Law Commons^™

What Kind Of Judge Is Supreme Court Nominee Merrick Garland?, Caren Morrison

Caren Myers Morrison

No abstract provided.

Inconsistency And Angst In District Court Resolution Of Social Security Disability Appeals, 67 Hastings Law Journal 367 (2016) (With S. Morris)., Harold J. Krent

Harold J. Krent

No abstract provided.

Jury 2.0, Caren Morrison

Caren Myers Morrison

When the Framers drafted the Sixth Amendment and provided that the accused in a criminal case would have the right to a speedy and public trial by an “impartial jury,” it is unlikely that they imagined the members of that impartial jury becoming Facebook friends during deliberations, or Googling the defendant’s name during trial. But in the past few years, such cases have increasingly been making headlines. The impact of the Internet on the functioning of the jury has generated a lot of press, but has not yet attracted scholarly attention. This article seeks to focus legal discourse on this …

66th National Law Day Celebrates By Indian National Bar Association, Amit Kumar

Amit Kumar

Global conference to coincide with the Indian Law Day celebrations, INBA is to conduct Annual Conference, titled “66th National Law Day” on November 25th to 26th, 2015 at The Shangri-La’s Eros Hotel, New Delhi. This conference proposes to bring participation from Legal Luminaries, Senior Government Officials, Legal Departments of Fortune 500 companies, International Law Firms, Senior Lawyers, business and Judges across the globe. The main goal of the conference is to provide platform for Legal Community to discuss and deliberate on several important international legal issues. Opportunities: 1. Networking with Peers. 2. Speaking Opportunity. 3. Get Inspired. 4. Meet Key …

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson

J.S. Nelson

The Answer To Trial Publicity Is A Better Question, Kevin F. Qualls

Kevin F Qualls

Free-Press/Fair-Trial contests now happen in a new media age. Judicial remedies such as change-of-venue, sequestration, jury admonitions, and gag orders were fashioned in an era that included broadcast radio and television, an emerging cable television industry, and the traditional print media of newspapers and magazines. That content was, to some degree, geographically bound and temporary. Now those judicial remedies are applied in a new media age that extends the reach of traditional media in time and space while offering interactive capability. The efficacy of these remedies is in question. This paper provides an historical overview of how judicial remedies for …

The Courts And Social Media: What Do Judges And Court Workers Think?, Patrick Keyzer, Jane Johnston, Mark Pearson, Sharon Rodrick, Anne Wallace

Jane Johnston

Brief Abstract: This article reports the findings of a research project that examined the impact and issues arising from the use of social media in court.

The Courts And Social Media: What Do Judges And Court Workers Think?, Patrick Keyzer, Jane Johnston, Mark Pearson, Sharon Rodrick, Anne Wallace

Anne Wallace Professor

Brief Abstract: This article reports the findings of a research project that examined the impact and issues arising from the use of social media in court.

Panel 3a, Mark Tushnet, Josh Blackman, Andrew Bradt, Brooke Coleman

Andrew D. Bradt

In this panel, Mark Tushnet served as commenter while the other three faculty shared the following papers: Josh Blackman - State Judicial Sovereignty) Andrew Bradt - When States Don't Blink: Managing Declaratory Relief, Parallel Litigation, and Full Faith and Credit) Brooke Coleman - Civil-izing Federalism)

Getting To Yes In Specialized Courts: The Unique Role Of Adr In Business Court Cases, Benjamin Tennille, Lee Applebaum, Anne Tucker

Anne Tucker

No abstract provided.

Making A Case For Business Courts: A Survey Of And Proposed Framework To Evaluate Business Courts, Anne Tucker

Anne Tucker

This article addresses the issues related to specialized courts, specifically focusing on business courts, and provides a comprehensive overview of the evolution of non-Delaware business courts. After addressing the theoretical assumptions of and civil justice goals served by business courts, the article proposes a framework to evaluate and measure the success of business courts by focusing on efficiency, quality of decision-making, and the perception of due process. The article surveys existing business courts and undertakes a comparative analysis of their structural elements: case subject matter, jurisdiction, minimum damages thresholds, and transfer procedures. The article then analyzes the existing programs under …

Privacy, Accountability, And The Cooperating Defendant: Towards A New Role For Internet Access To Court Records, Caren Morrison

Caren Myers Morrison

Now that federal court records are available online, anyone can obtain criminal case files instantly over the Internet. But this unfettered flow of information is in fundamental tension with many goals of the criminal justice system, including the integrity of criminal investigations, the accountability of prosecutors and the security of witnesses. It has also altered the behavior of prosecutors intent on protecting the identity of cooperating defendants who assist them in investigating other targets. As prosecutors and courts collaborate to obscure the process by which cooperators are recruited and rewarded, Internet availability, instead of enabling greater public understanding, risks degrading …

