Law Commons^™

Amicus Brief In "Robincheaux V. Caldwell", Tanya Washington, Catherine Smith, Susannah Pollvogt

Tanya Monique Washington

No abstract provided.

Documenting Law: Reality & Representation On Trial, 39 Lincoln L. Rev. 1 (2012), Cynthia Bond

Cynthia D. Bond

No abstract provided.

Model No More: Querulent Behaviour, Vexatious Litigants And The Vexatious Proceedings Act 2005 (Qld), Narelle Bedford, Monica Taylor

Narelle Bedford

This article examines the history and development of vexatious proceedings legislation in Queensland. It undertakes a case study of declared vexatious litigants and analyses the effectiveness of a legislative response. In light of recent national and international reforms, this article argues that the current legislative approach to dealing with vexatious proceedings in Queensland is no longer model and requires reformulation. It asserts that a system of graduated litigation limitation orders would provide for a more nuanced response to the issue of vexatious and querulous behaviour. The article concludes by emphasising the value of a multidimensional approach which includes practical, early …

American Pipe Tolling: Assessing Outer Limits And Avoiding Bright Lines, Tanya Pierce

Tanya Pierce

No abstract provided.

Class Action Tolling Issues, Tanya Pierce

Tanya Pierce

No abstract provided.

Cross-Jurisdictional Tolling, Tanya Pierce

Tanya Pierce

No abstract provided.

How Expanded Pretrial Consolidation Can Discourage Duplicative Litigation And Facilitate Global Settlements In Mass Torts, Tanya Pierce

Tanya Pierce

No abstract provided.

Auctioning Class Settlements, Jay Tidmarsh

Jay Tidmarsh

Although they promise better deterrence at a lower cost, class actions are infected with problems that can keep them from delivering on this promise. One of these problems is the issue of agency cost, in which the agents of the class (the class representative and class counsel) advance their own interests at the expense of the class. Controlling agency cost, which often manifests itself at the time of settlement, has been the impetus behind a number of class-action reform proposals.

This Essay develops an idea that, in conjunction with reforms in fee structure and opt-out rights, controls agency costs at …

Resurrecting Trial By Statistics, Jay Tidmarsh

Jay Tidmarsh

“Trial by statistics” was one means by which a court could resolve a large number of aggregated claims: a court could try a random sample of claim, and extrapolate the average result to the remainder. In Wal-Mart, Inc. v. Dukes, the Supreme Court seemingly ended the practice at the federal level, thus removing from judges a tool that made mass aggregation more feasible.

After examining the benefits and drawbacks of trial by statistics, this Article suggests an alternative that harnesses many of the positive features of the technique while avoiding its major difficulties. The technique is the “presumptive judgment”: …

Procedures For Challenging Arbitrators: Lessons For And From Taiwan, Winnie Ma

Winnie Ma

The parties to arbitration may challenge their arbitrators for genuine reasons, such as lack of impartiality, independence or competence. However, the parties may also misuse or abuse the challenge procedures as dilatory (and even as guerrilla) tactics. Ideally, the procedures for challenging arbitrators should uphold arbitral integrity and legitimacy without unduly compromising arbitral expediency and efficiency. This article explores two controversies concerning the arbitrator challenge procedures. First, who should decide on the challenge - the arbitral tribunal including or excluding the challenged arbitrators, or a separate and neutral entity such as an arbitral institution? Second, should the arbitral proceedings continue …

Padilla Postconviction Claims In Florida: Squaring Chaidez, Hernandez And Castaño, Rebecca Sharpless, Andrew Stanton

Rebecca Sharpless

In Padilla v. Kentucky, the U.S. Supreme Court ruled that the Sixth Amendment requires defense attorneys to counsel their noncitizen clients about the immigration consequences of a plea. Padilla had pled guilty in state court to a drug crime and, after his conviction became final, filed a state postconviction motion alleging that his attorney rendered ineffective assistance of counsel by failing to advise him that his plea would trigger deportation. In holding that Padilla was entitled to competent advice regarding the consequences of his plea, the Court recognized what professional norms have required for at least the last two decades. …

Litigating In Federal Court: A Guide To The Rules, Ann Woodley

Ann Woodley

No abstract provided.

