A Further Look At A Hague Convention On Concurrent Proceedings, 2023 Member, Pennsylvania Bar
A Further Look At A Hague Convention On Concurrent Proceedings, Paul Herrup, Ronald A. Brand
Articles
The current project of the Hague Conference on Private International Law has reached a critical juncture that requires careful consideration of the terms that delineate the scope of the proposed convention. Work to date has not followed the mandate of the Council on General Affairs and Policy to produce a convention that would deal with concurrent proceedings, understood as including pure parallel proceedings and related actions. In two previous articles we have addressed the practical needs that should be addressed by the concurrent proceedings project and the general architecture of such a convention. The process is now mired in terminological …
Problems In The Copyright Industry: Making The Case For A Corrected Case Act, 2023 Cleveland State University College of Law
Problems In The Copyright Industry: Making The Case For A Corrected Case Act, Megan Grantham
Et Cetera
In 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act, which established a small claims court system within the United States Copyright Office, called the Copyright Claims Board. This new board hears cases of copyright violations involving damages of $30,000 or less. President Donald Trump signed the bill into law on December 27, 2020, and the board officially began hearing claims in June 2022. This was meant to benefit smaller creators who do not have the means to pursue their copyright claims in costly federal court. While small or independent creators should indeed have access to a means of …
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, 2023 Villanova University Charles Widger School of Law
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco
Villanova Environmental Law Journal
No abstract provided.
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, 2023 Villanova University Charles Widger School of Law
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams
Villanova Environmental Law Journal
No abstract provided.
On Your Mark, Get Set, Sue: The Fourth Circuit Considers When Citizen Suits Under The Clean Water Act Properly Commence In Naturaland Trust V. Dakota Finance Llc, 2023 Villanova University Charles Widger School of Law
On Your Mark, Get Set, Sue: The Fourth Circuit Considers When Citizen Suits Under The Clean Water Act Properly Commence In Naturaland Trust V. Dakota Finance Llc, Sarah A. Moynihan
Villanova Environmental Law Journal
No abstract provided.
Per Curiam Signals In The Supreme Court's Shadow Docket, 2023 University of Baltimore School of Law
Per Curiam Signals In The Supreme Court's Shadow Docket, Zina Makar
Washington Law Review
Lower courts and litigants depend a great deal on the Supreme Court to articulate and communicate signals regarding how to interpret existing doctrine. Signals are at their strongest and most reliable when they originate from the Court’s merits docket. More recently, the Court has been increasingly relying on its orders docket—colloquially referred to as its “shadow docket”—to communicate with lower courts by summarily reversing and correcting errors in interpretation without briefing or oral argument.
Over the past decade the Roberts Court has granted certiorari to summarily reverse a growing number of qualified immunity cases, issuing over a dozen unsigned per …
When Patent Litigators Become Neurosurgeons, 2023 University of Washington School of Law
When Patent Litigators Become Neurosurgeons, Katie Chang
Washington Law Review Online
Patent law is where the law meets the most cutting-edge and innovative technology of its time. Usually, subject matter experts, with the help of lawyers, are the ones applying for patents. But when it comes to granting and enforcing patent rights, the job falls onto lawyers and judges, who, for the most part, are likely not experts in the relevant technical field. Bridging the gap between technological expertise and legal expertise has been a pain point in patent litigation, one that Congress has tried to rectify for many years. This Comment primarily examines one of Congress’s solutions—the Patent Pilot Program—and …
Class Action, 2023 Mercer University School of Law
Class Action, Thomas M. Byrne, Stacey Mcgavin Mohr
Mercer Law Review
The United States Court of Appeals for the Eleventh Circuit worked its way through a varied menu of class-action issues during 2022, including the multifaceted problem of uninjured class members—which the court has decided to consider en banc—as well as several class-action jurisdictional issues. The court also declined to rehear en banc its controversial 2020 decision prohibiting class-representative incentive awards, a decision that the Supreme Court recently declined to review as well.
