Washington University School of Law
Cornell Law School
Indiana University Maurer School of Law
Case Western University School of Law
International Labor Organization
Pepperdine University
University of Arkansas at Little Rock William H. Bowen School of Law
Pacific McGeorge School of Law
UIC John Marshall Law School
International Litigation,
2021
Southern Methodist University
International Litigation, Andrew Marr Page, Jonathan I. Blackman, Carmine D. Boccuzzi, Erin Lawrence, Phillip B. Dye Jr., Matthew D. Slater, Howard S. Zelbo, Charles A. Patrizia, Joseph R. Profaizer, Igor V. Timofeyev
The Year in Review
No abstract provided.
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding,
2021
University of Mississippi
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Honors Theses
The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has ...
Bipa: What Does It Stand For?,
2021
Chicago-Kent College of Law
Bipa: What Does It Stand For?, Paige Smith
Chicago-Kent Law Review
No abstract provided.
The Current State Of Punitive Damages In Environmental Litigation: An Examination Of North American Bmw V. Gore,
2021
University of Kentucky
The Current State Of Punitive Damages In Environmental Litigation: An Examination Of North American Bmw V. Gore, Andrew L. Sparks
Journal of Natural Resources & Environmental Law
No abstract provided.
The Federal Rule Of Civil Procedure 37(E) And Achieving Uniformity Of Case Law On Sanctions For Esi Spoliation: Focusing On The “Intent To Deprive” Culpability Under Rule 37(E)(2),
2021
The Catholic University of America, Columbus School of Law
The Federal Rule Of Civil Procedure 37(E) And Achieving Uniformity Of Case Law On Sanctions For Esi Spoliation: Focusing On The “Intent To Deprive” Culpability Under Rule 37(E)(2), Jung Won Jun, Rockyoun Ihm
Catholic University Law Review
Federal Rule of Civil Procedure 37(e) was adopted in 2015 primarily to resolve the circuit split and promote uniformity of case law on ESI (electronically stored information) spoliation sanctions. This Article examines relevant case law under the new Rule 37(e) and finds that courts have treated similar spoliation conduct differently due to the lack of a clear standard for finding the spoliator's intent to deprive another party of the use of the destroyed ESI at issue. This inconsistency has been exacerbated by the courts’ inconsistent reliance on their inherent authority to sanction based on bad faith analyses ...
Farmer Cooperatives "Take Cover": The Capper-Volstead Exemption Is Under Siege,
2021
Porter Wright Morris & Arthur
Farmer Cooperatives "Take Cover": The Capper-Volstead Exemption Is Under Siege, Donald M. Barnes, Jay L. Levine
Arkansas Law Review
"When tillage begins, other arts follow. The farmers, therefore, are the founders of human civilization." There can be little dispute that food production is of vital interest to any nation’s security and economy. For this reason, the United States Congress, like many other legislatures around the world, has accorded special treatment to the agricultural industry, and particularly to farmers. One example of this special treatment is the Capper-Volstead Act, which provides farmers with immunity from antitrust liability for joint conduct undertaken by and through an “association” of producers.
Remote Court: Principles For Virtual Proceedings During The Covid-19 Pandemic And Beyond,
2021
Northwestern Pritzker School of Law
Remote Court: Principles For Virtual Proceedings During The Covid-19 Pandemic And Beyond, Alicia L. Bannon, Douglas Keith
Northwestern University Law Review
Across the country, courts at every level have relied on remote technology to adapt the justice system to a once-a-century global pandemic. This Essay describes and assesses this unprecedented journey into virtual justice, paying particular attention to eviction proceedings. While many judges have touted remote court as a revolutionary innovation, the reality is more complex. Remote court has brought substantial time savings and convenience to those who are able to access and use the required technology, but it has also posed hurdles to individuals on the other side of the digital divide, particularly self-represented litigants. The remote court experience has ...
Third-Party Standing And Abortion Providers: The Hidden Dangers Of June Medical Services,
2021
Northwestern Pritzker School of Law
Third-Party Standing And Abortion Providers: The Hidden Dangers Of June Medical Services, Elika Nassirinia
Northwestern Journal of Law & Social Policy
Standing is a long held, judicially-created doctrine intended to establish the proper role of courts by identifying who may bring a case in federal court. While standing usually requires that a party asserts his or her own rights, the Supreme Court has created certain exceptions that allow litigants to bring suit on behalf of third parties when they suffer a concrete injury, they have a “close relation” to the third party, and there are obstacles to the third party's ability to protect his or her own interests. June Medical Services, heard by the Supreme Court on June 29, 2020 ...
Criminal Advisory Juries: A Sensible Compromise For Jury Sentencing Advocates,
2021
Northwestern Pritzker School of Law
Criminal Advisory Juries: A Sensible Compromise For Jury Sentencing Advocates, Kurt A. Holtzman
Northwestern Journal of Law & Social Policy
Supreme Court Justice Neil Gorsuch recently noted that “juries in our constitutional order exercise supervisory authority over the judicial function by limiting the judge’s power to punish.” Yet in the majority of jurisdictions, contemporary judge-only sentencing practices neuter juries of their supervisory authority by divorcing punishment from guilt decisions. Moreover, without a chance to voice public disapproval at sentencing, juries are muted in their ability to express tailored, moral condemnation for distinct criminal acts. Although the modern aversion to jury sentencing is neither historically nor empirically justified, jury sentencing opponents are rightly cautious of abdicating sentencing power to laypeople ...
