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6,913 full-text articles. Page 171 of 176.

Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland 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.


Particularizing Patent Pleading: Pleading Patent Infringement In A Post-Twombly World, Jonathan L. Moore 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, …


Water Law In The Western United States, Susan Kelly 2010 University of New Mexico

Water Law In The Western United States, Susan Kelly

Publications

No abstract provided.


The Role Of The Exhaustion And Ripeness Doctrines In Reasonable Accomodation Denial Suits Under The Fair Housing Amendments Act, Matt Hall 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, Harold Trujillo 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.


Why Adr Programs Aren’T More Appealing: An Empirical Perspective, Michael Heise 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 …


Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan 2010 New Mexico Department of Game & Fish

Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan

Publications

No abstract provided.


Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert 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.


Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd 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.


Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson 2010 Brigham Young University Law School

Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson

BYU Law Review

No abstract provided.


Failure To Yield: How Wecht Might Ruin The Right To A Fair Trial , Landon Wade Magnusson 2010 Brigham Young University Law School

Failure To Yield: How Wecht Might Ruin The Right To A Fair Trial , Landon Wade Magnusson

BYU Law Review

No abstract provided.


Personal Jurisdiction Over Non-Resident Class Members: Have We Gone Down The Wrong Road?, Tanya J. Monestier 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.


Zoya's Standing Problem, Or, When Should The Constitution Follow The Flag?, Jeffrey Kahn 2010 Southern Methodist University Dedman School of Law

Zoya's Standing Problem, Or, When Should The Constitution Follow The Flag?, Jeffrey Kahn

Michigan Law Review

Some federal courts have devised a new test of prudential standing that they use to dismiss suits filed by foreign plaintiffs alleging unlawful conduct by American officials abroad, even when these cases involve matters that may have nothing to do with foreign affairs, national security, or terrorism. Rather than decide the case on its merits or dismiss it on any number of legitimate grounds, the complaint is dismissed because the plaintiff lacks a "prior substantial connection" to the United States. I identify and critique this strange but proliferating test of standing. First, it is inconsistent with any theoretical view of …


Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board 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, Tom Annear 2010 Wyoming Game and Fish Department

Environmental Flow Issues & Science, Tom Annear

Publications

No abstract provided.


Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger 2010 Elephant Butte Irrigation District

Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger

Publications

No abstract provided.


Environmental Flows Allocation Process In Texas, Kevin Mayes 2010 Texas Parks and Wildlife Department

Environmental Flows Allocation Process In Texas, Kevin Mayes

Publications

No abstract provided.


Riparian Area And Upper Watershed Condition, Mary Steuver 2010 University of New Mexico

Riparian Area And Upper Watershed Condition, Mary Steuver

Publications

No abstract provided.


Geomorphic Condition And Shallow Aquifers, Shann Stringer 2010 Center for Ecological Sciences

Geomorphic Condition And Shallow Aquifers, Shann Stringer

Publications

No abstract provided.


The Need For A National Civil Justice Survey Of Incidence And Claiming Behavior, Theodore Eisenberg 2010 Cornell Law School

The Need For A National Civil Justice Survey Of Incidence And Claiming Behavior, Theodore Eisenberg

Cornell Law Faculty Publications

Civil justice issues play a prominent role in society. Family law issues such as divorce and child custody, consumer victimization issues raised by questionable trade practices, and tort issues raised by surprisingly high estimated rates of medical malpractice, questionable prescription drug practices, and other behaviors are part of the fabric of daily life. Policymakers and interest groups regularly debate and assess whether civil problems are best resolved by legislative action, agency action, litigation, alternative dispute resolution, other methods, or some combination of actions. Yet we lack systematic quantitative knowledge about the primary events in daily life that generate civil justice …


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