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Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll 2020 University of Michigan

Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll

Indiana Law Journal

81818app手机版下载A law firm that enters into a contingency arrangement provides the client with more than just its attorneys’ labor. It also provides a form of financing, because the firm will be paid (if at all) only after the litigation ends; and insurance, because if the litigation results in a low recovery (or no recovery at all), the firm will absorb the direct and indirect costs of the litigation. Courts and markets routinely pay for these types of risk-bearing services through a range of mechanisms, including state feeshifting statutes, contingent percentage fees, common-fund awards, alternative fee arrangements, and third-party litigation funding ...


Consent To Student Loan Bankruptcy Discharge, John P. Hunt 2020 University of California - Davis 81818app手机版下载

Consent To Student Loan Bankruptcy Discharge, John P. Hunt

Indiana Law Journal

As the Department of Education reconsiders its rules governing consent to discharge of federal student loans in bankruptcy, this Article argues for the first time that the Department should approach the problem specifically as an operator of programs to promote education and benefit students, rather than as an entity interested only in debt collection. This Article shows that the Department’s rules to date have treated whether to consent to discharge primarily as a pecuniary issue, without regard to the educational goals of the student loan programs. For example, the Department apparently has never considered whether making it difficult to ...


Patent Accidents: Questioning Strict Liability In Patent Law, Patrick R. Goold 2020 The City Law School; City; University of London

Patent Accidents: Questioning Strict Liability In Patent Law, Patrick R. Goold

Indiana Law Journal

81818app手机版下载Accidental infringement of patent rights is a pervasive and growing problem in the Information Age. As IP rights proliferate and expand in scope, it is becoming increasingly easy for companies and individuals to inadvertently infringe patents. When such accidental infringement occurs, patent law holds the infringer strictly liable. This contrasts with many areas of tort law where defendants are only liable if they act negligently.

This Article questions the normative desirability of strict liability in patent law. Assuming the primary value of patent law is utilitarian, this Article poses the research question: what liability rule will maximize social welfare? This ...


Gerrymandering & Justiciability: The Political Question Doctrine After Rucho V. Common Cause, G. Michael Parsons 2020 New York University School of Law 81818app手机版下载

Gerrymandering & Justiciability: The Political Question Doctrine After Rucho V. Common Cause, G. Michael Parsons

Indiana Law Journal

81818app手机版下载This Article deconstructs Rucho’s articulation and application of the political question doctrine and makes two contributions. First, the Article disentangles the political question doctrine from neighboring justiciability doctrines. The result is a set of substantive principles that should guide federal courts as they exercise a range of routine judicial functions—remedial, adjudicative, and interpretive. Rather than unrealistically attempting to draw crisp jurisdictional boundaries between exercises of “political” and “judicial” power, the political question doctrine should seek to moderate their inevitable (and frequent) clash. Standing doctrine should continue to guide courts in determining whether they have authority over a case ...


Maximizing The Value Of America’S Newest Resource, Low- Altitude Airspace: An Economic Analysis Of Aerial Trespass And Drones, Tyler Watson 2020 Indiana University Maurer School of Law

Maximizing The Value Of America’S Newest Resource, Low- Altitude Airspace: An Economic Analysis Of Aerial Trespass And Drones, Tyler Watson

Indiana Law Journal

Recognizing that tort law is a unique area of law that was judicially created by rational human beings with an innate sense of economic justice, this Note seeks to apply positive economic theory—derived from ex post analyses of tort cases—to an ex ante analysis to predict how and to what extent the existing and proposed aerial trespass rules will further economic efficiency in the context of drones and airspace rights. Part I will provide (1) an overview of the Federal Aviation Administration’s (FAA) current regulatory framework and the development of the common law aerial trespass doctrine and ...


How To Fix Legal Scholarmush, Adam Kolber 2020 Brooklyn Law School 81818app手机版下载

How To Fix Legal Scholarmush, Adam Kolber

Indiana Law Journal

81818app手机版下载Legal scholars often fail to distinguish descriptive claims about what the law is from normative claims about what it ought to be. The distinction couldn’t be more important, yet scholars frequently mix it up, leading them to mistake legal authority for moral authority, treat current law as a justification for itself, and generally use rhetorical strategies more appropriate for legal practice than scholarship. As a result, scholars sometimes talk past each other, generating not scholarship but “scholarmush.”

81818app手机版下载In recent years, legal scholarship has been criticized as too theoretical. When it comes to normative scholarship, however, the criticism is off ...


How To Fix Legal Scholarmush, Adam J. Kolber 2020 Brooklyn Law School

How To Fix Legal Scholarmush, Adam J. Kolber

Faculty Scholarship

No abstract provided.


Uniform Maine Citations, 2020 - 2021 Edition, Michael D. Seitzinger, Charles K. Leadbetter, Sara T.S. Wolff 2020 University of Maine School of Law 81818app手机版下载

Uniform Maine Citations, 2020 - 2021 Edition, Michael D. Seitzinger, Charles K. Leadbetter, Sara T.S. Wolff

Uniform Maine Citations

Uniform Maine Citations is organized so that similar types of references to Maine authorities appear together. The organization is grouped by primary or secondary research materials, including subdivisions for (1) statutory and legislative materials, including constitutions, statutes, legislative documents, and municipal ordinances; (2) court decisions, rules, and documents; (3) executive agency regulations, reports, and other documents; and (4) secondary materials that analyze and interpret the primary materials, including Maine-specific treatises, practice books, and legal periodicals. Beyond guidance for proper citation, the primary and secondary sources identified in this edition constitute a useful catalog of materials available to support research into ...