Preserving The Citizen Suit Provision: Citizens For A Better Environment V. The Steel Company,
2021
University of Kentucky
Preserving The Citizen Suit Provision: Citizens For A Better Environment V. The Steel Company, Rebecca L. Justice
Journal of Natural Resources & Environmental Law
No abstract provided.
Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida,
2021
United States Air Force
Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida, Jefferson D. Reynolds
Journal of Natural Resources & Environmental Law
No abstract provided.
Confessions Of A Catholic Litigator,
2021
University of St. Thomas, Minnesota
Confessions Of A Catholic Litigator, David A. Shaneyfelt
University of St. Thomas Law Journal
No abstract provided.
Confrontation's Multi-Analyst Problem,
2021
Georgetown University Law Center
Confrontation's Multi-Analyst Problem, Paul F. Rothstein, Ronald J. Coleman
Georgetown Law Faculty Publications and Other Works
The Confrontation Clause in the Sixth Amendment affords the “accused” in “criminal prosecutions” the right “to be confronted with the witnesses against” them. A particular challenge for courts over at least the last decade-plus has been the degree to which the Confrontation Clause applies to forensic reports, such as those presenting the results of a DNA, toxicology, or other CSI-type analysis. Should use of forensic reports entitle criminal defendants to confront purportedly “objective” analysts from the lab producing the report? If so, which analyst or analysts? For forensic processes which require multiple analysts, should the prosecution be required to produce ...
The Exhibit, The Litigation Center Newsletter - Spring 2021,
2021
Golden Gate University School of Law
The Exhibit, The Litigation Center Newsletter - Spring 2021, Golden Gate University School Of Law
Litigation Center at Golden Gate University School of Law
No abstract provided.
A Comparison Of Public Defenders Vs. Private Attorneys,
2021
Merrimack College
A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello
Honors Senior Capstone Projects
This study seeks to determine whether there are any differences in conviction rates or client satisfaction between public defenders and private attorneys in state or federal courts. Although researchers have spent time examining differences between attorney type and client satisfaction or conviction rates, little information exists on the assessment of attorney type in the federal system. The study will consist of a two-part survey with approximately twenty-seven closed-ended questions about client satisfaction, conviction, court, and attorney type. The target population will be any criminal defendant in federal or state court with an attorney. In this study, the sampling method will ...
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021,
2021
Roger Williams University School of Law
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Life of the Law School (1993- )
No abstract provided.
Brief Of Amici Curiae Scholars Of The Law Of Non-Profit Organizations In Support Of Respondent: Americans For Prosperity Foundation V. Matthew Rodriguez, Nos. 19-251 & 19-255,
2021
Loyola Law School Los Angeles
Brief Of Amici Curiae Scholars Of The Law Of Non-Profit Organizations In Support Of Respondent: Americans For Prosperity Foundation V. Matthew Rodriguez, Nos. 19-251 & 19-255, Ellen P. Aprill, Roger Colinvaux, Sean Delany, James Fishman, Brian D. Galle, Philip Hackney, Jill R. Horwitz, Cindy Lott, Ray D. Madoff, Jill S. Manny, Nancy A. Mclaughlin, Richard Schmalbeck
Amici Briefs
The twelve individuals filing this amicus brief are professors and scholars of the law of nonprofit organizations. No party in this case represents all three of charity’s key stakeholders: charities, states, and taxpayers who underwrite the charities’ funding. Amici are participating in this litigation in order to aid the Court in understanding how these three interests depend on one another. They also attempt to provide a clearer understanding of state supervision of charities and how that supervision related to federal tax law.
The Rcra Citizen Suit Provision And The Private Remedy Of Restitution After Kfc Western, Inc. V. Meghrig And Furrer V. Brown: Reasonable Minds May Differ,
2021
University of Kentucky
The Rcra Citizen Suit Provision And The Private Remedy Of Restitution After Kfc Western, Inc. V. Meghrig And Furrer V. Brown: Reasonable Minds May Differ, J. Thomas Blaine Lewis
Journal of Natural Resources & Environmental Law
No abstract provided.
Preclusion Of Citizens' Suits Under The Clean Water Act,
2021
University of Kentucky
Preclusion Of Citizens' Suits Under The Clean Water Act, Elizabeth Mckinney
Journal of Natural Resources & Environmental Law
No abstract provided.
Sovereigns, Freemen, And Desperate Souls: Towards A Rigorous Understanding Of Pseudolitigation Tactics In United States Courts,
2021
Boston College Law School
Sovereigns, Freemen, And Desperate Souls: Towards A Rigorous Understanding Of Pseudolitigation Tactics In United States Courts, Samuel Barrows
Boston College Law Review
In recent years, American courts have seen a significant increase in legal filings displaying unusual markings and arguing groundless legal theories. These so-called “pseudolegal” filings are the product of an organized network of amateur legal scholars and con artists who represent an ongoing threat to the justice system. They waste judicial time and resources and encourage abuse of Uniform Commercial Code financing statements for the purpose of harassing others. This Note argues that, in order to combat pseudolaw, courts should make more aggressive use of available gatekeeping tools to screen out these filings. To effectively accomplish this task, courts will ...
