taylor
Utah Law Review
Admissions officers live a dual, often conflicted, existence. In one sense, they are counselors responsible for advising prospective students. In another sense, they are salespeople with obligations to meet enrollment goals. The pressures fostered by these roles sometimes prompt unscrupulous individuals to use misrepresentations and other forms of deception to induce students to enroll. Unfortunately, students who are induced to enroll based on recruitment deception are afforded few options for redress. The purpose of this Article is to conceptualize a tort-based solution to this utter inequity. The Article proposes a broadening of negligent misrepresentation to encompass a new tort—negligent educational …
