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The Discovery Sombrero And Other Metaphors For Litigation, William H. J. Hubbard
The Discovery Sombrero And Other Metaphors For Litigation, William H. J. Hubbard
Catholic University Law Review
Little is known about discovery costs in civil litigation, particularly in regard to preservation—the duty to preserve relevant information when litigation is reasonably anticipated. This article is one of the first to present and analyze empirical evidence on the nature and costs of preservation and discovery. Using this data, the author proposes three new metaphors for civil litigation: the discovery sombrero, the preservation iceberg, and the long tail of litigation costs. These metaphors help demonstrate the sometimes surprising ways that the Erie doctrine, the role of technology in litigation, and the Federal Rules’ commitment to transsubstantivity interact with current challenges …
Explaining The Blurred Line Between Employment And Independent Contracting, Michael C. Harper
Explaining The Blurred Line Between Employment And Independent Contracting, Michael C. Harper
Faculty Scholarship
As the Reporter primarily responsible for the chapter defining the employment relationship in the recently completed Restatement of Employment Law, I thought I had fully considered and taken account of the origins and various instances of judicial confusion in distinguishing employees from independent contractors. Thus, I was especially surprised to have my understanding of the confusion substantially enhanced by Julia Tomassetti’s recent conceptually deep article. Tomassetti argues that an understanding of the unusual and contradictory nature of employment contracts and their development is necessary to explain judicial confusion when defining employment, and that it is not sufficient simply to highlight …
The Wicked Smaht Kids: Seeking An Adequate Public Education For Gifted Elementary And Secondary Students In Massachusetts, Brenna Ferrick
The Wicked Smaht Kids: Seeking An Adequate Public Education For Gifted Elementary And Secondary Students In Massachusetts, Brenna Ferrick
University of Massachusetts Law Review
This Note argues that the Massachusetts legislature underserves highly intellectually gifted students by neither identifying nor supporting the unique needs of such a population. The legislature is both enabled by the state constitution and charged by the Education Reform Act to provide an adequate education to all elementary and secondary students. The stated intent of the Commonwealth’s education directive purports to provide every child “the opportunity to reach their full potential,” when in reality there are only statutory entitlements and procedural safeguards for those who qualify for federal mandates due to qualifying disabilities. This issue is ripe for judicial interpretation …
Prosecuting The Material Support Of Terrorism: Federal Courts, Military Commissions, Or Both?, P. Scott Rufener
Prosecuting The Material Support Of Terrorism: Federal Courts, Military Commissions, Or Both?, P. Scott Rufener
University of Massachusetts Law Review
This note argues that given the recent changes in the 2009 MCA the overall scheme for prosecuting material support of terrorism offenses is satisfactory (i.e., material support crimes should remain under the jurisdiction of both forums), but that the jurisdiction of military commissions over material support offenses should be limited to those providing material support to further specific acts of terrorism (as opposed to generalized support) and to those giving aid to terrorists or foreign terrorist organizations (hereinafter ―FTOs) in active theaters of war.
Detention Status Review Process In Transnational Armed Conflict: Al Maquleh V. Gates, And The Parwan Detention Facility, Jody M. Prescott
Detention Status Review Process In Transnational Armed Conflict: Al Maquleh V. Gates, And The Parwan Detention Facility, Jody M. Prescott
University of Massachusetts Law Review
This article will first set out a brief history and description of the airfield at Bagram and the detention facilities there. Second, it will explore the standards under international law and the implement ation of national regulations by which the detention status of individuals detained by U.S. military forces is determined, when such individuals may be released from detention, and the significance of the evolving concept of transnational armed conflict to these determinations. Third, it will review the U.S. Supreme Court‘s decision in Boumediene, explore the Court‘s analysis in reaching its decision, and identify what the Court found to be …
Trends And Issues In Terrorism And The Law: Foreword, Thomas J. Cleary
Trends And Issues In Terrorism And The Law: Foreword, Thomas J. Cleary
University of Massachusetts Law Review
The introduction to the issue discusses the history of UMass Law Review and its contribution to legal scholarship.
Book Review: The History Of Democracy: A Marxist Interpretation By Brian S. Roper, John Passant
Book Review: The History Of Democracy: A Marxist Interpretation By Brian S. Roper, John Passant
John Passant
Brian Roper's book on the history of democracy from a Marxist perspective is an ambitious one. Roper starts with Athens and Rome and then, as capitalism rises, examines the revolutions in England, America and France and after that the 1848 revolutions across Europe. He then looks at the Paris Commune and The Russian Revolution. In doing this, Roper describes three distinct but related forms of democracy - Athenian democracy which was a form of participatory democracy limited to sections of society; liberal representative democracy which, while nominally open to all, is actually limited to operating within narrow propertied confines; and …
Book Review Of Oil On Water: Tankers, Pirates And The Rise Of China, Christopher Rahman
Book Review Of Oil On Water: Tankers, Pirates And The Rise Of China, Christopher Rahman
Chris Rahman
Oil on Water sheds light on the vital economic and strategic issue of the international oil trade. Oil remains the most important of all fuels, and the viability of the oil trade is highly dependent upon the safety and security of shipping. However, while the idea of ‘energy security’ is a term widely employed and appreciated in the abstract, the actual details of how the world’s economies are supplied are not well understood. The issue has gained much greater salience in recent years due to structural upward changes in oil prices, mostly as a result of rapidly growing demand in …
Book Review Of Empowering Our Military Conscience: Transforming Just War Theory And Military Moral Education, Christopher Rahman
Book Review Of Empowering Our Military Conscience: Transforming Just War Theory And Military Moral Education, Christopher Rahman
Chris Rahman
Empowering Our Military Conscience seeks to accomplish two goals. First, it highlights new and often critical perspectives on just war theory. Second, it attempts to discern more practical lessons for both trainee and practising military professionals by assessing the ethical standards of the profession of arms via the lens of just war theorising, and by establishing the implications for Professional Military Ethics Education (PMEE). Divided into three parts, the first addresses jus ad bellum (the propriety of resorting to war), the second jus in bello (just conduct within war) and the third jus ante bellum, particularly the moral conditioning of …
Book Review Of The Prism Of Just War, Christopher Rahman
Book Review Of The Prism Of Just War, Christopher Rahman
Chris Rahman
No abstract provided.
