The Plaintiffs Keep Getting Richer, The Manufacturers Just Stay Poor: Design Defect Litigation In Georgia Post-Banks,
2014
University of Georgia School of Law
The Plaintiffs Keep Getting Richer, The Manufacturers Just Stay Poor: Design Defect Litigation In Georgia Post-Banks, Davis S. Popper
Georgia Law Review
How much proof of a reasonable alternative design is necessary to survive a claim for defective design and when should proof of a reasonable alternative design be denied as irrelevant to claims pertaining to products that exhibit open and obvious dangers? Design defect litigation is particularly important because it involves claims that take entire product lines out of the market and cost manufacturers exorbitant losses and expose them to steep damages. In these cases, plaintiffs often suffer life- changing injuries or death. In this Note, I provide a history of design defect litigation in the United States. In particular,I focus …
Municipal Attorneys Can Find Answers In The Newly Released Third Edition Of Commercial Litigation In New York State Courts,
2014
Touro University Jacob D. Fuchsberg Law Center
Municipal Attorneys Can Find Answers In The Newly Released Third Edition Of Commercial Litigation In New York State Courts, Patricia E. Salkin
Scholarly Works
This article contains a book review of the newest edition of Commercial Litigation in New York State Courts (West), edited by former New York County Lawyers President Robert Haig of Kelley Drye & Warren LLP. The author of this book review details why this treatise is an invaluable addition, not for the library shelf, but for prime desk space on the busy working lawyer’s desk. The author further notes that while the most recent edition of the treatise has been widely reviewed statewide, prior to this book review there has been little, if any, attention to the value of the …
Climate Change Adaptation And Mitigation: A Local Solution To A Global Problem,
2014
Touro Law Center
Climate Change Adaptation And Mitigation: A Local Solution To A Global Problem, Sarah J. Adams-Schoen
Scholarly Works
Local land use laws offer powerful tools for climate change adaptation and mitigation. However, notwithstanding New York municipalities’ many impressive efforts, local laws are not yet being utilized sufficiently to create disaster-resilient or disaster-adaptive communities. New York City has done substantially more than many other cities, including, critically, setting specific CO2 emissions reduction targets and amending zoning and building codes. But, in light of the evidence of climate change and its impacts, local decision makers, resource managers, and planners throughout the state must ask whether we are doing enough. Failure to do so will continue to be costly in terms …
Breaking Up Payday: Anti-Agglomeration Zoning & Consumer Welfare,
2014
Fordham University School of Law
Breaking Up Payday: Anti-Agglomeration Zoning & Consumer Welfare, Sheila R. Foster
Faculty Scholarship
In the last decade, dozens of local governments have enacted zoning ordinances designed to limit the concentration of payday lenders and other alternative financial services providers (AFSPs), such as check-cashing businesses and auto title loan shops, in their communities. The main impetus for these ordinances is to shield economically vulnerable residents from the industry’s lending practices in the absence of sufficiently aggressive federal and state consumer protection regulation. This Essay casts considerable doubt on whether zoning is the appropriate regulatory tool to achieve the consumer protection and welfare goals animating these ordinances. The author’s analysis of the aftermath of payday …
Fiduciary Principles And The Jury,
2014
Fordham University School of Law
Fiduciary Principles And The Jury, Ethan J. Leib, Michael Serota, David L. Ponet
Faculty Scholarship
This Essay argues that because jurors exercise state power with wide discretion over the legal and practical interests of other citizens, and because citizens repose trust and remain vulnerable to jury and juror decisions, juries and jurors share important similarities with traditional fiduciary actors such as doctors, lawyers, and corporate directors and boards. The paradigmatic fiduciary duties – those of loyalty and care – therefore provide useful benchmarks for evaluating and guiding jurors in their decision-making role. A sui generis public fiduciary duty of deliberative engagement also has applications in considering the obligations of jurors. This framework confirms much of …
Won't You Be My Neighbor? The Fallout From The Colorado Supreme Court's Decision In Cogcc V. Gvca,
2014
University of Colorado Law School
Won't You Be My Neighbor? The Fallout From The Colorado Supreme Court's Decision In Cogcc V. Gvca, Luke Mecklenburg
University of Colorado Law Review
This Casenote asserts that the Colorado Supreme Court's decision in COGCC v. GVCA, while legally adequate, condones a harmful public policy that necessitates legislative correction. The case pitted two landowners whose property was adjacent to a proposed well that would drill down within a three-mile radius of an underground nuclear detonation site known as the Rulison blast zone, as well as a citizens'group from the Rulison area, against the Colorado Oil and Gas Conservation Commission (COGCC). Using different canons of statutory interpretation, the Colorado Court of Appeals and the Colorado Supreme Court reached opposite decisions, but in the end a …
Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms,
2014
University of Colorado Law School
Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms, Jessica Bulman-Pozen
University of Colorado Law Review
This short Essay argues that various attributes we associate with federalism should not be deemed necessary components of federalism as a definitional or normative matter. Using Colorado's recent legalization of marijuana as a case study, it shows how two such attributes-an autonomous realm of state action and independent state officials with distinctive interests-can be pulled apart. State officials often further their interests and effectively oppose federal policy when they participate in the same statutory scheme as federal actors instead of operating in a separate, autonomous sphere. At the same time, state officials frequently rely on the autonomous lawmaking and executive …
Cooperative Federalism And State Marijuana Regulation,
2014
University of Colorado Law School
Cooperative Federalism And State Marijuana Regulation, Sam Kamin
University of Colorado Law Review
No abstract provided.
