Tuesday, July 22, 2008
The American Journal of Trial Advocacy recently published Prof. Lance McMillian's new article on frivolous litigation--The Nuisance Settlement 'Problem': The Elusive Truth and a Clarifying Proposal. The article challenges the conventional wisdom that nuisance/frivolous litigation is a widespread problem. It then proposes a test and procedural legislation for determining whether particular civil settlements are the product of nuisance filings and whether sanctions should be awarded against particular plaintiffs.--Counseller
Monday, July 21, 2008
As reported on SCOTUSblog and the Wall Street Journal Law Blog, the World Court, also known as the International Court of Justice, ordered the U.S. to stop the execution of five Mexican nationals currently residing on Texas’ death row. This order comes after Texas and then the U.S. Supreme Court, in Medellin v. Texas, rebuffed a 2004 World Court order claiming that the executions were a violation of international law as Mexico contends that the its citizens were denied their rights under the Vienna Convention to be told, after their arrest and during their prosecution, that they had a right to consult with a diplomat from their own country. The World Court ordered the US to take “whatever means necessary” to halt the executions. The power of their order will soon be tested as the first execution is scheduled for August 5.
Click here to read the opinion, click here to read the press release summarizing the ruling, click here to read the post on SCOTUSblog and click here to read the post on Wall Street Journal Law Blog. –Counseller/jm
As noted on SCOTUSblog, in response to D.C. v. Heller, the Washington, D.C., council recently made available the final versions of its new gun laws. View SCOTUSblog’s coverage and a link to the new laws here. –Counseller/eh