Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (49)
- Civil Procedure (48)
- Courts (48)
- Law and Society (48)
- Environmental Law (46)
-
- Health Law and Policy (46)
- Civil Rights and Discrimination (45)
- Intellectual Property Law (45)
- Torts (45)
- Public Law and Legal Theory (44)
- Civil Law (43)
- International Law (43)
- Law and Race (43)
- Natural Resources Law (43)
- Water Law (43)
- Dispute Resolution and Arbitration (42)
- Energy and Utilities Law (42)
- Food and Drug Law (42)
- Human Rights Law (42)
- International Trade Law (42)
- Land Use Law (42)
- Law of the Sea (42)
- Legal Profession (42)
- Legal Remedies (42)
- Oil, Gas, and Mineral Law (42)
- Supreme Court of the United States (42)
- Agriculture Law (41)
- Bankruptcy Law (41)
- Institution
-
- Seattle University School of Law (38)
- Suffolk University (9)
- American University Washington College of Law (4)
- Mercer University School of Law (3)
- Northwestern Pritzker School of Law (3)
-
- Washington and Lee University School of Law (3)
- Yeshiva University, Cardozo School of Law (3)
- Brooklyn Law School (2)
- Georgetown University Law Center (2)
- The Catholic University of America, Columbus School of Law (2)
- University of Cincinnati College of Law (2)
- University of Michigan Law School (2)
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- Association of Arab Universities (1)
- Emory University School of Law (1)
- Fordham Law School (1)
- Liberty University (1)
- Maurer School of Law: Indiana University (1)
- Mississippi College School of Law (1)
- Mitchell Hamline School of Law (1)
- Pepperdine University (1)
- SJ Quinney College of Law, University of Utah (1)
- Texas A&M University School of Law (1)
- The Peter A. Allard School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Colorado Law School (1)
- University of Georgia School of Law (1)
- University of North Carolina School of Law (1)
- Wayne State University (1)
- Keyword
-
- Law (10)
- Affirmative Action (6)
- SFFA (6)
- Diversity (5)
- Litigation (5)
-
- Environmental law (4)
- Civil procedure (3)
- Federal Rules of Civil Procedure (3)
- Supreme Court (3)
- ADR (2)
- Civil rights (2)
- Climate Change (2)
- Corporate Law (2)
- Corporate law (2)
- Delaware (2)
- ESG (2)
- Education (2)
- Environmental justice (2)
- Equality (2)
- Evidence (2)
- Health law (2)
- International law (2)
- Justice (2)
- MDL (2)
- Multidistrict litigation (2)
- Nonbinding arbitration (2)
- Opioids (2)
- Race (2)
- Securities Law (2)
- Stakeholder Governance (2)
- Publication
-
- Seattle University Law Review (38)
- Suffolk Journal of Trial and Appellate Advocacy (9)
- Sustainable Development Law & Policy (4)
- Mercer Law Review (3)
- Northwestern University Law Review (3)
-
- Washington and Lee Law Review (3)
- Brooklyn Law Review (2)
- Catholic University Law Review (2)
- Flyers 2023-2024 (2)
- Georgetown Law Faculty Publications and Other Works (2)
- University of Cincinnati Law Review (2)
- Vanderbilt Law Review (2)
- Villanova Environmental Law Journal (2)
- All Faculty Publications (1)
- An-Najah University Journal for Research - B (Humanities) (1)
- Articles (1)
- Emory Law Journal (1)
- Faculty Publications (1)
- Faculty Scholarship (1)
- Fordham Law Review (1)
- Indiana Journal of Law and Social Equality (1)
- Library Scholarly Publications (1)
- Michigan Law Review (1)
- Mississippi College Law Review (1)
- Mitchell Hamline Law Journal of Public Policy and Practice (1)
- Pepperdine Law Review (1)
- Reviews (1)
- Scholarly Works (1)
- Senior Honors Theses (1)
- Touro Law Review (1)
- Publication Type
Articles 1 - 30 of 93
Full-Text Articles in Litigation
Trying Out The Electronic Case Management System In The Uae And Its Compliance With Fundamental Judicial Guarantees, Abdulla A. Alkhatib
Trying Out The Electronic Case Management System In The Uae And Its Compliance With Fundamental Judicial Guarantees, Abdulla A. Alkhatib
An-Najah University Journal for Research - B (Humanities)
This study considers the Electronic Case Management System (ECMS) and the challenges it faces in achieving basic litigation guarantees, according to the legislation of the UAE, and comparing them with the practices followed by the judicial authorities. The importance of the study lies in the fact that electronic justice has replaced the traditional justice system, where all procedures from registering the case, submitting memoranda, conducting trials, issuing judgments, appealing, and implementing them are carried out through it remotely. This raised the question about the extent to which ECMS provides basic litigation guarantees, specifically the principles of equality, confrontation, defense, and …
A Toothless Tcpa: An Analysis Of Article Iii Standing, Personal Jurisdiction, And The Disjuncture Problem’S Impact On The Efficacy Of The Telephone Consumer Protection Act, Sebastian W. Johnson
A Toothless Tcpa: An Analysis Of Article Iii Standing, Personal Jurisdiction, And The Disjuncture Problem’S Impact On The Efficacy Of The Telephone Consumer Protection Act, Sebastian W. Johnson
University of Cincinnati Law Review
No abstract provided.
