Monday, February 21, 2005
Something just occurred to me...
Recently put into law was a law that class action law suits had to be settled in federal court. Now here is the problem...
1. Class action law suits are generally tort suits.
2. Torts are based on common law.
3. There is no Federal common law. It was rules unconstitutional in Erie R.R. v. Tompkins (304 U.S. 64, 78) 1938.
4. The law mentioned above was designed so that a class action suit would not be shopped around for the best state to have the suit.
Now let me ask this...
1. Since there is no Federal Common Law, which state's common law will be applicable?
2. Should there be a Federal Common Law?
3. What affect would that have on cases that cite Erie R.R. v. Tompkins (looking at the cases that do cite Erie R.R. v. Tompkins, how would they have faired given a Federal Common Law)
4. Is there a universal common law? We adopted England's common law once upon a time. What of international law?
Sil
Recently put into law was a law that class action law suits had to be settled in federal court. Now here is the problem...
1. Class action law suits are generally tort suits.
2. Torts are based on common law.
3. There is no Federal common law. It was rules unconstitutional in Erie R.R. v. Tompkins (304 U.S. 64, 78) 1938.
4. The law mentioned above was designed so that a class action suit would not be shopped around for the best state to have the suit.
Now let me ask this...
1. Since there is no Federal Common Law, which state's common law will be applicable?
2. Should there be a Federal Common Law?
3. What affect would that have on cases that cite Erie R.R. v. Tompkins (looking at the cases that do cite Erie R.R. v. Tompkins, how would they have faired given a Federal Common Law)
4. Is there a universal common law? We adopted England's common law once upon a time. What of international law?
Sil
Thursday, February 10, 2005
Oh, on the Grokster briefs... I found a bunch of links here: EFF: MGM v. Grokster
The site is pro-Grokster it seems, and has a lot of links on the case.
s:>
The site is pro-Grokster it seems, and has a lot of links on the case.
s:>
6 weeks to go before finals!!!
Ugh! Where has the time gone?
I am now in an office. I was laid off work December 31, and my wife had it with me being in the house!! In all seriousness though, I needed a place to study and work that I could call my own.
I need to watch out for conflicting priorities. The monies are okay during this time. I will spend a bit of time looking at new opportunities, and also time on new technology (couple TiVo series 2's on their way, and the sdk is already downloaded...), but the bulk Will be on the exams.
The count down begins...
Then...
the first year law student exam. :)
Ugh! Where has the time gone?
I am now in an office. I was laid off work December 31, and my wife had it with me being in the house!! In all seriousness though, I needed a place to study and work that I could call my own.
I need to watch out for conflicting priorities. The monies are okay during this time. I will spend a bit of time looking at new opportunities, and also time on new technology (couple TiVo series 2's on their way, and the sdk is already downloaded...), but the bulk Will be on the exams.
The count down begins...
Then...
the first year law student exam. :)
Wednesday, February 09, 2005
InfoWorld: Gadget site resolves Microsoft secrets dispute: January 25, 2005: By : APPLICATION_DEVELOPMENT : APPLICATIONS : BUSINESS
I wonder how the wayback machine would be affected by this?
s:>
I wonder how the wayback machine would be affected by this?
s:>
