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- U.S. District Court in New York: Damages claimed in good faith,
- Bausch & Lomb Inc. v. CIBA Vision Corp., 07-CV-6575, U.S. District Court for the Western District of New York; written by Judge Charles J. Siragusa When federal jurisdiction is purported to exist because the amount in question exceeds $75,000, does the plaintiff's allegation of this level of damages...
- Research articles 2008-07-25
- After No. 1, draft picture gets blurry
- With Steven Stamkos a lock as the No. 1 pick, the next mystery about this weekend's NHL draft is who will follow him. The presumption is the Los Angeles Kings will take defenseman Drew Doughty of Guelph in the Ontario Hockey League at No. 2 and...
- Research articles 2008-06-19
- Extending Hamdan v. Rumsfeld to Combatant Status Review Tribunals
- I. INTRODUCTION In Hamdan v. Rumsfeld, the United States Supreme Court struck down a military commission convened by the President to try foreign nationals for violations of the law of war.1 Over vigorous dissenting opinions, a five-Justice majority2 held that the commission's structure and procedures violated domestic statutes (the Uniform...
- Research articles 2007-09-01
- Discretionary Function Exception to the Federal Tort Claims Act: A Proposal for a Workable Analysis, The
- I. INTRODUCTION In 1946 Congress enacted the Federal Tort Claims Act FTCA, which provides that the federal government can be held liable in tort "in the same manner and to the same extent as a private individual under like circumstances."1 In enacting the FTCA, Congress also provided thirteen exceptions to...
- Research articles 2007-01-01
- State executive lawmaking in crisis.
- ABSTRACT Courts and scholars have largely overlooked the constitutional source and scope of a state executive's powers to avert and respond to crises. This Article addresses how actual and perceived legal barriers to executive authority under state constitutions can have ma]or consequences...
- Research articles 2006-10-01
- Cruising in American Waters: Spector, Maritime Conflicts, and Choice of Law
- I INTRODUCTION Spector v. Norwegian Cruise Line Ltd.1 poses the question of whether the Americans with Disabilities Act of 1990 ADA2 applies to foreign-flagged ships while in the territorial waters of the United States. The court of Appeals for the Fifth Circuit answered this question in the negative.3 The Supreme...
- Research articles 2006-10-01
- CSBS joins state preemption case before Supreme Court
- The Conference of State Bank Supervisors has joined with the National Conference of State Legislatures, National Governors Association and a number of other state and local government organizations filing an amicus curiae brief with the Supreme Court in a case involving the federal preemption of state consumer protection laws. The...
- Research articles 2006-10-01
- Revised Code of Ethics Takes Hold, The
- ETHICS IN ARBITRATION On June 12, 2006, two state supreme courts issued decisions addressing the neutrality of party-appointed arbitrators that relied, in part, on the American Arbitration Association/American Bar Association Code of Ethics for Arbitrators in Commercial Disputes as revised in 2004. The Wisconsin and Rhode Island Supreme...
- Research articles 2006-08-01
- Terminations for default
- Contracting Officer Representative's Casual Comment Did Not Extend Performance Period In NECCO, Inc. v. General Services Administration, (80) the GSA competitively issued a task order to a contractor to replace the roof of a federal building, under a multiple award term contract for construction work. Under the task order,...
- Research articles 2006-01-01
- A turning of the tide for preemption: new developments in preemption law bode well for plaintiffs in products cases.
- It's hard to imagine a drier-sounding subject than federal preemption. Yet it s even harder to imagine a doctrine that poses a bigger threat to access to justice in this country. When successful, the federal preemption defense can completely wipe out your clients' rights to obtain...
- Research articles 2005-11-01
- Trail Smelter, the Columbia River, and the Extraterritorial Application of CERCLA, The
- I. INTRODUCTIONThe Trail Smelter complex stands like an industrial fortress on the bank of the Columbia River, a few miles north of the border between Canada and the United States. A symbol of economic development, the Trail Smelter produces tons of zinc and lead every day, brings jobs to southern...
- Research articles 2005-10-01
- UCI chief slams Armstrong affair and commits to doping battle
- MADRID AFP — Newly-elected world cycling chief Pat McQuaid has wasted no time in expressing his opinion over the Lance Armstrong affair - and admitted the seven-times Tour de France winner should benefit from the presumption of innocence. The 34-year-old Armstrong, now retired, has been vehemently fighting allegations that...
- Research articles 2005-09-23
- Economic analysis in judicial decision making - an assessment based on Judge Posner's tax decisions
- I. INTRODUCTION In the past half-century, proponents of law and economics have used the tools of economics to analyze a wide array of legal issues, starting with tax and antitrust and expanding to fields as diverse as torts, criminal law, free speech, and family law. (1) Although often promoted...
- Research articles 2005-06-22
- More rules for manufacturers: the landscape of product liability trials has changed.(ADVICE: LAW)
- FOLLOW THE RULES. THIS fundamental tenet has been passed on from parent to child, teacher to pupil, and even lawyer to client. There are rules, instructions, guidelines, regulations, and--ultimately--laws that govern our behavior, and we are repeatedly told in myriad ways that rules must be followed....
- Research articles 2005-05-01
- Restoring the Lost Constitution: The Presumption of Liberty.(Brief Article)(Book Review)
- RESTORING THE LOST CONSTITUTION: THE PRESUMPTION OF LIBERTY. By Randy E. Barnett. Princeton: Princeton University Press. 2004. Pp. xv, 366. $32.50. In Restoring the Lost Constitution: The Presumption of Liberty, Professor Randy E. Barnett (1) lays out a bold defense of the theory of...
- Research articles 2005-05-01
- Utah's records-access law is ranked third in nation
- Compared to other states, Utah has one of the better open government records laws, according to several national organizations. But open government advocates say a law is only as good as the public officials who follow it. A joint study by the Better Government Association and Investigative Reporters...
- Research articles 2005-03-14
- PGR investigating foreign investments in service stations.
- MEXICO CITY, Feb 17, 2005 (Cronica/Corporate Mexico by Internet Securities, Inc. via COMTEX) -- The director general of Pemex Refinacion, Juan Bueno Torio, has acknowledged that there is a presumption that foreign companies are investing in Mexican service stations under "borrowed names", which is a violation...
- Research articles 2005-02-18
- Parental rights gain momentum in Senate
- Critics of the state child welfare system who assert the balance is tipped against parents cleared their first legislative hurdle Monday, with committee approval of a bill that would eliminate a "presumption of guilt" against parents accused of abuse or neglect. HB89, sponsored by Rep. LaVar Christensen, R-Sandy,...
- Research articles 2005-02-01
- Compromise is in the air
- Representatives from the NHL and the NHL Players met Thursday amid reports that the league was preparing an offer that contained some measure of compromise. NHL officials would not even confirm that a meeting was taking place, let alone if there was an offer being presented. But it was...
- Research articles 2005-01-28
- Civil liberties and enemy combatants: why the Supreme Court's widely praised rulings are bad for America
- IF YOU WERE relying solely on media accounts for guidance, you would have gotten the impression that the Supreme Court's June 28 rulings on "enemy combatants" were a clean sweep for civil liberties. With few exceptions, reporters and commentators interpreted the rulings as unwavering affirmations of the judicial branch's authority...
- Research articles 2005-01-01
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