Class Actions, Thomas M. Byrne, Stacey Mcgavin Mohr
Class Actions, Thomas M. Byrne, Stacey Mcgavin Mohr
Mercer Law Review
The United States Court of Appeals for the Eleventh Circuit’s 2023 class-action decisions continued to grapple with Article III standing requirements while also demonstrating, in two decisions, the court’s longstanding generally permissive posture toward approval of class-action settlements. A significant deviation from the latter tendency is the court’s increasingly isolated position on payment of incentive awards to class representatives. Alone among the circuits, the court prohibits such payments, creating an inter-circuit conflict that seems inevitably headed to the Supreme Court. In the meantime, within the circuit, class counsel face a unique hurdle in crafting settlements and dealing with class representatives.
Trial Practice And Procedure, John O'Shea Sullivan, Leesa M. Guarnotta
Trial Practice And Procedure, John O'Shea Sullivan, Leesa M. Guarnotta
Mercer Law Review
The 2023 Survey period yielded important trial practice decisions in the United States Court of Appeals for the Eleventh Circuit ranging from overruling long‑standing precedent relating to arbitration and issuing opinions of first impression relating to attempts to limit arbitration, attempts to limit copyright infringement remedies, what makes a statutory provision “jurisdictional,” and contracting around statutory interest rates. This Article analyzes some of this Survey period’s notable and first impression opinions in the Eleventh Circuit but is not intended to be an exhaustive discussion of the Eleventh Circuit’s important decisions during the Survey period.
No Sword, No Shield, No Problem: Ai In Pro Se Section 1983 Suits, Michaela Calhoun
No Sword, No Shield, No Problem: Ai In Pro Se Section 1983 Suits, Michaela Calhoun
University of Colorado Law Review Forum
Originating during the Reconstruction era, 42 U.S.C. 1983 emerged as a legislative tool to safeguard individuals’ constitutional rights and liberties. Initially designed to combat state-sanctioned violence, its efficacy has been eroded over time by subsequent judicial and legislative action. Unfortunately, the current state of Section 1983 falls short of this envisioned role, particularly for incarcerated individuals who find themselves navigating the complexities of the federal court system as pro se litigants.
Faced with a landscape devoid of resources, incarcerated individuals struggle to realize their constitutional rights, further perpetuating their collective status as a second-class citizenry—a status imposed by their own …
The Unconstitutionality Of Underfunded Public Defender Systems, Braden Daniels
The Unconstitutionality Of Underfunded Public Defender Systems, Braden Daniels
Senior Honors Theses
When a defendant is ineffectively represented by a public defender due to an underfunded public defender system, a defendant whose public defender provides him only cursory representation is entitled to a new trial only if blatantly innocent. The U.S. Supreme Court should follow its precedent and declare systemically underfunded public defender systems unconstitutional, with cases meriting reversal when the underfunding is to blame for unreasonable attorney errors, regardless of prejudice. This stems logically from the Court’s holdings in Gideon v. Wainwright, Strickland v. Washington, and United States v. Cronic. Many have argued for the reversal or modification …
Toward Accessing Hiv-Preventative Medication In Prisons, Scott Shimizu
Toward Accessing Hiv-Preventative Medication In Prisons, Scott Shimizu
Northwestern University Law Review
The Eighth Amendment is meant to protect incarcerated individuals against harm from the state, including state inaction in the face of a known risk of harm. While the Eighth Amendment’s protection prohibits certain prison disciplinary measures and conditions of confinement, the constitutional ambit should arguably encompass protection from the serious risk of harm of sexual assault, as well as a corollary to sexual violence: the likelihood of contracting a deadly sexually transmitted infection like HIV. Yet Eighth Amendment scholars frequently question the degree to which the constitutional provision actually protects incarcerated individuals.
