Constitutional Law—Miss Anti-United States Of America—How Courts Expanded Judicial Authority By Foregoing Constitutional Avoidance—Green V. Miss Usa, Llc, 52 F.4th 773 (9th Cir. 2022), 2024 Suffolk University
Constitutional Law—Miss Anti-United States Of America—How Courts Expanded Judicial Authority By Foregoing Constitutional Avoidance—Green V. Miss Usa, Llc, 52 F.4th 773 (9th Cir. 2022), Jessica Vedrani
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Civil Procedure––Legally Deadlocked: Challenging The Notion Of “Prevailing” In The Quest For Costs & Fees––Royal Palm Props., Llc V. Pink Palm Props., Llc, 38 F.4th 1372 (11th Cir. 2022), 2024 Suffolk University
Civil Procedure––Legally Deadlocked: Challenging The Notion Of “Prevailing” In The Quest For Costs & Fees––Royal Palm Props., Llc V. Pink Palm Props., Llc, 38 F.4th 1372 (11th Cir. 2022), Jeffrey Hernandez
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Problem With The “Non-Class” Class: An Urgent Call For Improved Gatekeepers In Merger Objection Litigation, 2023 Fordham University School of Law
The Problem With The “Non-Class” Class: An Urgent Call For Improved Gatekeepers In Merger Objection Litigation, Josh Molder
Fordham Journal of Corporate & Financial Law
Until recently, class actions dominated merger objection litigation. However, plaintiff’s lawyers have constructed a “non-class” class where an individual suit can benefit from the leverage of a certified class without ever meeting the stringent class certification requirements of Federal Rules of Civil Procedure 23. This new development has initiated a shift in merger objection litigation where plaintiffs are increasingly filing individual suits instead of class actions. However, this shift has left shareholders vulnerable to collusive settlements because plaintiff’s attorneys have significant control over these suits and a strong incentive to settle quickly for a substantial fee. Additionally, corporate defendants are …
Federal Common Law, Climate Torts, And Preclusion, 2023 Washington and Lee University School of Law
Federal Common Law, Climate Torts, And Preclusion, Tom Boss
Washington and Lee Law Review Online
Municipalities have been trying for decades to hold energy companies accountable for their role in the climate change crisis. In an effort to prevent suits, these companies are pushing the novel legal theory that federal common law provides a basis for jurisdiction in federal court over these claims. Once in federal court, the defendants argue that the very federal common law that served as the basis for removal has been displaced by the Clean Air and Clean Water Acts. This would then justify dismissal of the entire case for failure to state a claim. Luckily for the plaintiffs, nearly all …
Implied Warranty Claims Under The Magnuson-Moss Warranty Act: Resolving Fifty Years Of Uncertainty, 2023 Widener University Delaware Law School
Implied Warranty Claims Under The Magnuson-Moss Warranty Act: Resolving Fifty Years Of Uncertainty, Stephen E. Friedman
Pace Law Review
This Article addresses whether Congress intended for consumers to bring implied warranty claims on consumer products under the Magnuson-Moss Warranty Act in all instances or only when a defective product is covered by a written warranty. The question, unresolved almost fifty years after the Act’s passage, is of great practical importance because consumers who bring claims under the Act are eligible for attorneys’ fees and other potential advantages not available to plaintiffs bringing warranty claims under state law. This Article analyzes the two current approaches courts have taken to address the issue: a broad approach where consumers can bring a …
The Green Amendment: Assessing The Latest Tool In The Environmental Tool Belt, 2023 Pace University Haub School of Law
The Green Amendment: Assessing The Latest Tool In The Environmental Tool Belt, Carolyn Drell, Mia Petrucci
Pace Environmental Law Review
In the new edition of Maya K. van Rossum’s book, The Green Amendment: The People’s Fight for a Clean, Safe, and Healthy Environment, she presents the case for adopting green amendments protecting environmental rights into state constitutions and the Federal Constitution. This book review examines van Rossum’s arguments and raises legal concerns that prevent green amendments from providing a silver bullet solution to environmental harms. Despite these concerns that will likely resonate with practitioners, van Rossum increases the accessibility to the topic of green amendments for a wider audience, which is ultimately a net win for environmental advocacy.
