America is worried about Chinese spying. Recent months have brought a steady stream of arrests and accusations related to the theft of United States secrets for Chinese government or businesses related to China.
The false alarm of a Hawaiian nuclear attack in January 2018 is an example of the lack of U.S. preparedness for attacks using nuclear and other weapons of mass destruction. To address such threats, this Article proposes the establishment of a nationwide integrated defense of health countermeasures initiative (DHCI).
The prevalent approach suggests that constitutions are silent about secession and may even implicitly allow it. But an examination of world constitutions reveals that the overwhelming majority of countries vigorously protect territorial integrity.
Under the finding of discriminatory intent in Floyd v. City of New York, contemporary gang policing violates equal protection. In jurisdictions where gang policing is codified by statute, even in part, it also violates the vagueness doctrine (as that doctrine exists today).
Minimum wage laws were enacted to increase worker bargaining power and equalize the playing field between employee and employer. Many actors are legally entitled to these protections, yet they sacrifice their rights because they believe the sacrifice is necessary in order to perform.
One central aspect of this debate of costs raises questions about what accounts for the problem. Among the explanations advanced, the huge burdens attributable to discovery procedures usually top the catalog of the law profession’s grievances.
No one can deny that many aspects of litigation today are expensive and time-consuming or that lawyers are at least partially to blame for that; some lawyers have never met a motion they don’t like to make, while others insist on leaving no stone unturned in discovery.
Battles over procedure occur on multiple levels. At the most granular level, litigants, usually through lawyers, use procedural tools to advance their interests in individual cases. At the most abstract level, the procedural rules we select are products of a complex balance of intersecting and competing interests.
Judge Marrero’s Article is no ordinary Law Review Article. To begin with, it is ninety pages in length, written with passion and intensity. Its title targets practicing lawyers, but its content, upon close examination, challenges all parts of the legal profession.
From the perspective of courts, lawyers, and litigants in 1938, the new Federal Rules of Civil Procedure (Federal Rules) set out to advance the noble goal of “promot[ing] efficiency and lower[ing] litigation costs.”