Book Review: The End Of Laissez-Faire? On The Durability Of Embedded Neoliberalism, Timothy Dimuzio
Book Review: The End Of Laissez-Faire? On The Durability Of Embedded Neoliberalism, Timothy Dimuzio
Faculty of Law, Humanities and the Arts - Papers (Archive)
On the heels of the global financial crisis, many on the left of the political spectrum anticipated the end of neoliberalism. The financial and economic crisis—global in scope—had supposedly discredited over two decades of neoliberal rule. The massive state interventions required to curtail the worst vagaries of the crisis demonstrated to everyone paying even the remotest attention that deregulated markets are unstable, that bankers cannot be trusted with increasing the money supply and that government intervention could help steer the economy in a more positive direction should politicians be willing. Moreover, the aftermath of the crisis spawned the worldwide Occupy …
Book Review: The History Of Democracy: A Marxist Interpretation By Brian S. Roper, John Passant
Book Review: The History Of Democracy: A Marxist Interpretation By Brian S. Roper, John Passant
Faculty of Law, Humanities and the Arts - Papers (Archive)
Brian Roper's book on the history of democracy from a Marxist perspective is an ambitious one. Roper starts with Athens and Rome and then, as capitalism rises, examines the revolutions in England, America and France and after that the 1848 revolutions across Europe. He then looks at the Paris Commune and The Russian Revolution. In doing this, Roper describes three distinct but related forms of democracy - Athenian democracy which was a form of participatory democracy limited to sections of society; liberal representative democracy which, while nominally open to all, is actually limited to operating within narrow propertied confines; and …
Book Review: Analyzing The Effectiveness Of The Tallinn Manual’S Jus Ad Bellum Doctrine On Cyberconflict,: A Nato-Centric Approach, Terence Check
Book Review: Analyzing The Effectiveness Of The Tallinn Manual’S Jus Ad Bellum Doctrine On Cyberconflict,: A Nato-Centric Approach, Terence Check
Cleveland State Law Review
Review of: Tallinn Manual on the International Law Applicable to Cyber Warfare, Michael Schmitt, ed., New York: Cambridge University Press, 2013.
Book Review: John S. Ahlquist And Margaret Levi, In The Interest Of Others: Organizations And Social Activism, Rowan Cahill
Book Review: John S. Ahlquist And Margaret Levi, In The Interest Of Others: Organizations And Social Activism, Rowan Cahill
Faculty of Law, Humanities and the Arts - Papers (Archive)
As the poet John Donne famously meditated in 1624, and Ernest Hemingway echoed in 1940, "No man is an island entire of itself; every man is a piece of the continent." John S. Ahlquist and Margaret Levi are interested in this sense of human and social ecology, and investigate it via a comparative study of the memberships, structures, and politics of a target group of American and Australian trade unions.
Book Review: Constructing An Avant Garde: Art In Brazil, 1949-1979 By S. Martins, Michael Leggett
Book Review: Constructing An Avant Garde: Art In Brazil, 1949-1979 By S. Martins, Michael Leggett
Faculty of Law, Humanities and the Arts - Papers (Archive)
To anyone unfamiliar with the interventions made by avant-garde artists into the art world and occasionally wider society during the middle of the 20th century, this volume delivers a very readable account. The artists, the objects they made and the discussions they generated are selected here in relation to the particular practices and contexts emergent in Brazil following the chaos of World War II (during which the country remained neutral). In keeping with a historiographical approach—rather than an art historical account—the author introduces an initial group of Brazilian artists attracted to ideas concerned with the nature of the object in …
Review Of "Persuading Plato", Michael R. Jacklin
Review Of "Persuading Plato", Michael R. Jacklin
Faculty of Law, Humanities and the Arts - Papers (Archive)
Translingual writing is an aspect of literary production that is receiving increasing attention from scholars worldwide. In a recent issue of L2 Journal, editors Stephen Kellman and Natasha Lvovich argue that although translingual writing – that is, writing across languages, or writing in a language that is not the author’s first – may be as old as the earliest forms of alphabetic script, its practice has become especially widespread in contemporary culture.1 With the mass movements of peoples through the twentieth and twenty-first centuries, the works of writers who have chosen to write in a language which is not their …