Law Commons^™

The Continuing Legacy Of Enron: Whistleblowing Under The Sarbanes-Oxley Act After Lawson V. Fmr Llc, Allen K. Barrett

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Seeing Is Believing: Should Massachusetts Courts Adopt Sjc Recommendations For Eyewitness Testimony, Annabel Rodriguez

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Daubert Debunked: A History Of Legal Retrogression And The Need To Reassess Scientific Admissibility, Barbara Billauer Pfeffer

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Resolving Custodial In Custodial Interrogation Pertaining To Miranda Warnings: The Balance Between Individual Rights And Police Effectiveness, Jonathan D. Blanton

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Blood Relations: Analyzing Kinship Based, Gang-Related Asylum Claims Under The Lens Of Understanding Particular Social Groups, Maria S. Hwang

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Family Law - Interested Person's Lack Of Advocacy Approach Awareness Prompts Motion To Intervene Denial - In Re Guardianship Of B.V.G., 27 N.E.3d 842 (Mass. App. Ct. 2015), Kathryn E. Martin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Lawn Sign Litigation: What Makes A Statue Content-Based For First Amendment Purposes, Leah K. Brady

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - The Second Amendment With A Rational Bite: Looking For A Heightened Standard Of Review - Chief Of Police Of City Of Worcester V. Holden, 26 N.E.3d 715 (Mass. 2015), Michael F. Grimes

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

But-For Nassar, There Would Not Be A Causation Conundrum In Title Vii Retaliation Litigation: How University Of Texas Southwest Medical Center V. Nassar Makes It Harder For Employees To Prevail, Katherine Todd Stark

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

A Blessed Union: Technology Expanding Private Conversations Exempted By Massachusetts's Spousal Disqualification Rule To Voicemail Messages, Caterina A. Sacchini

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Peeking Inside The Black Box: A Preliminary Survey Of Technology Assisted Review (Tar) And Predictive Coding Algorithms For Ediscovery, Shannon Brown

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Who's Calling The Shots: Individual V. State: A Look Inside The Exemption Laws And The Threats Of Foregoing Vaccinations, Lyndsey B. Davis

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - Shocking Results: Upholding The Prohibition Against The Civilian Possession Of Electrical Weapons - Commonwealth V. Caetano, 26 N.E.3d 688 (Mass. 2015), Vacated And Remanded Sub Nom. Caetano V. Massachusetts, 136 S. Ct. 1027 (2016), Kevin L. Corbin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Customary International Law: A Reconceptualization, Roozbeh (Rudy) B. Baker

Brooklyn Journal of International Law

The current state of international law is one of deep confusion over the role of state practice and opinio juris within the customary element. The debate between adherents of “modern custom” versus those of “traditional custom” has resulted in deep uncertainty and confusion. New theories of customary international law have proved inadequate in clarifying the current state of the field. Confusions over the meanings and relationships between state practice and opinio juris aside, current approaches are all also flawed due to a heavily state-centric bias that fails to take into account the very real affects that norm-generating transnational actors have …

Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic, Casey Tripoli

Brooklyn Journal of International Law

In the last two decades, the overall activity of the counterfeit market has expanded and risen 10,000 percent. This dramatic shift corresponds to growth of the Internet, which has unified the fascination of obtaining cheap, illegitimate goods with the efficiency of a mouse click. With the expected continued inflation of the counterfeit market comes a host of new concerns, namely, how to determine who is responsible for the distribution of these knockoffs, and who should be ordained to limit them in the marketplace. In both the United States and the European Union, however, outdated laws produce a mélange of inadequate …

A Cautionary Look At A Cautionary Doctrine, Andrew W. Fine

Brooklyn Journal of Corporate, Financial & Commercial Law

Optimism is an indispensable element of effective salesmanship. It is therefore quite natural for the directors of public companies to want to optimistically tout the potential long-term benefits of investing in their companies. After all, directors of public companies must be empowered to attract the attention and money of American investors. But what happens if these long-term projections fail to come true? Who is to blame for long-term projections that are simply unrealistic? A doctrine called the “bespeaks caution” doctrine has emerged in order to govern these inquiries, and holds that these optimistic forward-looking statements are legally immunized provided that …

Amended Complaint, Weiner V. Prairie Park, Docket No. 1:16-Cv-01889 (N.D. Ill. 2016), Allison Bethel

Court Documents and Proposed Legislation

No abstract provided.

Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein

Journal of Law and Policy

Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …

Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney

Journal of Law and Policy

Over the past several decades, there has been an unmistakable tension between labor law and immigration law in the United States. That tension, addressed by the Supreme Court most recently in 2001, still exists for unauthorized immigrant workers who wish to assert their labor rights under the National Labor Relations Act (NLRA). While the Obama Administration has made significant strides in easing the concerns that unauthorized immigrant workers may have before filing an NLRA claim, the unavailability of the back pay remedy and the uncertainty of protection from immigration authorities leave little incentive for such workers to assert their labor …

The New Governance And The Challenge Of Litigation Bylaws, Jill E. Fisch

Brooklyn Law Review

Corporate governance mechanisms designed to ensure that managers act in shareholders’ interest have evolved dramatically over the past 40 years. “Old governance” mechanisms such as independent directors and performance-based executive compensation have been supplemented by innovations that give shareholders greater input into both the selection of directors and ongoing operational decisions. Issuer boards have responded with tools to limit the exercise of shareholder power both procedurally and substantively. This article terms the adoption and use of these tools, which generally take the form of structural provisions in the corporate charter or bylaws, the “new governance.”

