Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement,
2020
University of Colorado Law School
Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux
Publications
No abstract provided.
Attorney–Client Privilege In Bad Faith Insurance Claims: The Cedell Presumption And A Necessary National Resolution,
2020
Seattle University School of Law
Attorney–Client Privilege In Bad Faith Insurance Claims: The Cedell Presumption And A Necessary National Resolution, Klien Hilliard
Seattle University Law Review
Attorney–client privilege is one of the most important aspects of our legal system. It is one of the oldest privileges in American law and is codified both at the national and state level. Applying to both individual persons and corporations, this expanded privilege covers a wide breadth of clients. However, this broad privilege can sometimes become blurred in relationships between the corporation and the individuals it serves. Specifically, insurance companies and those they cover have complex relationships, as the insurer possesses a quasi-fiduciary relationship in relation to the insured. This type of relationship requires that the insurer act in good …
'Rifled Precision': Using E-Discovery Technology To Streamline Books And Records Litigation,
2020
Vanderbilt University Law School
'Rifled Precision': Using E-Discovery Technology To Streamline Books And Records Litigation, Joshua A. Manning
Vanderbilt Journal of Entertainment & Technology Law
In 1993, the Delaware Supreme Court urged stockholders to use the "tools at hand" to flesh out complaints in derivative lawsuits. The plaintiffs' bar got the message. In the years since that proclamation, the Delaware Court of Chancery has seen dramatic increases in so-called Section 220 litigation-stockholders exercising their statutory right to inspect a company 's books and records. As Delaware courts have made it harder for stockholders to challenge merger transactions, this trend has only intensified. Due to increased filings, as well as other structural hurdles, these "summary proceedings" have begun to drag, with many requiring full trials. Because …
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving,
2020
Touro Law Center
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan
Touro Law Review
No abstract provided.
The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography,
2020
Seattle University School of Law
The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago
Seattle University Law Review
As technology evolves, new outlets for interpersonal conflict and crime evolve with it. The law is notorious for its inability to keep pace with this evolution. This Comment focuses on one area that the law urgently needs to regulate—the dissemination of “revenge porn,” otherwise known as nonconsensual pornography. Currently, no federal law exists in the U.S. that criminalizes the dissemination of nonconsensual pornography. Most U.S. states have criminalized the offense, but with vastly different degrees of severity, resulting in legal inconsistencies and jurisdictional conflicts. This Comment proposes a federal solution to the dissemination of nonconsensual pornography that carefully balances the …
Thin Separability: An Answer To Star Athletica,
2020
Seattle University School of Law
Thin Separability: An Answer To Star Athletica, Angelo Marchesini
Seattle University Law Review
Courts have consistently struggled to adopt a test that appropriately interprets the Copyright Act’s language protecting works of art incorporated into useful articles. The analysis that allows protections of these works of art is called “separability,” and it has been an ambiguous area of copyright law since its inception. In essence, this analysis gives copyright protection to a work of art incorporated into a useful article as long as the work of art is “separate” from the utilitarian aspects of the useful article. The Supreme Court was positioned to end the uncertainty surrounding the separability analysis in its recent decision, …
In Memory Of Professor James E. Bond,
2020
Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Making Litigating Citizenship More Fair,
2020
University of Colorado Law School
Making Litigating Citizenship More Fair, Ming H. Chen
Publications
No abstract provided.
Judicial Adjuncts In Multidistrict Litigation,
2020
University of Georgia School of Law
Judicial Adjuncts In Multidistrict Litigation, Elizabeth Chamblee Burch, Margaret S. Williams
Scholarly Works
Peeking under the tent of our nation's largest and often most impactful cases reveals that judges often act like ringmasters: They delegate their authority to a wide array of magistrate judges, special masters, and settlement administrators. Some, like the American Bar Association, see this as a plus that promotes efficiency and cost savings. Critics, however, contend that delegating judicial power especially to private citizens, removes adjudication from public scrutiny, injects thorny ethical questions about ex parte communications, and risks cronyism and high costs. By constructing an original dataset of ninety-two multidistrict products liability proceedings centralized over fourteen years, we introduce …
Rethinking The Impact Of Third-Party Funding On Access To Civil Justice,
2020
Boston University School of Law
Rethinking The Impact Of Third-Party Funding On Access To Civil Justice, Victoria Sahani
Faculty Scholarship
Third-party funding indisputably puts a gold-weighted thumb on the scales of justice in favor of funded parties for two main reasons: (1) funded cases already tend to be calculable winners on the merits, and (2) third-party funders seeking a profit generally do not fund cases that are demonstrably likely to lose on the merits. Thus, we are left with both the promising potential for winners to be more likely to win with third-party funding and the alarming realization that not all winners are offered this same chance. This provokes a larger, fundamental question: If funders are picking winners among the …
