App-Based Drivers, Employees Or Independent Contractors?: Big Tech’S Fight To Classify Drivers As Independent Contractors Prioritizes Flexibility And Innovation Over Labor And Class Implications, 2024 Suffolk University
App-Based Drivers, Employees Or Independent Contractors?: Big Tech’S Fight To Classify Drivers As Independent Contractors Prioritizes Flexibility And Innovation Over Labor And Class Implications, Erin Chow
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Be“Yondr” The Schoolhouse Gate: Law And Policy For Student Cell Phone Restriction In Public High Schools, 2024 Suffolk University
Be“Yondr” The Schoolhouse Gate: Law And Policy For Student Cell Phone Restriction In Public High Schools, William Thompson
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Arbitration—It Does Not Matter If You Read The Terms And Conditions: They Do Not Apply Anyway—Berman V. Freedom Financial Network, Llc, 30 F.4th 849 (9th Cir. 2022), 2024 Suffolk University
Arbitration—It Does Not Matter If You Read The Terms And Conditions: They Do Not Apply Anyway—Berman V. Freedom Financial Network, Llc, 30 F.4th 849 (9th Cir. 2022), Ian Mcreynolds
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Civil Law—Circuit Split: Eighth Circuit’S Superior Causation Standard For Anti-Kickback Violations Under The False Claims Act—United States Ex Rel. Cairns V. D.S. Med. Llc., 42 F.4th 828 (8th Cir. 2022), 2024 Suffolk University
Civil Law—Circuit Split: Eighth Circuit’S Superior Causation Standard For Anti-Kickback Violations Under The False Claims Act—United States Ex Rel. Cairns V. D.S. Med. Llc., 42 F.4th 828 (8th Cir. 2022), Lauren Flynn
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Defeat Fascism, Transform Democracy: Mapping Academic Resources, Reframing The Fundamentals, And Organizing For Collective Actions, 2024 Seattle University School of Law
Defeat Fascism, Transform Democracy: Mapping Academic Resources, Reframing The Fundamentals, And Organizing For Collective Actions, Francisco Valdes
Seattle University Law Review
The information we gathered during 2021–2023 shows that critical faculty and other academic resources are present throughout most of U.S. legal academia. Counting only full-time faculty, our limited research identified 778 contacts in 200 schools equating to nearly four contacts on average per school. But no organized critical “core” had coalesced within legal academia or, more broadly, throughout higher education expressly dedicated to defending and advancing critical knowledge and its production up to now. And yet, as the 2021–2022 formation of the Critical (Legal) Collective (“CLC”) outlined below demonstrates, many academics sense or acknowledge the need for greater cohesion among …
After Affirmative Action, 2024 Seattle University School of Law
After Affirmative Action, Meera E. Deo
Seattle University Law Review
This is a time of crisis in legal education. In truth, we are in the midst of several crises. We are emerging from the COVID pandemic, a period of unprecedented upheaval where law students and law faculty alike struggled through physical challenges, mental health burdens, and decreased academic and professional success. The past few years also have seen a precipitous drop in applications to and enrollment in legal education. Simultaneously, students have been burdened with the skyrocketing costs of attending law school, taking on unmanageable levels of debt. And with the Supreme Court decision in SFFA v. Harvard, we are …
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, 2024 Seattle University School of Law
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez
Seattle University Law Review
The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …
Sffa V. Harvard College: Closing The Doors Of Equality In Education, 2024 Seattle University School of Law
Sffa V. Harvard College: Closing The Doors Of Equality In Education, Ediberto Roman
Seattle University Law Review
The United States Supreme Court’s recent combined decision ending affirmative action in Students for Fair Admissions v. Harvard College and Students for Fair Admissions v. University of North Carolina was hailed in conservative circles as the beginning of “the long road” towards racial equality. Others declared that “the opinion may begin the restoration of our nation’s constitutional colorblind legal covenant.” Another writer pronounced, “Affirmative action perpetuated racial discrimination. Its end is a huge step forward.” A Washington-based opinion page even declared: “[T]he demise of race-based affirmative action should inspire renewed commitment to the ideal of equal opportunity in America.” Despite …
The Sffa V. Harvard Trojan Horse Admissions Lawsuit, 2024 Seattle University School of Law
The Sffa V. Harvard Trojan Horse Admissions Lawsuit, Kimberly West-Faulcon
Seattle University Law Review
Affirmative-action-hostile admissions lawsuits are modern Trojan horses. The SFFA v. Harvard/UNC case—Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, et. al., decided jointly—is the most effective Trojan horse admissions lawsuit to date. Constructed to have the distractingly appealing exterior façade of a lawsuit seeking greater fairness in college admissions, the SFFA v. Harvard/UNC case is best understood as a deception-driven battle tactic used by forces waging a multi-decade war against the major legislative victories of America’s Civil Rights Movement, specifically Title VI and Title VII …
Religious Freedom And Diversity Missions: Insights From Jesuit Law Deans, 2024 Seattle University School of Law
Religious Freedom And Diversity Missions: Insights From Jesuit Law Deans, Anthony E. Varona, Michèle Alexandre, Michael J. Kaufman, Madeleine M. Landrieu
Seattle University Law Review
This Article is a transcript of a panel moderated by Anthony E. Varona, Dean of Seattle University School of Law. During the panel, Jesuit and religious law school deans discussed what law schools with religious missions have to add to the conversation around SFFA and the continuing role of affirmative action in higher education.