Delaware law has largely taken …

A Brief Survey Of The Treatment Of Electronically Stored Information By Federal Agencies, Richard Dauphinais

University of Baltimore Law Review

Discovery involving electronically stored information (ESI) in federal court litigation has been a matter of extensive discussion in the legal community. Somewhat less examined has been the treatment of ESI by federal agencies. This article takes a look at how some agencies have addressed issues related to ESI. By the late 1990s, federal court practitioners and judges had recognized that the increased use of computers was generating enormous amounts of ESI. The increase in ESI, in turn, affected litigation because it "expanded exponentially" the "universe of discoverable material." Prior to 2006, the federal courts dealt with the discovery of electronic …

The Past, Present, And Future Of Predictive Coding, Matthew G. Kenney

Florida A & M University Law Review

Electronic discovery, or e-discovery, refers to the discovery of electronically stored documents and images.' Examples of e-discovery related documentation would include email, digital versions of paper documents (e.g. MS Word, PDF, Excel, and PowerPoint), social media postings, digital photos, Global Positioning System data, and content within computerized databases, etc. Digital data stored on computers, smartphones, tape drives, hard-drives, portable digital storage devices and the like would fall under the domain of e-discovery. Collecting and sorting massive amounts of electronically stored data presents both opportunities and challenges for lawyers.

For context: In 2015, electronic discovery was a $10.2 billion global industry. …

Cognitive Bias, The 'Band Of Experts,' And The Anti-Litigation Narrative, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

In December of 2015, yet another set of discovery rule amendments that are designed to limit discovery will go into effect. This article argues that the consistent pattern of discovery retrenchment is no accident. Rather, a combination of forces is at work. The Supreme Court consistently signals its contempt for the discovery process, and the Chief Justice’s pattern of appointments to the Rules Committees skews toward Big Law defense-side lawyers and judges appointed by Republican Presidents. In addition, longstanding corporate media campaigns have created and reinforced an anti-litigation narrative that, through the power of repetition, dominates public discourse. Further, predictable …

Fool Me Twice: Zubik V. Burwell And The Perils Of Judicial Faith In Government Claims, Mark L. Rienzi

Scholarly Articles

This article proceeds in three parts. Part I examines the three government concessions that made the Supreme Court’s Zubik decision possible and how those concessions ultimately revealed that it is possible to protect both contraceptive access and religious liberty. Part II discusses how the circuit courts were brought to emphatically adopt positions the government would ultimately abandon under the slightest pressure. Part III concludes with some key lessons lower courts should take from Zubik to better protect the integrity of both the court system and religious-liberty laws.

Nfc Technology Llc V. Htc America, Inc.: Judge Bryson's Sitting-By-Designation Guide To Securing Stays In Light Of Inter Partes Reviews, Jonathan Stroud

American University Law Review

No abstract provided.

Expert Prevalence, Persuasion And Price: What Trial Participants Really Think About Experts, Andrew W. Jurs

Indiana Law Journal

By measuring how expert witnesses are actually used in court, this study offers important new data about what makes expert effective and suggests that some commonly held beliefs about experts are misguided. In doing so, the data establishes an important new baseline for measuring expert witnesses in court, updating and expanding on prior research in the field.

The Customer's Nonwaivable Right To Choose Arbitration In The Securities Industry, Jill I. Gross

Brooklyn Journal of Corporate, Financial & Commercial Law

Arbitration has been the predominant form of dispute resolution in the securities industry since the 1980s. Virtually all brokerage firms include predispute arbitration agreements (PDAAs) in their retail customer contracts, and have successfully fought off challenges to their validity. Additionally, the industry has long mandated that firms submit to arbitration at the demand of a customer, even in the absence of a PDAA.

More recently, however, brokerage firms have been arguing that forum selection clauses in their agreements with sophisticated customers (such as institutional investors and issuers) supersede firms’ duty to arbitrate under FINRA Rule 12200. Circuit courts currently are …

The Sixth Pillar Of Anti-Money Laundering Compliance: Balancing Effective Enforcement With Financial Privacy, Maria A. De Dios

Brooklyn Journal of Corporate, Financial & Commercial Law

The U.S. government has responded to the increase of financial crimes, including money laundering and terrorist financing, by requiring that financial institutions implement anti-money laundering compliance programs within their institutions. Most recently, the Financial Crimes Enforcement Network exercised its regulatory powers, as authorized by the Treasury Department, by proposing regulations that now explicitly add customer due diligence to the preexisting anti-money laundering regime. The policy behind the government’s legislative and regulatory measures is clear—financial institutions must ensure that they are protected from and not aiding in the illegal efforts of criminals. The complexity and insidiousness of these financial crimes makes …