Exit, Voice, And Loyalty As Federalism Strategies: Lessons From The Same-Sex Marriage Debate,
2014
University of Colorado Law School
Exit, Voice, And Loyalty As Federalism Strategies: Lessons From The Same-Sex Marriage Debate, Ernest A. Young
University of Colorado Law Review
No abstract provided.
Uelma - Another First For Colorado,
2014
University of Colorado Law School
Uelma - Another First For Colorado, Susan Nevelow Mart
Publications
No abstract provided.
The Geography Of Racial Stereotyping: Evidence And Implications For Vra ‘Preclearance’ After Shelby County,
2014
University of California, Davis, School of Law
The Geography Of Racial Stereotyping: Evidence And Implications For Vra ‘Preclearance’ After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer
Publications
The Supreme Court in Shelby County v. Holder (2013) effectively enjoined the preclearance regime of the Voting Rights Act. The Court deemed the coverage formula, which determines the jurisdictions subject to preclearance, insufficiently grounded in current conditions. This Article proposes a new, legally defensible approach to coverage based on between-state differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and who vote accordingly. The new coverage formula could also account for racially polarized voting and minority population size, but, for constitutional reasons, subjective discrimination by voters is the essential criterion. We demonstrate that …
Immigration And Cooperative Federalism: Toward A Doctrinal Framework,
2014
University of Colorado Law School
Immigration And Cooperative Federalism: Toward A Doctrinal Framework, Ming H. Chen
Publications
What can the new federalism teach us about what is happening in immigration law? The changing relationship of federal-state government in the regulation of immigrants has led to the creation of “immigration federalism” as a field of scholarship. Most of this scholarly attention has been directed at resisting restrictionist legislation that encourages vigorous law enforcement against undocumented immigrants. The scholarly tilt is especially pronounced since the Supreme Court recently struck down several provisions of S.B. 1070, Arizona’s restrictive law enforcement legislation. However, law enforcement is only one type of regulation, and the overwhelming focus on it skews the broader debate …
Internships As Invisible Labor,
2014
University of Colorado Law School
Local Government Law,
2013
Mercer University School of Law
Local Government Law, Kirk Fjelstul
Mercer Law Review
This Article reviews Georgia appellate decisions presenting new or instructive issues related to local government law during the survey period from June 1, 2012 to May 31, 2013.
Art Or Signage?: The Regulation Of Outdoor Murals And The First Amendment,
2013
Benjamin N. Cardozo School of Law
Art Or Signage?: The Regulation Of Outdoor Murals And The First Amendment, Christina Chloe Orlando
Cardozo Law Review
No abstract provided.
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?,
2013
Seattle University School of Law
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim
Seattle University Law Review
Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …
The Constraint Of Dignity: Lawrence V. Texas And Public Morality,
2013
Notre Dame Law School
The Constraint Of Dignity: Lawrence V. Texas And Public Morality, Kristian R. Mukoski
Notre Dame Law Review
This Note will proceed in four parts. Part I will catalogue the jurisprudential and philosophical conflict over the legitimacy of morals legislation. Part II will examine the Supreme Court’s jurisprudence regarding reproductive and sexual liberty, noting the trend towards conflating liberty with autonomy that culminated in Lawrence v. Texas. Part III will closely scrutinize the characterization of liberty in Lawrence, demonstrating that it is restricted by associational and spatial limitations. Part IV will connect those limitations to the description of dignity Justice Kennedy employed in Lawrence and in other cases. This conception of dignity embodies substantive values concerning the appropriate …
Electoral Competition In Connecticut's State House Races: The Trial Run Of The Citizens' Election Program,
2013
Sacred Heart University
Electoral Competition In Connecticut's State House Races: The Trial Run Of The Citizens' Election Program, Lesley A. Denardis
Political Science & Global Affairs Faculty Publications
The Citizens Election Fund, Connecticut's version of a clean elections law, was established in 2005 in the wake of the corruption scandal during the administration of Governor John Rowland. Modeled after the public financing systems of Maine and Arizona, Connecticut's law has been touted as the most comprehensive in the nation. This paper will address whether the introduction of the Citizens' Election Program has increased the level of electoral competition by specifically focusing on state house seats in Connecticut during the 2008 and 2010 election cycles. Contestation for seats in the Connecticut General Assembly is a particularly salient issue due …
Preface,
2013
University of Richmond School of Law
Preface, Christopher W. Bascom
University of Richmond Law Review
No abstract provided.
Commonwealth And Constitution,
2013
University of Richmond School of Law
Commonwealth And Constitution, Robert S. Claiborne Jr.
University of Richmond Law Review
No abstract provided.