This Note draws on previous scholarship on cruel …
Preliminary Injunctions Prevail Through The Winter Of Buckhannon, Kaitlan Donahue
Preliminary Injunctions Prevail Through The Winter Of Buckhannon, Kaitlan Donahue
Northwestern University Law Review
The Civil Rights Attorney’s Fees Awards Act of 1976 allows courts to award attorneys’ fees to the “prevailing party” in any “action or proceeding” enforcing several civil rights-related statutes. Yet, this statute fails to define the term “prevailing party,” leaving the courts to define it over time. The Supreme Court’s piecemeal, vague definitions of “prevailing party” have only complicated the legal landscape and caused more uncertainty for potential plaintiffs and their prospective attorneys. Without the relief offered by recovery of attorneys’ fees, private litigants may be dissuaded from pursuing meritorious litigation due to overwhelming costs of representation, and attorneys may …
The State Of 2nd Amendment Litigation: A Conversation With Everytown Law On U.S. V. Rahimi, Cardozo Public Interest Law Student Association, Cardozo American Constitution Society (Acs)
The State Of 2nd Amendment Litigation: A Conversation With Everytown Law On U.S. V. Rahimi, Cardozo Public Interest Law Student Association, Cardozo American Constitution Society (Acs)
Flyers 2023-2024
No abstract provided.
The "Inherent Powers" Of Multidistrict Litigation Courts, Lynn A. Baker
The "Inherent Powers" Of Multidistrict Litigation Courts, Lynn A. Baker
Pepperdine Law Review
Mass tort multidistrict litigations (MDLs) involving thousands of claims present the judge with unique management issues. The MDL statute, in its scant two pages enacted in 1968, offers no guidance for the proper handling of these issues, and the Federal Rules of Civil Procedure speak to these issues only very generally through Rules 16 and 42. Thus, MDL judges have often invoked their “inherent powers” as authority when they take certain actions with significant implications for the parties and their attorneys. Not surprisingly, several of these actions and their underlying justifications have been controversial: (a) appointing lead attorneys; (b) ordering …
Mass Tort Bankruptcy Goes Public, William Organek -- Assistant Professor Of Law
Mass Tort Bankruptcy Goes Public, William Organek -- Assistant Professor Of Law
Vanderbilt Law Review
Large companies like 3M, Johnson & Johnson, Purdue Pharma, and others have increasingly, and controversially, turned from multidistrict litigation to bankruptcy to resolve their mass tort liability. While corporate attraction to bankruptcy’s unique features partially explains this evolution, this Article reveals an underexamined driver of this trend and its startling results: government intervention. Governments increasingly intervene in high-profile bankruptcies, forcing firms into insolvency and dictating the outcomes in their bankruptcy cases. Using several case studies, this Article demonstrates why bankruptcy law should subject such governmental actions to greater scrutiny and procedural protections. Governments often assume multiple incompatible roles in these …
The Antidote Of Free Speech: Censorship During The Pandemic, Christopher Keleher
The Antidote Of Free Speech: Censorship During The Pandemic, Christopher Keleher
Catholic University Law Review
Free speech in America stands at a precipice. The nation must decide if the First Amendment protects controversial, unconventional, and unpopular speech, or only that which is mainstream, fashionable, and government-approved. This debate is one of many legal battles brought to the fore during Covid-19. But the fallout of the free speech question will transcend Covid-19.