Speaker, “Litigating Religion”, Michael Helfand

Michael A Helfand

No abstract provided.

Speaker, “Litigating Religion”, Michael Helfand

Michael A Helfand

No abstract provided.

Speaker, “Litigating Religion”, Michael Helfand

Michael A Helfand

No abstract provided.

Speaker, “Litigating Religion”, Michael Helfand

Michael A Helfand

No abstract provided.

Speaker, “Litigating Religion”, Michael Helfand

Michael A Helfand

No abstract provided.

Expressly Authorizing Injunctions Under The Multidistrict Litigation Statute, Tanya Pierce

Tanya Pierce

No abstract provided.

Speaker, “Litigating Religion”, Michael Helfand

Michael A Helfand

No abstract provided.

Anti-Injunction Act And Injunctions Under The Multidistrict Litigation Statute, Tanya Pierce

Tanya Pierce

No abstract provided.

Throw The Book At Them: Testing Mortgagor Remedies In Foreclosure Proceedings After U.S. Bank V. Ibanez, Claire Ward

Claire Alexis Ward

This article takes one state, Massachusetts, as its focus for a perspective on the residential mortgage foreclosure crisis. U.S. Bank v. Ibanez, in early 2011, signaled a changing tide which began to hold banks accountable for the shoddy practices they frequently used to foreclose. However, the promise of Ibanez was unfulfilled as successor cases failed to follow through with its vision. Mortgagor actions brought in the trial courts to prevent foreclosure have been unsuccessful with the elemental actions based in consumer protection, contract, and equity. However, this article proposes new and novel solutions to force banks to be held accountable …

Speaker, “Litigating Religion”, Michael Helfand

Michael A Helfand

No abstract provided.

The Way To Carnegie: Practice, Practice, Practice, Alan Minuskin

Alan D. Minuskin

Along with colleagues on the clinical faculty at Boston College Law School, I organized a day-long symposium on the need for reforms in legal education in the United States. I also served as moderator of one of the three panel presentations that comprised the conference. The particular subject matter of the panel I moderated was the value of clinical pedagogy in legal education with special attention to differences in models employed and proposed at leading U.S. law schools.

Tenants' Rights In Massachusetts, Alan Minuskin

Alan D. Minuskin

This was a presentation that I give three times a year to participants in a program operated by WATCH and a group from Brandeis University about tenants' legal rights in Massachusetts, as well as ethical guidelines governing the assistance they may provide to those they serve.

The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes

Henry S. Noyes

With its decisions in Twombly and Iqbal, the Supreme Court established a new federal pleading standard: a complaint must state a plausible claim for relief. Many commentators have written about the meaning of plausibility. None has focused on the Court’s statement that “[d]etermining whether a complaint states a plausible claim for relief...will be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” In this article, I make and support several claims about the meaning and application of judicial experience. First, in order to understand and define the plausibility standard, one must understand …

Drafting Mediated Agreements In Summary Process, Alan Minuskin

Alan D. Minuskin

Mediating landlord-tenant disputes is challenging work, but because of the inherent complexity of the law, particularly procedural requirements, the drafting of a mediated agreement demands both legal and verbal agility. The consequence of mistakes is the unraveling of a carefully constructed accord. Technique that takes into consideration both legal requirements and human behavior is necessary to prevent further disputes.

Basic Housing Law In Massachusetts, Alan Minuskin

Alan D. Minuskin

No abstract provided.

The Law Of Surrogacy, Alan Minuskin

Alan D. Minuskin

Professionals who work with elders, as well as elders themselves, need to know fundamentally what devices are available under local law to help protect and advance the rights of a potentially unavailable or incapacitated person. The law on these matters is clear, but the ethical implications are messy.

Challenges In Mediating Landlord-Tenant Disputes, Alan Minuskin

Alan D. Minuskin

Mediating landlord-tenant disputes presents many of the same mixture of interpersonal, legal, factual, strategic, and ethical dimension as other community-leve disputes, like family and employment mediation. The law is complex, the relationships between the parties are ongoing and may survive the dispute. A special skill set is needed to perform this work effectively.

Speaker, “Case Update And Analysis: Matter Of Nachum Brisman V. Hebrew Academy”, Michael Helfand

Michael A Helfand

No abstract provided.