The Lost Lessons Of Shareholder Derivative Suits,
2020
University of Richmond - School of Law
The Lost Lessons Of Shareholder Derivative Suits, Jessica M. Erickson
Law Faculty Publications
Merger litigation has changed dramatically. Today, nearly every announcement of a significant merger sparks litigation, and these cases look quite different from merger cases in the past. These cases are now filed primarily outside of Delaware, they typically settle without shareholders receiving any financial consideration, and corporate boards now have far more ex ante power to shape these cases. Although these changes are often heralded as unprecedented, they are not. Over the past several decades, derivative suits experienced many of the same changes. This Article explores the similarities between the recent changes in merger litigation and the longer history of …
Comparative Method And International Litigation 2020,
2020
University of Pittsburgh School of Law
Comparative Method And International Litigation 2020, Ronald A. Brand
Articles
In this article, resulting from a presentation at the 2019 Annual Meeting of the American Society of Comparative Law, I apply comparative method to international litigation. I do so from the perspective of a U.S.-trained lawyer who has been involved for over 25 years in the negotiations that produced both the 2005 Hague Convention on Choice of Court Agreements and the 2019 Hague Convention on the Recognition and Enforcement of Judgments in Civil or Commercial Matters. The law of jurisdiction and judgments recognition is probably most often taught in a litigation context. Nonetheless, that law has as much or more …
Masthead,
2020
Suffolk University
Masthead, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Use And Abuse Of Dogs In The Witness Box,
2020
Suffolk University
The Use And Abuse Of Dogs In The Witness Box, John J. Ensminger, Sherri Minhinnick, James Lawrence Thomas, Itiel E. Dror
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Towards An Analyses Of The Mega-Politics Jurisprudence Of The Ecowas Community Court Of Justice,
2020
Dalhousie University Schulich School of Law
Towards An Analyses Of The Mega-Politics Jurisprudence Of The Ecowas Community Court Of Justice, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The judicialization of mega-political disputes before the ECOWAS Community Court is understudied. The ECOWAS Community Court lacks express mandate to adjudicate over political disputes. Despite this limitation, the court has been innovative in assuming jurisdiction over mega-political disputes where they are intertwined with potential or actual human rights violation. The Ugokwe Doctrine, enunciated in the case of, Dr. Jerry Ugokwe v. The Federal Republic of Nigeria and Dr. Christian Okeke, provides the precedential ‘cause of action’ for the judicialization of mega-political disputes before the ECOWAS Community Court. This chapter addresses this new body of jurisprudence by critically analyzing judicialized political …
A Class Action Lawsuit For The Right To A Minimum Education In Detroit,
2020
Northwestern Pritzker School of Law
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
Northwestern Journal of Law & Social Policy
No abstract provided.
Chasing The Fruits Of Misery: Confronting The Historical Relationships Between Opioid Revenues, Offshore Financial Centers, And International Regulatory Networks,
2020
University of Detroit Mercy School of Law
Chasing The Fruits Of Misery: Confronting The Historical Relationships Between Opioid Revenues, Offshore Financial Centers, And International Regulatory Networks, Stephen C. Wilks
Northwestern Journal of International Law & Business
As the opioid crisis continues to claim lives throughout the U.S., tort litigants have faced challenges pursuing Purdue Pharma – one of the drug makers responsible for aggressively promoting OxyContin while downplaying the drug’s addictive effects. Much of this litigation posture sought to recover billions in public health costs incurred responding to the crisis at federal, state and local levels. As the plaintiff class grew, Purdue Pharma petitioned for bankruptcy protection, at which point auditors discovered the entity’s beneficial owners had caused it to wire billions in opioid profits into offshore accounts – placing them beyond the reach of litigants. …
Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Valuing The Freedom Of Speech And The Freedom To Compete In Defenses To Trademark And Related Claims In The United States,
2020
University of Pennsylvania Carey Law School
Valuing The Freedom Of Speech And The Freedom To Compete In Defenses To Trademark And Related Claims In The United States, Jennifer E. Rothman
All Faculty Scholarship
This book chapter appears in the CAMBRIDGE HANDBOOK ON INTERNATIONAL AND COMPARATIVE TRADEMARK LAW, edited by Jane C. Ginsburg & Irene Calboli (Cambridge Univ. Press 2020). The Chapter provides an overview of the defenses to trademark infringement, dilution, and false endorsement claims that serve the goals of free expression and fair competition. In particular, the Chapter covers the defenses of genericism, functionality, descriptive and nominative fair use, the Rogers test, statutory exemptions to dilution claims, and the questions of whether and how an independent First Amendment defense applies in light of recent Supreme Court decisions.
In addition to providing a …
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals,
2020
University of Pennsylvania Carey Law School
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
All Faculty Scholarship
This Article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence class certification under Rule 23 of the Federal Rules of Civil Procedure. We find that the ideological composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having dramatically higher rates of procertification outcomes than all-Republican panels—nearly triple in about the past twenty years. We also find that the presence of one African American on a panel, and the presence of …