During the pandemic, the federal government took unprecedented steps to pressure private entities to push messages it approved and squelch those it did not. The Supreme Court will soon grapple with the issue of censorship during the pandemic. This article examines this litigation, along …
Emerging School Finance Litigation In Mississippi, Lajuana Davis
Emerging School Finance Litigation In Mississippi, Lajuana Davis
Mississippi College Law Review
This year marks the twentieth anniversary of the implementation of Mississippi's education funding statute, the Mississippi Adequate Education Program (MAEP), which requires the state to fully fund public elementary and secondary education. In those two decades, Mississippi has largely avoided the education finance lawsuits faced by other states, despite the state legislature having only fully funded MAEP twice since its enactment. Although courts have been reluctant to push state legislatures to increase funding to achieve greater equity and adequacy of public school education, some plaintiffs have been successful in reforming education finance laws in other states. Recently, and for the …
Inadequate Adequacy?: Empirical Studies On Class Member Preferences Of Class Counsel, Alissa Del Riego, Joseph Avery
Inadequate Adequacy?: Empirical Studies On Class Member Preferences Of Class Counsel, Alissa Del Riego, Joseph Avery
Utah Law Review
Class members to date have been completely sidelined in class litigation. Representational notice is one way to provide them with a voice and a seat at the table (albeit a distant one). However, we note that expressing unmandated preferences does not solve the agency problem that exists in these actions, nor does it guarantee that class counsel is necessarily operating in class members’ best interests during the course of the litigation or in any settlement, even armed with useful ex ante information. Much is left to be explored as to whether class members are satisfied with the representation they received …
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi
Sustainable Development Law & Policy
Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar
Sustainable Development Law & Policy
This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Sustainable Development Law & Policy
The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …
Editor's Note, Shade Streeter, Reagan Ferris
Editor's Note, Shade Streeter, Reagan Ferris
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
The Mismatched Goals Of Bankruptcy And Mass Tort Litigation, Maureen Carroll
The Mismatched Goals Of Bankruptcy And Mass Tort Litigation, Maureen Carroll
Reviews
By the end of this Term, SCOTUS must decide what to do about the mammoth Purdue Pharma bankruptcy settlement. If allowed to go forward, the $10 billion deal will not only resolve claims against the company, it will shield the Sackler family—the company’s former owners—from any further liability for their role in the opioid crisis. The deal has generated a great deal of discussion, much of it focused on the legality and wisdom of that third-party release. The authors of Against Bankruptcy take a broader view, asking a set of critical questions about the proper role of bankruptcy in the …
Charting Your Legal Course: Preparing For Oci And Interviews, Cardozo Black Law Students Association, Cardozo Latin American Law Student Association (Lalsa), Cardozo Minority Law Student Alliance (Mlsa)
Charting Your Legal Course: Preparing For Oci And Interviews, Cardozo Black Law Students Association, Cardozo Latin American Law Student Association (Lalsa), Cardozo Minority Law Student Alliance (Mlsa)
Flyers 2023-2024
No abstract provided.
A Heuristic Approach To Solving Complex Litigation Problems, Melanie L. Oxhorn
A Heuristic Approach To Solving Complex Litigation Problems, Melanie L. Oxhorn
University of Cincinnati Law Review
This Article’s purpose is to propose a heuristic for effectively resolving complex litigation problems that are not clearly or concisely defined, do not present any immediate solutions, frequently involve novel situations or applications of legal doctrine, and suggest a variety of possible approaches. The features of this heuristic are derived from and compatible with what we know about good scientific theories and cognitive studies on acquiring knowledge and expertise in any area. As proposed herein, students and less experienced practitioners should focus on developing “critical thinking” skills allowing them to use their training and experience to become adept at identifying …
A New Private Law Of Policing, Cristina Carmody Tilley
A New Private Law Of Policing, Cristina Carmody Tilley
Brooklyn Law Review
American law and American life are asymmetrical. Law divides neatly in two: public and private. But life is lived in three distinct spaces: pure public, pure private, and hybrid middle spaces that are neither state nor home. Which body of law governs the shops, gyms, and workplaces that are formally accessible to all, but functionally hostile to Black, female, poor, and other marginalized Americans? From the liberal midcentury onward, social justice advocates have treated these spaces as fundamentally public and fully remediable via public law equity commands. This article takes a broader view. It urges a tort law revival in …
Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, Zach Islam
Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, Zach Islam
Brooklyn Law Review
Historically, federal courts have used the “adverse employment action” test in Title VII disparate treatment, disparate impact, and retaliation cases to determine whether a plaintiff has suffered adequate harm. This note argues that this approach is fundamentally flawed. At the outset, the test is a judicial power grab with no support in the statutory language. What is more, it fails to uphold the plain policy purposes for Title VII by largely ignoring evidence of discriminatory acts in the workplace that Congress sought to prevent in passing the statute. Consequently, Title VII plaintiffs get the short end of the stick with …
Efficiency At The Price Of Accuracy: The Case For Assigning Mdls To Multiple Districts And Circuits, Isaak Elkind
Efficiency At The Price Of Accuracy: The Case For Assigning Mdls To Multiple Districts And Circuits, Isaak Elkind
Vanderbilt Law Review
28 U.S.C. § 1407 allows for the centralization of unique cases into a single forum for pretrial purposes. The product is multidistrict litigation, known colloquially as the “MDL.” While initially conceived as a means of increasing efficiency for only particularly massive, complex litigation, MDLs have become pervasive. Today, over fifteen percent of all civil litigation—and fifty percent of all federal civil litigation—is consolidated into MDLs. Yet, MDLs are commonly overconsolidated, such that only one judge presides over hundreds, thousands, or even hundreds of thousands of individual cases at a time. Fewer than three percent of such cases return to their …
(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson
(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson
Fordham Law Review
Can rights litigation meaningfully advance social change in this moment? Many progressive or social justice legal scholars, lawyers, and advocates would argue “no.” Constitutional decisions issued by the U.S. Supreme Court thwart the aims of progressive social movements. Further, contemporary social movements often decenter courts as a primary domain of social change. In addition, a new wave of legal commentary urges progressives to de-emphasize courts and constitutionalism, not simply tactically but as a matter of democratic survival.
This Essay considers the continuing role of rights litigation, using the litigation over race-conscious affirmative action as an illustration. Courts are a key …
Prior Racist Acts And The Character Evidence Ban In Hate Crime Prosecutions, Paul F. Rothstein, Ronald J. Coleman
Prior Racist Acts And The Character Evidence Ban In Hate Crime Prosecutions, Paul F. Rothstein, Ronald J. Coleman
Georgetown Law Faculty Publications and Other Works
The killing of unarmed African-American Ahmaud Arbery and others ignited a wave of public outrage and re-focused attention on race and the criminal justice system. During the recent federal hate crimes proceedings for Arbery’s death, the prosecution introduced evidence relating to the alleged past racist acts of the defendants. This type of evidence may be seen as highly probative and desperately needed to do justice in hate crimes cases. On its face, however, such type of evidence appears to be inadmissible owing to the well-known—but little understood— evidentiary ban on character evidence prescribed in Federal Rule of Evidence 404(b) and …
Pick Your Poison: Opioids Following The Trends Set By Alcohol And Tobacco Litigation, Luckshume Ketheeswaran
Pick Your Poison: Opioids Following The Trends Set By Alcohol And Tobacco Litigation, Luckshume Ketheeswaran
Mercer Law Review
Parents, children, and siblings of opioid abusers argued that three large-scale, drug distributors improperly supplied opioids to pharmacies, leading to “abuse of the drugs and the fallout that abuse brought with it.”3 Further, they argued that profit-driven distributors willingly and recklessly “flooded” the city of Brunswick and Glynn County with opioids. Even so, the jury found against the plaintiffs; though potentially sympathetic to the lives ruined by opioids, the jury remained unconvinced that all liability fell on the distributors.
On March 1, 2023, the jury found for the three, large‑scale drug distributors, finding the defendants neither liable under Georgia’s Drug …
Making Sense Of Abatement As A Tort Remedy, Anthony J. Sebok
Making Sense Of Abatement As A Tort Remedy, Anthony J. Sebok
Articles
Controversy over public nuisance in recent high profile cases invites the question of whether, and to what extent, it is limited by its roots in tort law. This article, which was prepared for the 2023 Clifford Symposium on “New Torts” focuses on causes of action in which the state seeks to enjoin the defendant by requiring that it abate the consequences of the invasion of a public right. In the most controversial of these public nuisance actions, such as lead paint and opioids, the wrongful conduct that is remedied by the injunctive relief has already ceased, and the state does …
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler
Villanova Environmental Law Journal
No abstract provided.
Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act, Alexandra M. George
Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act, Alexandra M. George
Villanova Environmental Law Journal
No abstract provided.