Public Law Litigation And Electoral Time, 2023 Northwestern Pritzker School of Law
Public Law Litigation And Electoral Time, Zachary D. Clopton, Katherine Shaw
Articles
Public law litigation is often politics by other means. Yet scholars and practitioners have failed to appreciate how public law litigation intersects with an important aspect of politics—electoral time. This Essay identifies three temporal dimensions of public law litigation. First, the electoral time of government litigants—measured by the fixed terms of state and federal executive officials—may affect their conduct in litigation, such as when they engage in midnight litigation in the run-up to and aftermath of their election. Second, the electoral time of state courts—measured by the fixed terms of state judges—creates openings for strategic behavior among litigants (both public …
Following The Science: Judicial Review Of Climate Science, 2023 University of Washington School of Law
Following The Science: Judicial Review Of Climate Science, Maxine Sugarman
Washington Law Review
Climate change is the greatest existential crisis of our time. Yet, to date, Congress has failed to enact the broad-sweeping policies required to reduce greenhouse gas emissions at the rate scientists have deemed necessary to avoid devastating consequences for our planet and all those who inhabit it. In the absence of comprehensive legislative action to solve the climate crisis, the executive branch has become more creative in the use of its authorities under bedrock environmental statutes to develop new climate regulations. Environmental advocates, states, and industry groups that oppose such regulations or assert that agencies could accomplish more under existing …
A Run For Your Money: The Supreme Court Of Georgia In Taylor V. Devereux Foundation, Inc. Upholds The Constitutionality Of The Statutory Cap On Punitive Damages, 2023 Mercer University School of Law
A Run For Your Money: The Supreme Court Of Georgia In Taylor V. Devereux Foundation, Inc. Upholds The Constitutionality Of The Statutory Cap On Punitive Damages, Rachel N. Ratajczak
Mercer Law Review
The sky is the limit! This idiom rings true, except for plaintiffs in many states who dream of million-dollar punitive damage awards. Many states have statutorily capped punitive damage awards, despite their role as “quasi-criminal . . . private fines” to punish defendants for their wrong-doing, and to deter future similar conduct by others. Challenges to statutory caps have plagued both federal and state courts for decades.
In 2023, the Supreme Court of Georgia in Taylor v. Devereux Foundation, Inc. addressed whether O.C.G.A. § 51-12-5.1(g), Georgia’s statutory cap on punitive damages, violates the right to trial by jury, separation …
Confederate Standoff: The Georgia Supreme Court Clarifies Standing Requirements In Sons Of Confederate Veterans V. Henry County Board Of Commissioners, 2023 Mercer University School of Law
Confederate Standoff: The Georgia Supreme Court Clarifies Standing Requirements In Sons Of Confederate Veterans V. Henry County Board Of Commissioners, Clay Wright
Mercer Law Review
The Supreme Court of Georgia’s ruling in Sons of Confederate Veterans v. Henry County Board of Commissioners marks a transformative moment in the evolution of Georgia’s standing doctrine. The case delves into the dimensions of standing in Georgia courts, specifically addressing whether community stakeholders, such as citizens, residents, taxpayers,and voters, must prove an individualized injury to establish standing when raising a general grievance against their local government.
Trial Practice And Procedure, 2023 Mercer University School of Law
Trial Practice And Procedure, Joseph M. Colwell, Christopher B. Mcdaniel
Mercer Law Review
This Article addresses selected opinions and legislation of interest to Georgia civil trial practitioners issued during the survey period of this publication.
Climate Change In The Courts: A 2023 Retrospective, 2023 Columbia Law School, Sabin Center for Climate Change Law
Climate Change In The Courts: A 2023 Retrospective, Maria Antonia Tigre, Margaret Barry
Sabin Center for Climate Change Law
Drawing from the jurisdictions covered in the Sabin Center's United States (U.S.) and Global Climate Litigation databases, this report offers insights into key developments, emerging themes, evolving legal strategies, and the pulse of climate litigation in 2023.
Police Officers, Policy, And Personnel Files: Prosecutorial Disclosure Obligations Above And Beyond Brady, 2023 Fordham University School of Law
Police Officers, Policy, And Personnel Files: Prosecutorial Disclosure Obligations Above And Beyond Brady, Lauren Giles
Fordham Law Review
Police officers play a significant role in the criminal trial process and are unlike any other witness who will take the stand. They are trained to testify, and jurors find them more credible than other witnesses, even though officers may have more incentive to lie than the ordinary witness. Despite the role of police officers in criminal proceedings, state statutes say virtually nothing about evidence used to impeach police officers, often contained in the officer’s personnel file. Worse still, the standard for disclosing information in an officer’s personnel file varies among and within states, resulting in inconsistent Brady disclosures. This …
Divide, "Two-Step," And Conquer: How Johnson & Johnson Spurred The Bankruptcy System, 2023 University of Cincinnati College of Law
Divide, "Two-Step," And Conquer: How Johnson & Johnson Spurred The Bankruptcy System, Patrick Maney
University of Cincinnati Law Review
No abstract provided.