Feeding The Good Fire: Paths To Facilitate Native-Led Fire Management On Federal Lands, 2024 Seattle University School of Law
Feeding The Good Fire: Paths To Facilitate Native-Led Fire Management On Federal Lands, Kevin Burdet
Seattle University Law Review
In 2003, nearly twenty Native American reservations were devastated by wildfires that originated on adjacent federal lands. The San Pasqual Reservation’s entire 1,400 acres were burned along with over a third of its homes, and seventy-five percent of the Rincon Reservation was burned, taking twenty homes with it. These devastating fires, along with others in 2002, brought about the Tribal Forest Protection Act of 2004 (TFPA), which offered hope for Tribes to propose projects on bordering or adjacent federal lands and protect reservation lands in the process. Unfortunately, twenty years later, the TFPA has had a marginal effect in enabling …
Pushback On Zoom® Court Proceedings: Is “Effective” Counsel Still Effective?, 2024 Suffolk University
Pushback On Zoom® Court Proceedings: Is “Effective” Counsel Still Effective?, Adrianne Downey
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Boom Or Bust: The Public Trust Doctrine In Canadian Climate Change Litigation, 2024 Allard School of Law at the University of British Columbia
Boom Or Bust: The Public Trust Doctrine In Canadian Climate Change Litigation, Hassan M. Ahmad
All Faculty Publications
Over the past few years, Canadian courts have heard the first climate change cases. These claims have been commenced on behalf of youth and future generations who allege that governments have failed to meet or, otherwise, uphold greenhouse gas reduction targets under the Paris Agreement. This novel area of litigation has brought forth creative legal arguments to expand or re-envision existing doctrines in order to place blame for what continues to be a warming planet and increasingly unstable ecosystems. This article investigates the public trust doctrine. In Canadian courts, the doctrine’s limited and arguably parochial interpretation has diverged from its …
Capitalism Stakeholderism, 2024 Seattle University School of Law
Capitalism Stakeholderism, Christina Parajon Skinner
Seattle University Law Review
Today’s corporate governance debates are replete with discussion of how best to operationalize so-called stakeholder capitalism—that is, a version of capitalism that considers the interests of employees, communities, suppliers, and the environment alongside (if not before) a company’s shareholders. So much focus has been dedicated to the question of capitalism’s reform that few have questioned a key underlying premise of stakeholder capitalism: that is, that competitive capitalism does not serve these various constituencies and groups. This Essay presents a different view and argues that capitalism is, in fact, the ultimate form of stakeholderism. As such, the Essay urges that the …
International Arbitration Of Sep Frand Royalties, 2024 Touro University Jacob D. Fuchsberg Law Center
International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales
Touro Law Review
Standard-essential patent royalty disputes have typically been litigated in U.S. federal district courts, but patent owners have recently started to file suit in courts across the globe, leading to issues of comity, anti-suit injunctions, and increased litigation costs. International arbitration provides a unique forum for parties to litigate these royalty disputes and avoid, or at least lessen the burden, of these issues. This Article explores the advantages and disadvantages of using international arbitration to resolve standard-essential patent royalty disputes.
Clarifying Contempt In Civil Cases: Appropriate Uses In Florida, 2024 Suffolk University
Clarifying Contempt In Civil Cases: Appropriate Uses In Florida, Jani Maurer
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Employment Law—Blurred Lines: Loopholes To Avoid Joint Employer Liability—Felder V. United States Tennis Ass'n, 27 F.4th 834 (2d Cir. 2022), 2024 Suffolk University
Employment Law—Blurred Lines: Loopholes To Avoid Joint Employer Liability—Felder V. United States Tennis Ass'n, 27 F.4th 834 (2d Cir. 2022), Katie Groves
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
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.
Stakeholder Governance As Governance By Stakeholders, 2024 Seattle University School of Law
Stakeholder Governance As Governance By Stakeholders, Brett Mcdonnell
Seattle University Law Review
Much debate within corporate governance today centers on the proper role of corporate stakeholders, such as employees, customers, creditors, suppliers, and local communities. Scholars and reformers advocate for greater attention to stakeholder interests under a variety of banners, including ESG, sustainability, corporate social responsibility, and stakeholder governance. So far, that advocacy focuses almost entirely on arguing for an expanded understanding of corporate purpose. It argues that corporate governance should be for various stakeholders, not shareholders alone.
This Article examines and approves of that broadened understanding of corporate purpose. However, it argues that we should understand stakeholder governance as extending well …