Negotiating Peremptory Challenges, Caren Morrison

Caren Myers Morrison

Peremptory challenges enable litigants to remove otherwise qualified prospective jurors from the jury panel without any showing of cause, and accordingly are often exercised on the basis of race. In Batson v. Kentucky, the Supreme Court tried to remedy the most obvious abuses by requiring that strike proponents give a “race neutral” reason for the strike, and directing trial courts to assess the credibility of the explanation. But the Batson regime has proved spectacularly unsuccessful. It has not ended racial discrimination in jury selection, nor does it adequately safeguard the rights of the excluded jurors.

One of the reasons for …

Panelist, In The Balance: Law And Politics On The Roberts Court, Kent Greenfield

Kent Greenfield

No abstract provided.

The Courts And The Media: Challenges In The Era Of Digital And Social Media, Patrick Keyzer, Jane Johnston, Mark Pearson

Jane Johnston

The jury system is under threat, as jurors turn to Google and defy instructions to stick to the evidence. The news media struggle with inconsistent suppression orders. Judges wonder how to insulate justice from Twitter and Facebook. The eminent contributors to this book are Chief Justices, journalists, News Ltd’s former CEO, legal scholars and court officials. They see the anxieties from different viewpoints - and the opportunities as well - but none are under illusions about how serious (and complex) the issues are becoming.

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …

The Confident Court, Jennifer Mason Mcaward

Jennifer Mason McAward

Despite longstanding rules regarding judicial deference, the Supreme Court’s decisions in its October 2012 Term show that a majority of the Court is increasingly willing to supplant both the prudential and legal judgments of various institutional actors, including Congress, federal agencies, and state universities. Whatever the motivation for such a shift, this Essay simply suggests that today’s Supreme Court is a confident one. A core group of justices has an increasingly self-assured view of the judiciary’s ability to conduct an independent assessment of both the legal and factual aspects of the cases that come before the Court. This piece discusses …

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”: …

Jurors And Social Media: Is A Fair Trial Still Possible?, Nancy Marder

Nancy S. Marder

No abstract provided.

The Puzzling Appeal Of Summary Judgment Denials: When Are Such Denials Reviewable?, Joan Steinman

Joan E. Steinman

No abstract provided.

Is There A Perfect Environment For A Villain And Villainess To Thrive?, Kim Weinert

Kim Weinert

Any form of a non-profit organisation possesses universal characteristics that differentiate them from being a household, a corporate or a government agency. The fundamental characteristic of non-profit organisations, which delineates them from other types of organisations, is the undercurrent of trust and altruism from the individuals in control, who achieve the organisation's charitable aims and for those individuals not to gain any personal benefits along the way. In many instances, however, the notion of charity takes a back seat to obtaining a personal benefit. The practice of opportunistic management and abusing a position of trust by individual/s within a non-profit …

Class Denied! Go Directly To State Court. Do Not Pass Go, Do Not Collect $200, Kevin Dulaney

Kevin Dulaney

No abstract provided.

William B. Patterson Memorial Lecture: As Health Care Reform Evolves, What Is Our Role?, Dean Hashimoto

Dean M. Hashimoto

Honorary lecture awarded in recognition of national expertise in occupational health

Chronic Pain Treatment: Massachusetts As A Case Study, Dean Hashimoto

Dean M. Hashimoto

A lecture given as part of a session entitled Dealing with Chronic Pain Under the New Guidelines.

Faculty Colloquia, Fall 2008 Series, Anne Coughlin, Amanda Frost, David Herring, Gregory Klass, Juan Perea

Juan F. Perea

No abstract provided.

Putting Guidelines Into Practice: The Case Of Partners Healthcare, Dean Hashimoto

Dean M. Hashimoto

A lecture given at the Harvard School of Public Health on the role of health promotion and wellness programs in workplaces.

Massachusetts Chronic Pain Guideline, Dean Hashimoto

Dean M. Hashimoto

A presentation on the new clinical pain treatment guideline in workers' compensation.

Clinical Management Of Chronic Pain And Narcotics, Dean Hashimoto

Dean M. Hashimoto

A lecture given at a conference on absence management in workplaces.

Chronic Pain Guidelines In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

A lecture given on new chronic pain clinical guidelines in workers' compensation at the Workers' Compensation National Conference.

The Role Of Employer-Based Health Insurance In Health Care Reform, Dean Hashimoto

Dean M. Hashimoto

A BC Law Brown Bag presentation on employer health insurance.