Underage And Unprotected: Federal Grand Juries, Child Development, And The Systemic Failure To Protect Minors Subpoenaed As Witnesses, 2023 University of Cincinnati College of Law
Underage And Unprotected: Federal Grand Juries, Child Development, And The Systemic Failure To Protect Minors Subpoenaed As Witnesses, Lucy Litt
University of Cincinnati Law Review
Grand juries in the United States were originally intended to protect people from unwarranted criminal prosecution by the government; however, criticism of federal grand juries in the U.S. throughout the past five decades demonstrates that these deliberative bodies protect prosecutors at the expense of the people subjected to their investigations. Worse still, federal grand jury proceedings circumvent fundamental constitutional rights, direct judicial oversight, and many of the procedural protections of criminal trials; they enable prosecutors to strip unaccused individuals subpoenaed solely for witness testimony of their safety, rights, and liberty. Prosecutorial misconduct has received increasingly widespread attention, especially in recent …
Table Of Contents, 2023 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Rise And Fall Of Premises Liability For Injuries Arising From Third-Party Criminal Activity In Mississippi, 2023 Mississippi College School of Law
The Rise And Fall Of Premises Liability For Injuries Arising From Third-Party Criminal Activity In Mississippi, Mark J. Goldberg
Mississippi College Law Review
On July 1, 2019, the Landowners Protection Act (the “Act”) became effective in Mississippi. The Act modified existing law as to premises liability for failure to protect against the criminal acts of third-parties in two respects. First, a new Code section was enacted, granting property owners several protections from such claims. Second, Mississippi’s joint and several liability statute was amended to allow for apportionment of fault between premises owners and intentional tortfeasors, i.e., criminal actors.
In the debate leading to the Act’s passage, proponents of the legislation provided that it was intended to codify prior court rulings and ensure that …
Anything But Prideful: Free Speech And Conversion Therapy Bans, State-Federal Action Plans, And Rooting Out Medical Fraud, 2023 Fordham University School of Law
Anything But Prideful: Free Speech And Conversion Therapy Bans, State-Federal Action Plans, And Rooting Out Medical Fraud, Jordan Hutt
Fordham Law Review
At a time when conversion therapy might seem archaic to many people, this practice remains prevalent across the United States and finds legal support in the halls of federal courthouses. In 2020, the U.S. Court of Appeals for the Eleventh Circuit, in Otto v. City of Boca Raton, held that two ordinances banning conversion therapy in Boca Raton and Palm Beach violated First Amendment free speech rights. Specifically, Otto held that conversion therapy bans were content-based restrictions subject to strict scrutiny. Conversely, the U.S. Courts of Appeals for the Third and Ninth Circuits’ prior decisions upheld conversion therapy bans …
The Death Knell And The Wild West: Two Dangers Of Domestic Discovery In Foreign Adjudications, 2023 University of Michigan Law School
The Death Knell And The Wild West: Two Dangers Of Domestic Discovery In Foreign Adjudications, Shay M. Collins
Michigan Law Review
Under 28 U.S.C. § 1782(a), parties to foreign legal proceedings can obtain discovery orders from United States federal courts. In other words, if a foreign party needs physical evidence located in—or testimony from a person residing in—the United States to support their claim or defense, they can ask a district court to order the production of that evidence. For almost two decades, § 1782(a) practice has operated as a procedural Wild West. Judges routinely consider § 1782(a) applications ex parte—that is, without giving the parties subject to the resulting discovery orders a chance to oppose them—and grant those applications at …
Itlos Advisory Opinion On Climate Change: Summary Of Briefs And Statements Submitted To The Tribunal, 2023 Columbia Law School, Sabin Center for Climate Change Law
Itlos Advisory Opinion On Climate Change: Summary Of Briefs And Statements Submitted To The Tribunal, Maria Antonia Tigre, Korey Silverman-Roati
Sabin Center for Climate Change Law
This report provides a summary of the briefs and statements submitted to the International Tribunal for the Law of the Sea (ITLOS) in response to the Co-Chairs of Commission of Small Island States (COSIS)’ request for an advisory opinion on climate change-related legal questions. The central issue before the ITLOS is whether State Parties to UNCLOS have specific obligations regarding the prevention, reduction, and control of marine environmental pollution stemming from climate change, as well as the protection and preservation of the marine environment concerning climate change impacts. While States and civil society organizations have put forward a variety of …