Space Force: Battle Of The Trademarks, Sinead McGonagle 2020 Saint Louis University School of Law 81818app手机版下载

Space Force: Battle Of The Trademarks, Sinead Mcgonagle

SLU Law Journal Online

Sinead McGonagle analyzes the implications and potential legal issues of both the U.S. Government and Netflix's use of the term "Space Force" under current trademark law.


Backgrounder To The Accompanying Report ‘’’Troubling Incrementalism’: Is The Canadian Pension Plan Fund Doing Enough To Advance The Transition To A Low-Carbon Economy?”, Cynthia Williams 2020 Osgoode Hall Law School of York University

Backgrounder To The Accompanying Report ‘’’Troubling Incrementalism’: Is The Canadian Pension Plan Fund Doing Enough To Advance The Transition To A Low-Carbon Economy?”, Cynthia Williams

Canada Climate Law Initiative

No abstract provided.


U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson 2020 Alexander Blewett III School of Law at the University of Montana 81818app手机版下载

U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson

Public Land & Resources Law Review

81818app手机版下载The United States Supreme Court ruled in favor of the United States Forest Service and Atlantic Coast Pipeline, LLC, a company who planned to construct a natural gas pipeline under a section of the Appalachian National Scenic Trail within the George Washington National Forest. The legal battle sought to clarify whether the United States Forest Service had the authority to grant the pipeline builder a right-of-way across the Appalachian Trail. The Court ruled that the National Park Service holds an easement for administering the Appalachian Trail, but the land over which the trail crosses remains under the jurisdiction of the ...


National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour 2020 Alexander Blewett III School of Law at the University of Montana

National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour

Public Land & Resources Law Review

The Sixth Circuit Court of Appeals recently ruled in favor of the Department of Transportation in considering whether the district court erred in holding that an agency took a discretionary action when it approved oil spill response plans to a pipeline under the Clean Water Act. The Sixth Circuit reversed the district court’s decision. It held the Department of Transportation does not need to consider the Endangered Species Act and the National Environmental Policy Act requirements in their response plans as long as the Clean Water Act criteria for such plans are met.


Forgetting The American Family: How The Family And Medical Leave Act Is Insufficient And What Can Be Done To Improve It, Adrianna Thrasher 2020 State University of New York College at Brockport

Forgetting The American Family: How The Family And Medical Leave Act Is Insufficient And What Can Be Done To Improve It, Adrianna Thrasher

Senior Honors Theses

This research seeks to clarify the Family and Medical Leave Act (FMLA) of 1993 and explore where the Act is deficient. In addition, federal policy is compared with states that currently have a more generous paid leave program. In the interest of the effect this issue has on American global competitiveness, United States (U.S.) policy will be examined in reference to peer nations. This analytical approach aims to resolve common misconceptions surrounding federal paid family leave policy, as well as clear a path for more progressive policies overall.


Alt-Labor And Employment Law: Symposium Introduction, Michael M. Oswalt, Cesar F. Rosado Marzan 2020 Northern Illinois University 81818app手机版下载

Alt-Labor And Employment Law: Symposium Introduction, Michael M. Oswalt, Cesar F. Rosado Marzan

Chicago-Kent Law Review

No abstract provided.


Sustainable Alt-Labor, Catherine L. Fisk 2020 University of California, Berkeley

Sustainable Alt-Labor, Catherine L. Fisk

Chicago-Kent Law Review

No abstract provided.


Interagency Merger Review In Labor Markets, Hiba Hafiz 2020 Boston College Law School

Interagency Merger Review In Labor Markets, Hiba Hafiz

Chicago-Kent Law Review

No abstract provided.


Short Strikes, Michael M. Oswalt 2020 Northern Illinois University

Short Strikes, Michael M. Oswalt

Chicago-Kent Law Review

No abstract provided.


Alt-Enforcers : The Emergence Of State Attorneys General As Workplace Rights Enforcers, Jane R. Flanagan 2020 Chicago-Kent College of Law 81818app手机版下载

Alt-Enforcers : The Emergence Of State Attorneys General As Workplace Rights Enforcers, Jane R. Flanagan

Chicago-Kent Law Review

81818app手机版下载No abstract provided.


Can Wage Boards Revive U.S. Labor?: Marshaling Evidence From Puerto Rico, Cesar F. Rosado Marzan 2020 Chicago-Kent College of Law

Can Wage Boards Revive U.S. Labor?: Marshaling Evidence From Puerto Rico, Cesar F. Rosado Marzan

Chicago-Kent Law Review

No abstract provided.


Alt Labor? Why We Still Need Traditional Labor, Martin H. Malin 2020 Chicago-Kent College of Law

Alt Labor? Why We Still Need Traditional Labor, Martin H. Malin

Chicago-Kent Law Review

No abstract provided.