Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal,
2010
Brooklyn Law School
Plaintiff Neutrality Principle: Pleading Complex Litigation In The Era Of Twombly And Iqbal, Robin Effron
Faculty Scholarship
No abstract provided.
Aggregation, Community, And The Line Between,
2010
University of Georgia School of Law
Aggregation, Community, And The Line Between, Elizabeth Chamblee Burch
Scholarly Works
As class-action theorists, we sometimes focus so heavily on the class certification threshold that we neglect to reassess the line itself. The current line asks whether procedurally aggregated individuals form a sufficiently cohesive group before the decision to sue. Given this symposium’s topic - the state of aggregate litigation and the boundaries of class actions in the decade after Amchem Products, Inc. v. Windsor and Ortiz v. Fibreboard Corp. - the time is ripe to challenge our assumptions about this line in non-class aggregation. Accordingly, this Article examines group cohesion and asks whether the current line is the only dividing …
The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct,
2010
Liberty University
The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen
Faculty Publications and Presentations
The Bible plainly states that everyone must either "bring every thought into captivity to the obedience of Christ" or continue as "enemies in your mind." Un-Biblical thinking, like un-Bibical actions, leads one on a path away from God. Part II of this Article will briefly introduce a Biblical approach to thinking about contemporary issues and discuss how Christians can unwittingly abandon distinctively Biblical thinking under the guise of neutrality. Part III will present a number of cases that highlight the fallacy of neutrality in the battle between religious liberties and rights based on homosexual conduct. Part IV will contend that …
Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1,
2010
University of Arkansas Little Rock
Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland
The Journal of Appellate Practice and Process
No abstract provided.
Water Law In The Western United States,
2010
University of New Mexico
Water Law In The Western United States, Susan Kelly
Publications
No abstract provided.
Particularizing Patent Pleading: Pleading Patent Infringement In A Post-Twombly World,
2010
University of Richmond
Particularizing Patent Pleading: Pleading Patent Infringement In A Post-Twombly World, Jonathan L. Moore
Law Student Publications
The Supreme Court's recent jurisprudence has reinvigorated the role of pleading in civil litigation. As a result, in order to survive a motion to dismiss, plaintiffs must now include more detailed allegations that demonstrate a plausible entitlement to relief. This article examines how these changes interact with the pleading requirements for patent infringement litigation. In recent years, the number of patent infringement lawsuits has increased dramatically, in part because of lax notice pleading requirements. This patent litigation explosion imposes exorbitant costs on defendants and has a detrimental effect on innovation. As courts begin to apply the new plausibility pleading regime, …
The Role Of The Exhaustion And Ripeness Doctrines In Reasonable Accomodation Denial Suits Under The Fair Housing Amendments Act,
2010
Brigham Young University Law School
The Role Of The Exhaustion And Ripeness Doctrines In Reasonable Accomodation Denial Suits Under The Fair Housing Amendments Act, Matt Hall
Brigham Young University Journal of Public Law
No abstract provided.
The E-Flow Challenge In An Acequia Irrigation System With Storage - Environmental Flow Workshop,
2010
New Mexico Acequia Association
The E-Flow Challenge In An Acequia Irrigation System With Storage - Environmental Flow Workshop, Harold Trujillo
Publications
No abstract provided.
Geomorphic Condition And Shallow Aquifers,
2010
Center for Ecological Sciences
Geomorphic Condition And Shallow Aquifers, Shann Stringer
Publications
No abstract provided.
Riparian Area And Upper Watershed Condition,
2010
University of New Mexico
Riparian Area And Upper Watershed Condition, Mary Steuver
Publications
No abstract provided.
Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico,
2010
City of Santa Fe Water Division
Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert
Publications
No abstract provided.
Status Of New Mexico's Rivers - Existing Data Panel,
2010
New Mexico Department of Game & Fish
Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan
Publications
No abstract provided.
Colorado's Instream Flow Program: History And Current Activities,
2010
University of New Mexico
Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board
Publications
No abstract provided.
Environmental Flow Issues & Science,
2010
Wyoming Game and Fish Department
Environmental Flows In Elephant Butte Irrigation District,
2010
Elephant Butte Irrigation District
Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger
Publications
No abstract provided.
Environmental Flows Allocation Process In Texas,
2010
Texas Parks and Wildlife Department
Environmental Flows Allocation Process In Texas, Kevin Mayes
Publications
No abstract provided.
Why Adr Programs Aren’T More Appealing: An Empirical Perspective,
2010
Cornell Law School
Why Adr Programs Aren’T More Appealing: An Empirical Perspective, Michael Heise
Cornell Law Faculty Publications
Standard law and economic theory suggests that litigating parties seeking to maximize welfare will participate in alternative dispute resolution (ADR) programs if they generate a surplus. ADR programs claim to generate social surplus partly through promoting settlements and reducing case disposition time. Although most associate ADR programs with trial courts, a relatively recent trend involves appellate court use of ADR programs. The emergence of court-annexed ADR programs raises a question. Specifically, if ADR programs achieve their goals of promoting settlements and reducing disposition time, why do some courts find it necessary to impose ADR participation? Attention to ADR’s ability to …
Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed,
2010
New Mexico State University
Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd
Publications
No abstract provided.
Personal Jurisdiction Over Non-Resident Class Members: Have We Gone Down The Wrong Road?,
2010
University at Buffalo School of Law
Personal Jurisdiction Over Non-Resident Class Members: Have We Gone Down The Wrong Road?, Tanya J. Monestier
Journal Articles
No abstract provided.
Ineffective Assistance Of Counsel In Plea Bargain
Negotiations ,
2010
Brigham Young University Law School
Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson
BYU Law Review
No abstract provided.
