Law Commons^™

Table Of Contents, Editorial Board

UNH Sports Law Review

No abstract provided.

Masthead, Editorial Board

UNH Sports Law Review

No abstract provided.

International Litigation, Aaron Marr Page, Jonathan I. Blackman, Carmine D. Boccuzzi, Theodore J. Folkman, Phillip B. Dye Jr., Matthew D. Slater, Howard S. Zelbo, Igor V. Timofeyev, Charles A. Patrizia, Joseph R. Profaizer

The Year in Review

No abstract provided.

Book Review: Commercial Litigation In New York State Courts (5th Ed.) Edited By Robert L. Haig, Kathryn C. Cole

St. John's Law Review

(Excerpt)

Every New York commercial litigator needs as an arrow in her quiver Commercial Litigation in New York State Courts (“Treatise”). Now in its Fifth Edition, this renowned Treatise not only analyzes in-depth the procedural law and the substantive commercial law of New York, but it is replete with invaluable “nuggets of wisdom” and critical guidance for the “attainment of objectives” during a litigation for both plaintiffs and defendants. What began as a three volume resource first published in 1995, the Treatise now boasts ten volumes, 156 chapters (28 of which have been added since the Fourth Edition), and has …

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Give ‘Em The Ol’ Razzle Dazzle: The Ethics Of Trial Advocacy And The Case Of Kyle Rittenhouse, David A. Lord

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—Concealing Identity To Record Is Not An Interception Under Massachusetts Wiretap Statute—Curtatone V. Barstool Sports, Inc., 169 N.E.3d 480 (Mass. 2021), Catherine Cardon

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

International Arbitration: Supreme Court Holds District Courts May Not Order Discovery For Use In Private International Arbitration, Niamh Gibbons

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Editor's Note, Kori Dean

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Securities Law—First Circuit Adopts Irrevocable Liability As Both Necessary And Sufficient Condition For Domestic Securities Test—Sec V. Morrone, 997 F.3d 52 (1st Cir. 2021), Shiri Pagliuso

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.

Constitutional Law—Tightening The Locks To The Schoolhouse Gate—Mahanoy Area Sch. Dist. V. B.L., 141 S. Ct. 2038 (2021), Angela Bartucca

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—Sexual Orientation Recognized As Protected Class For Batson Challenges—Commonwealth V. Carter, 172 N.E.3d 367 (Mass. 2021), Ian Luciano

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—Device Searches Absent Reasonable Suspicion Allow Security Interests To Outweigh Privacy Concerns And Amplify Bias At The U.S. Border—Alasaad V. Mayorkas, 988 F.3d 8 (1st Cir. 2021), Shannah Colbert

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Criminal Law—Third Circuit Holds Proposed Drug Consumption Room Is Criminal Violation Of The Controlled Substance Act—United States V. Safehouse, 985 F.3d 225 (3rd Cir. 2021), Veronica Lee

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Cross-Examination Content And The "Power Of Not", Patrick C. Brayer

Faculty Works

One of the challenges in constructing an impactful cross-examination (cross) is creating content. Many trial attorneys can effectively identify issues in the discovery process but fail to communicate to the fact finder the power of the facts as they relate to the case. Depositions can be artfully conducted and interrogatories expertly administered, but if the presenter of the evidence is unable to translate basic facts into vivid images and stories, then once-dominant discovery revelations can often be reduced to tepid references. After years of preparing one case, many trial attorneys are so hardened to the basic facts that they fail …

Brief Of Professor Brandon Hasbrouck As Amicus Curiae In Support Of Appellant: Bell V. Streeval, Brandon Hasbrouck

Scholarly Articles

The core question raised by this case is whether a federal prisoner serving an unconstitutional sentence can be foreclosed from post-conviction habeas relief by the gatekeeping provisions of § 2255. The Constitution answers that question in the negative through the Suspension Clause. “[F]reedom from unlawful restraint [i]s a fundamental precept of liberty,” and the writ of habeas corpus “a vital instrument to secure that freedom.” Boumediene, 553 U.S. at 739. The importance of the common law writ was such that the Framers specified that it could be suspended only in the most exigent circumstances. U.S. Const. art. I, § …

Physical Losses, Invisible Damages: Finding Coverage For Business Interruption Insurance Claims Sustained During The Covid-19 Pandemic, Mason Medeiros

Minnesota Journal of Law, Science & Technology

No abstract provided.

