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6,896 full-text articles. Page 124 of 176.

Testamentary Capacity Litigation In Virginia, F. Philip Manns Jr. 2015 University of Richmond

Testamentary Capacity Litigation In Virginia, F. Philip Manns Jr.

Richmond Public Interest Law Review

In Rust v. Reid, a 1918 case involving testamentary capacity, the Supreme Court of Virginia wrote the "cases upon this subject are almost without number, and they are not to be reconciled," but Rust referred to "all of the decisions of this court on the subject of competency of jurors," which also had been at issue in the case. However, in its decision in Rust, the Court easily could have leveled the same self-criticism about its cases deciding (1) which party bears the burden of proof in testamentary capacity litigation; (2) whether a presumption of testamentary capacity exists; and (3) …


Market Intermediation, Publicness, And Securities Class Actions, Hillary A. Sale, Robert B. Thompson 2015 Washington University School of Law, St. Louis

Market Intermediation, Publicness, And Securities Class Actions, Hillary A. Sale, Robert B. Thompson

Georgetown Law Faculty Publications and Other Works

Securities class actions play a crucial, if contested, role in the policing of securities fraud and the protection of securities markets. The theoretical understanding of these private enforcement claims needs to evolve to encompass the broader set of goals that underlie the securities regulatory impulse and the publicness of those goals. Further, a clear grasp of the modern securities class action also requires an updated understanding of how the role of market intermediation in securities transactions has reshaped the realities of securities litigation in public companies and the evolution of the fraud cause of action in the context of open-market …


Is General Negligence The New Exception To The Florida Impact Rule?, Stephan Krejci 2015 Florida A&M University College of Law

Is General Negligence The New Exception To The Florida Impact Rule?, Stephan Krejci

Florida A & M University Law Review

The impact rule is an ancient torts doctrine that precludes recovery for emotional distress unless the victim has been physically impacted by the tortfeasor and the emotional distress grew out of that physical impact. American courts widely adopted the impact rule and it persists in a handful of states to this day. Courts give several reasons for denying these negligent infliction of emotional distress (NIED) claims and these reasons fall into three broad categories: judicial efficiency, evidence concerns, and foreseeability. This paper proposes that Florida abrogate the impact rule and switch to using a general negligence approach for NIED claims. …


Administering Section 2 Of The Voting Rights Act After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer 2015 University of California, Davis

Administering Section 2 Of The Voting Rights Act After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer

Publications

Until the Supreme Court put an end to it in Shelby County v. Holder, section 5 of the Voting Rights Act was widely regarded as an effective, low-cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, section 2, is generally seen as expensive, cumbersome, and almost wholly ineffective at blocking changes before they take effect. This Article argues that the courts, in partnership with the Department of Justice, could reform section 2 so that it fills much of the gap left by the Supreme Court's evisceration of section …


Corporate Law - Clash Of The Concepts: When Fiduciary Duties Overcome Shareholder Agreement In Closely Held Corporations - Selmark Assocs., Inc. V. Ehrlich, 5 N.E.3d 923 (Mass. 2014), Miniard Culepepper Jr. 2015 Suffolk University Law School

Corporate Law - Clash Of The Concepts: When Fiduciary Duties Overcome Shareholder Agreement In Closely Held Corporations - Selmark Assocs., Inc. V. Ehrlich, 5 N.E.3d 923 (Mass. 2014), Miniard Culepepper Jr.

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Constitutional Law - Police Interrogation Techniques And When To Determine How Much Is Too Much - United States V. Jacques, 744 F.3d 804 (1st Cir. 2014), Anjali M. Chhatre 2015 Suffolk University Law School

Constitutional Law - Police Interrogation Techniques And When To Determine How Much Is Too Much - United States V. Jacques, 744 F.3d 804 (1st Cir. 2014), Anjali M. Chhatre

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Riders On The Storm: An Analysis Of Credit Card Fraud Cases, Ioana Vasiu, Lucian Vasiu 2015 Suffolk University Law School

Riders On The Storm: An Analysis Of Credit Card Fraud Cases, Ioana Vasiu, Lucian Vasiu

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Dead Money: A Posthumously Conceived Child's Inheritance Rights Under The Social Security Act & State Intestacy Law, Heather LaCount 2015 Suffolk University Law School

Dead Money: A Posthumously Conceived Child's Inheritance Rights Under The Social Security Act & State Intestacy Law, Heather Lacount

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Note - Not Everything That Glitters Is Gold, Misclassification Of Employees: The Blurred Line Between Independent Contractors And Employees Under The Major Classification Tests, Julien M. Mundele 2015 Suffolk University Law School

Note - Not Everything That Glitters Is Gold, Misclassification Of Employees: The Blurred Line Between Independent Contractors And Employees Under The Major Classification Tests, Julien M. Mundele

