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state-imposed reputational harm, in itself, deprives affected persons of the freedom maximally to define individual self …
Persistent link: https://www.econbiz.de/10012764367
Adam Levitin's article, quot;Priceless?: The Economic Costs of Credit Card Merchant Restraints,quot; 55 UCLA L. Rev. 1321 (2008), argues that credit card systems violate the U.S. antitrust laws by prohibiting merchants from surcharging credit card transactions and refusing to accept high-priced...
Persistent link: https://www.econbiz.de/10012764520
This article discusses two issues involving parent-child relationships: (1) whether adoptions are subject to full faith and credit guarantees and (2) whether states are free to ignore a sister state's custody or visitation decree if such a decree violates local public policy. The foci of the...
Persistent link: https://www.econbiz.de/10012764616
When goods are damaged during transport, the seemingly obvious targets in a subrogated action are usually the quot;carriersquot;, being the parties who were contracted to handle and transport the goods. There is, however, another party who may bear responsibility for the loss, but who is often...
Persistent link: https://www.econbiz.de/10012764814
Obtaining a judgment against a defendant in a subrogated action may often be only the first step in a long process - obtaining a judgment is no guarantee of obtaining payment. When a court issues a judgment, it is not concerned with whether the unsuccessful party will ever actually pay the...
Persistent link: https://www.econbiz.de/10012764863
When an insurer steps into the shoes of its insured and commences a subrogated action against the parties who caused an insured loss, it is often desirable for the insurer to withhold the production of certain documents that have been generated during the process of investigating the insured's...
Persistent link: https://www.econbiz.de/10012764864
This short essay is a summary of my assessment of the meaning of the quot;vanishing trialquot; phenomenon. It addresses the obvious question: quot;So what?quot; It first briefly reviews the evidence of the trial's decline. It then sets out the steps necessary to understand the political and...
Persistent link: https://www.econbiz.de/10012765121
The debate surrounding marriage equality has largely focused on whether same-sex couples have a fundamental right to marry and on the inequality of denying such rights. This focus is understandable from a legal perspective, as courts stand as protectors of minority rights. Equality arguments are...
Persistent link: https://www.econbiz.de/10012765230
The role that the actual dilution standard plays in Trademark dilution proceedings, a comparison between the approaches adopted in the United States, United Kingdom, European Union Tribunals and the individual EU Member States. Notably, it is not the aim of this paper to assess whether dilution...
Persistent link: https://www.econbiz.de/10012765237
Beginning with its 1995 decision in Seminole Tribe of Florida v. Florida, the Supreme Court has repeatedly held that Congress many not use its Article I powers to abrogate a state's Eleventh Amendment immunity against suit. Although none of these decisions involved bankruptcy, five circuit...
Persistent link: https://www.econbiz.de/10012765894