Game, Set, …Tie? The Eleventh Circuit Gives Courts Discretion To Refrain From Choosing A Prevailing Party, 2023 Mercer University School of Law
Game, Set, …Tie? The Eleventh Circuit Gives Courts Discretion To Refrain From Choosing A Prevailing Party, Tessa Sizemore
Mercer Law Review
During the National Football League’s (NFL) 2022 opening week, the Houston Texans game versus the Indianapolis Colts ended in a tie after an impressive fourth-quarter comeback by the Colts. This is only the nineteenth opening week tie in NFL history. Much like that Texans-Colts game, the United States Court of Appeals for the Eleventh Circuit hosted a legal dispute which ended in a tie this year. While the American legal system is no game, it is certainly a surprise when our adversarial system produces a legal result with no winner.
For Whom The Church Bells Toll: The Supreme Court Of Georgia Resolves The Issue Of Whether Fraud Can Toll The Statute Of Limitations For Sexual Abuse Claims, 2023 Mercer University School of Law
For Whom The Church Bells Toll: The Supreme Court Of Georgia Resolves The Issue Of Whether Fraud Can Toll The Statute Of Limitations For Sexual Abuse Claims, Sydney Thompson
Mercer Law Review
In January of 2002, the Boston Globe published an article detailing widespread allegations of child sexual abuse by serial pedophiles and a sophisticated coverup that implicated high ranking clergy members. In the aftermath of the article, thousands of men and women from across the United States came forward with their own allegations, which revealed patterns of abuse and deception in dioceses around the country. The wave of litigation that followed raised compelling questions about statutes of limitations, discovery rules, and the long term effects of childhood sexual abuse.
Twenty years after the Globe’s article, the Supreme Court of Georgia decided …
Trial Practice And Procedure, 2023 Mercer University School of Law
Trial Practice And Procedure, John O'Shea Sullivan, Leesa M. Guarnotta, Grace B. Callanan
Mercer Law Review
The 2022 Survey period yielded decisions involving issues of first impression relating to federal trial practice and procedure in the United States Court of Appeals for the Eleventh Circuit. This Article analyzes recent trial practice developments in the Eleventh Circuit, including significant rulings in the areas of consumer debt collections, arbitration, copyrights, Federal Rule of Civil Procedure 54, and a rule change regarding party disclosures.
Blue Water Navy Veterans And The Agent Orange Rulings: A Lifeboat For The Veterans; A Storm Warning For The Vba, 2023 Catholic University of America (Student)
Blue Water Navy Veterans And The Agent Orange Rulings: A Lifeboat For The Veterans; A Storm Warning For The Vba, Jennifer Howley
Catholic University Law Review
Agent Orange was a herbicidal chemical used by the U.S. military for tactical use during the Vietnam War. Although initially told by the government not to worry about exposure to the chemical, veterans, their wives, and their offspring began having severe health and reproductive issues. In the early 1990’s, Congress passed the Agent Orange Act and the government directed the Institute of Medicine to report on the health effects of Agent Orange. Through this approach, Vietnam Veterans could claim benefits for illnesses listed in connection with Agent Orange. But only some Vietnam Veterans.