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Crimes Involving Moral Turpitude: Determining Authority Towards A Strictly Categorical Approach And Demonstrating Potential Plea Bargain Implications, Julia Myers 2015 Suffolk University Law School

Crimes Involving Moral Turpitude: Determining Authority Towards A Strictly Categorical Approach And Demonstrating Potential Plea Bargain Implications, Julia Myers

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Criminal Law - When Upskirting Was Not Illegal: A Court Ordered Legislative Fix - Commonwealth V. Robertson, 5 N.E.3d 522 (Mass. 2014), Joana L. Stathi 2015 Suffolk University Law School

Criminal Law - When Upskirting Was Not Illegal: A Court Ordered Legislative Fix - Commonwealth V. Robertson, 5 N.E.3d 522 (Mass. 2014), Joana L. Stathi

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Constitutional Law - Opening The Doggy Door For Animal Rights And Other Issues Under The Emergency Aid Exception - Commonwealth V. Duncan, 7 N.E.3d 469 (Mass. 2014), Kassandra C. Tat 2015 Suffolk University Law School

Constitutional Law - Opening The Doggy Door For Animal Rights And Other Issues Under The Emergency Aid Exception - Commonwealth V. Duncan, 7 N.E.3d 469 (Mass. 2014), Kassandra C. Tat

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Lose The Battle, Win The War: The Use, Dangers, And Problems Surrounding Rules 806 And 608(B), And How They Can Be Fixed, Gregory J. Gianoni 2015 Suffolk University Law School

Lose The Battle, Win The War: The Use, Dangers, And Problems Surrounding Rules 806 And 608(B), And How They Can Be Fixed, Gregory J. Gianoni

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


A Patriotic Playground: Reexamining The Constitutionality Of The Daily Recitation Of The Pledge Of Allegiance In Public Schools, Carlie S. Seigal 2015 Suffolk University Law School

A Patriotic Playground: Reexamining The Constitutionality Of The Daily Recitation Of The Pledge Of Allegiance In Public Schools, Carlie S. Seigal

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Quintessential Political Problem: Current Conditions Justifying Current Burdens And The Modern Shift In Election Law Scrutiny, Joseph P. McCarthy 2015 Suffolk University Law School

The Quintessential Political Problem: Current Conditions Justifying Current Burdens And The Modern Shift In Election Law Scrutiny, Joseph P. Mccarthy

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


A New Era In Juvenile Justice: Expanding The Scope Of Juvenile Protections Through Neuropsychology, Scott Lenahan 2015 Suffolk University Law School

A New Era In Juvenile Justice: Expanding The Scope Of Juvenile Protections Through Neuropsychology, Scott Lenahan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


A Digital Albatross': Navigating The Legal Framework Of Domestic Police Drone Technology Versus Privacy Rights In Massachusetts And Beyond, Gregory J. Galizio 2015 Suffolk University Law School

A Digital Albatross': Navigating The Legal Framework Of Domestic Police Drone Technology Versus Privacy Rights In Massachusetts And Beyond, Gregory J. Galizio

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Bankruptcy- Is It Over Even Though No One Is Singing: Determining Finality In Bankruptcy Appeals- Bullard V. Hyde Park Sav. Bank (In Re Bullard), 752 F.3d 483 (1st Cir. 2014), Corey W. Silva 2015 Suffolk University Law School

Bankruptcy- Is It Over Even Though No One Is Singing: Determining Finality In Bankruptcy Appeals- Bullard V. Hyde Park Sav. Bank (In Re Bullard), 752 F.3d 483 (1st Cir. 2014), Corey W. Silva

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Constitutional Law-First Circuit Court Of Appeals Upholds A Citizen's Right To Film A Police Officer During A Traffic Stop Absent A Reasonable Restriction-Gericke V. Begin, 753 F.3d 1 (1st Cir. 2014), John J. Ryan 2015 Suffolk University Law School

Constitutional Law-First Circuit Court Of Appeals Upholds A Citizen's Right To Film A Police Officer During A Traffic Stop Absent A Reasonable Restriction-Gericke V. Begin, 753 F.3d 1 (1st Cir. 2014), John J. Ryan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Testamentary Capacity Litigation In Virginia, F. Philip Manns Jr. 2015 University of Richmond

Testamentary Capacity Litigation In Virginia, F. Philip Manns Jr.

Richmond Journal of Law and the Public Interest

In Rust v. Reid, a 1918 case involving testamentary capacity, the Supreme Court of Virginia wrote the "cases upon this subject are almost without number, and they are not to be reconciled," but Rust referred to "all of the decisions of this court on the subject of competency of jurors," which also had been at issue in the case. However, in its decision in Rust, the Court easily could have leveled the same self-criticism about its cases deciding (1) which party bears the burden of proof in testamentary capacity litigation; (2) whether a presumption of testamentary capacity exists; and (3) …


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