Fighting SLAPPS in Federal Court: Erie, the Rules Enabling Act, and the Application of State anti-SLAPP Laws in Federal Diversity Actions

Legislatures across the United States have passed laws to combat strategic lawsuits against public participation (“SLAPPs”)—suits brought solely to harass a party that has exercised protected speech or petitioning activity. Federal courts exercising diversity jurisdiction have struggled to determine whether these nominally procedural laws—particularly their hallmark special motions to dismiss—apply outside of state courts. A proper reading of the Federal Rules of Civil Procedure reveals that these laws may operate harmoniously alongside the federal system, and the twin aims articulated in the U.S. Supreme Court’s decision in Erie Railroad Co. v. Tompkins favor application of anti-SLAPP laws in federal fora. Furthermore, even if the laws and the Rules directly conflict, it would violate the Rules Enabling Act to apply the Federal Rule in preemption of the state anti-SLAPP statute

Faculty and Management Rights In Higher Education Collective Bargaining: A Faculty Perspective

Originally published by the National Center for the Study of Collective Bargaining in Higher Education and the Professions, Proceedings, Twenty-Fifth Annual Conference, April, 1997, Silver Anniversary Conference: 25 Years of Higher Education Collective Bargaining, Beth H. Johnson, Edito

The Erosion of the Tenure System and Academic Collective Bargaining: An AAUP Perspective

The widely endorsed “1940 Statement of Principles on Academic Freedom and Tenure” affirms that “Tenure is a means to certain ends; specifically: (1) freedom of teaching and research and of extramural activities, and (2) a sufficient degree of economic security to make the profession attractive to men and women of ability.”1 The erosion of the tenure system severely threatens both of these objectives and thereby presents a severe challenge both to academic institutions and to academic collective bargaining

Academic Bargaining In Hard Times

Despite popular misconceptions, we know, or certainly should know, that conflict is not inherent in the bargaining relationship even in these difficult times. We know, that is, that the bargaining relationship, though it may emerge in response to conflict, can be and often is a means to resolve conflict. Diminishing resources do tend to reawaken and heighten conflict. Even so, when budget shortfalls are unavoidable, cooperative bargaining can seek and has frequently found ways to protect long term academic resources and core academic programs and personnel. In many instances, the parties in the collective bargaining relationship can also cooperate to win student, public and legislative support to minimize loss of revenue

How Did We Get Here?

U završnom radu je projektiran i ugrađen sustav upravljanja referencom gasa. Programska podrška za izradu aplikacije je LabVIEW. Opisana je prerada i komponente električnog auta. Ukratko je opisana aplikacija za monitoring u LabVIEW-u. Prije spajanja nove akvizicijske kartice proučena je elektična shema kako bi bili sigurni da spajamo na pravi način. Detaljno je opisan postupak implementacije nove akvizicijske kartice u automobile.This BSC thesis included construction and implementation of system electric vehicle throttle reference control. Application was programmed in software environment LabVIEW. The process of adaption to an electric car as well as electric car components were descrbed. LabVIEW monitoring application was shortly described. Before connecting the cables the electric scheme was analyzed to be sure the cables were connected in the proper order. Process of implementation of new USB-6009 data acquisition (DAQ) device was in detail explaned

The Erosion of the Tenure System and Academic Collective Bargaining: An AAUP Perspective

The widely endorsed “1940 Statement of Principles on Academic Freedom and Tenure” affirms that “Tenure is a means to certain ends; specifically: (1) freedom of teaching and research and of extramural activities, and (2) a sufficient degree of economic security to make the profession attractive to men and women of ability.”1 The erosion of the tenure system severely threatens both of these objectives and thereby presents a severe challenge both to academic institutions and to academic collective bargaining

A Simple Concept in a Complicated World: Actual Causation, Mixed-Drug Deaths and the Eighth Circuit\u27s Opinion in \u3cem\u3eUnited States v. Burrage\u3c/em\u3e

On August 6, 2012, in United States v. Burrage, the U.S. Court of Appeals for the Eighth Circuit upheld the conviction of a defendant for the crime of distribution of drugs resulting in death where the defendant sold heroin that played a part in a mixed-drug overdose death. The court reasoned that the statute, which provides for a mandatory twenty-year prison sentence when a defendant sells illegal drugs and a death results, only requires that the defendant’s drugs contribute to the death. This Comment argues that the contributory cause standard of actual causation endorsed by the Eighth Circuit is flawed and that, on review, the U.S. Supreme Court should hold that the crime of distribution resulting in death requires a showing that the defendant’s drugs are a but-for cause of the death. When the but-for test of actual causation falters in the context of a death with multiple sufficient causes, courts should explain to jurors how they may find actual cause in these instances without resorting to the imperfect contributory cause standard