Initially, only veterans who served on-shore or …
Sacred Spheres: Religious Autonomy As An International Human Right, 2023 The Catholic University of America, Columbus School of Law
Sacred Spheres: Religious Autonomy As An International Human Right, Diana V. Thomson, Kayla A. Toney
Catholic University Law Review
How should courts resolve thorny human rights disputes that arise within religious groups? According to an emerging international consensus, they shouldn’t. When a case involves sensitive internal decisions by a religious organization, such as choosing who is qualified to teach the faith, courts are increasingly taking a hands-off approach. This global consensus has formed across international treaties, tribunals, and domestic courts in European and American nations. Every major human rights instrument and many international and domestic courts recognize that religious freedom must extend to religious communities, especially houses of worship and schools where believers gather to practice their faith and …
Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, 2023 Trinity College
Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, Natalie Maria Caffrey
Senior Theses and Projects
This thesis will examine the limitations in access to abortion and other necessary reproductive healthcare in states that are hostile to abortion rights, as well as discuss the ongoing litigation within those states between pro-choice and pro-life advocates. After analyzing the legal landscape and the different abortion laws within these states, this thesis will focus on the practical consequences of Dobbs on women’s lives, with particular attention to its impact on women of color and poor women in states with the most restrictive laws. The effect of these restrictive laws on poor women will be felt disproportionately due to their …
A Framework For Assessing Whether Civil Penalties Under The False Claims Act Violate The Excessive Fines Clause Of The Eighth Amendment, 2023 University of Cincinnati College of Law
A Framework For Assessing Whether Civil Penalties Under The False Claims Act Violate The Excessive Fines Clause Of The Eighth Amendment, Joel D. Hesch
University of Cincinnati Law Review
Fraud is crippling government programs, such as Medicare and the military. The government’s primary enforcement tool is the False Claims Act (“FCA”), which not only requires that the defendant pay three times the amount of damages, but also mandates a civil penalty of not less than $5,000 and not more than $10,000 (with adjustments for inflation) per violation. Because civil penalties apply to each false claim, complex fraud schemes may result in a defendant being liable for hundreds or even thousands of civil penalties. This article analyzes when civil penalties (or a portion of treble damages) under the FCA violate …
The Business Of Securities Class Action Lawyering, 2023 New York University
The Business Of Securities Class Action Lawyering, Stephen J. Choi, Jessica Erickson, Adam C. Pritchard
Law & Economics Working Papers
Plaintiffs’ lawyers in the United States play a key role in combating corporate fraud. Shareholders who lose money as a result of fraud can file securities class actions to recover their losses, but most shareholders do not have enough money at stake to justify overseeing the cases filed on their behalf. As a result, plaintiffs’ lawyers control these cases, deciding which cases to file and how to litigate them. Recognizing the agency costs inherent in this model, the legal system relies on lead plaintiffs and judges to monitor these lawyers and protect the best interests of absent class members. Yet …
Using Odr Platforms To Level The Playing Field: Improving Pro Se Litigation Through Odr Design, 2023 University of Michigan Law School
Using Odr Platforms To Level The Playing Field: Improving Pro Se Litigation Through Odr Design, J.J. Prescott
Law & Economics Working Papers
In a few short years, court-connected ODR has shown itself capable of dramatically improving access to justice by reducing or eliminating barriers rooted in the simple fact that courts have traditionally offered dispute resolution services only during certain hours, only in particular physical places, and primarily through traditional face-to-face proceedings. Given the monopoly that courthouses have long had on resolving many legal issues, too many Americans have discovered their rights are simply too difficult or costly to exercise. As court-connected ODR systems spread, offering new types of dispute resolution services everywhere and often at any time, people will soon find …
Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, 2023 Seattle University School of Law
Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, Samantha Lyons
Seattle Journal of Technology, Environmental & Innovation Law
The dawning of the digital age introduced new and unique interpretive quandaries for judges and litigators alike. These quandaries include (but are not limited to) misinterpretation of pictorial slang as used in instant messaging, new or collateral meanings invented by phrases paired with specific emoticons or emojis, and the existence of emojis alone as communicative accessories.
This Note analyzes how lawyers and judges have essential free reign to treat emojis as they see fit: a prosecutor can argue, even in good faith, that the inclusion of an emoji depicting an open flame means the sender knew the heroin he sold …
Pooling Patents For Pandemic Progress: Mrna Vaccines And The Broader Context Of Modernatx Inc V. Pfizer Inc., 2023 DePaul University College of Law
Pooling Patents For Pandemic Progress: Mrna Vaccines And The Broader Context Of Modernatx Inc V. Pfizer Inc., Francis Brefo
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Aclu V. Clearview Ai, Inc.,, 2023 DePaul University College of Law
Aclu V. Clearview Ai, Inc.,, Isra Ahmed
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.