United States V. Donziger: How The Mere Appearance Of Judicial Impropriety Harms Us All, Jackie Kushner

Journal of Law and Policy

In 2011, environmentalist lawyer Steven Donziger was sued in a retaliatory lawsuit by the oil company Chevron, following his securement of a multibillion-dollar award against the company for its environmental harms in Ecuador. In a case rife with judicial impropriety, Donziger was ultimately charged with criminal contempt of court and his charges were prosecuted by a private attorney. These suits exemplify the growing problem of powerful corporations using legal tactics to retaliate against activists and undermine the legitimacy of the legal system. Federal judges contribute to the problem by misusing the extensive power they hold in distinguishing criminal from civil …

Officer-Created Jeopardy And Reasonableness Reform: Rebuttable Presumption Of Unreasonableness Within 42 U.S.C. § 1983 Police Use Of Force Claims, Bryan Borodkin

University of Michigan Journal of Law Reform

This Note analyzes the current state of civil law surrounding police use of excessive force, highlighting the evolution of the “objective reasonableness” test employed in civil police use of force lawsuits brought under 42 U.S.C. § 1983. This Note also discusses the role that social movements and surveillance technologies have played in furthering police accountability and shifting public opinion surrounding police use of force. After detailing this social and technological context, this Note addresses the numerous problems presented by the “objective reasonableness” test employed within civil police use of force cases, analyzing this problematic test from the perspective of both …

Racial Trauma In Civil Rights Representation, Angela Onwuachi-Willig, Anthony V. Alfieri

Michigan Law Review

Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of adversely impacted individuals and groups but also for greater awareness of the risks of secondary or vicarious trauma for lawyers who represent traumatized clients and communities. In this Article, we join this chorus of attorneys and academics. Harnessing the recent civil rights case of P.P. v. Compton Unified School District …

The Rules Of The Malpractice Game: Affidavit Of Merit Statutes, Erie, And The Cautionary Tale Of An Overbroad Application Of Rule 11, Deanna Arpi Youssoufian

Brooklyn Law Review

In an effort to combat the rise in potentially frivolous lawsuits against professionals, including physicians, attorneys, and journalists, states have passed malpractice legislation requiring plaintiffs to file an affidavit of merit (AOM) attesting to the validity of their claims. However, these AOM statutes may conflict with Federal Rule of Civil Procedure 11, which provides that “a pleading need not be verified or accompanied by an affidavit” unless a rule or statute states otherwise. This is a classic Erie/choice-of-law problem for federal courts sitting in diversity, which are tasked with applying federal procedural law and state substantive law, and now must …

Protecting The Constitution While Protecting Victims: Challenges To Pro Se Cross-Examination, Katharine L. Manning

Brooklyn Law Review

Defendants have constitutional rights to cross-examine witnesses and to represent themselves. But when these rights are combined, they can have devastating effects on crime victims. All too often, defendants use the rights in a last-ditch effort to harass, bully, and intimidate the crime’s victims, sometimes leading to a dismissal of charges altogether, as victims withdraw their testimony to avoid personal cross-examination by the defendant. It does not have to be this way. Numerous courts have allowed standby counsel to conduct cross-examination of the victim within constitutional constraints. This article explores the limitations courts have imposed on pro se cross-examination to …

International Litigation, Aaron Marr Page, Jonathan I. Blackman, Carmine D. Boccuzzi, Theodore J. Folkman, Phillip B. Dye Jr., Matthew D. Slater, Howard S. Zelbo, Igor V. Timofeyev, Charles A. Patrizia, Joseph R. Profaizer

The Year in Review

No abstract provided.

Law School News: Professor Of The Year 2022: Brittany Reposa 05/19/2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism, The Honorable Pierre Bergeron

University of Cincinnati Law Review

No abstract provided.

Examination Of Eviction Filings In Lancaster County, Nebraska, 2019–2021, Ryan Sullivan

Nebraska College of Law: Faculty Publications

The study examined and analyzed eviction filings and proceedings in Nebraska, with a specific focus on Lancaster County—the home to the State’s capital, Lincoln. The primary objective of this study is to place eviction proceedings under a microscope to gain a better understanding of the volume of evictions in Nebraska, and whether the statutorily mandated processes are being followed. The study also attempts to capture the impact of certain external factors present during the period examined. Such factors include the COVID-19 pandemic and various eviction moratoria in place during 2020 and 2021, as well as the increased availability of legal …

Government Discretion Advised (Even If It’S Unconstitutional): How The Eleventh Circuit Has Expanded The United States’S Immunity From Tort Suits, John Rodriquez

Mercer Law Review

Mackie Shivers, a sixty-four-year-old man, was stabbed in the eye by his mentally-ill cellmate with a pair of scissors. Although the attack left Shivers permanently blind, he received no legal remedy to compensate him for his injuries. This result is due, at least in part, to the United States Court of Appeals for the Eleventh Circuit’s decision to interpret the discretionary function exception to the Federal Torts Claim Act (FTCA) in a broader way than virtually all of its sister circuits. The holding by the Eleventh Circuit in Shivers v. United States bars FTCA claims under the exception even for …

So Help Me, God, Decide This Case: The Eleventh Circuit’S New Standard For Dismissing Religious Jurors During Deliberations, Amanda Claxton

Mercer Law Review

You are on trial for a crime. Maybe you did precisely what the government claims, though perhaps not. However, a judge will not decide your fate because you exercised your constitutional right to a jury trial. During deliberations, you hear that a juror practices a religion condemning those who commit the crime you are accused of. You feel the juror would unfairly prejudice your chances of walking away freely. To your dismay, the judge refuses to dismiss the juror. You ask whether allowing this prejudicial juror to determine your fate is legal. After United States v. Brown, it is. …