Law Commons^™

Consequences Of An Insurer's Breach Of The Duty To Defend: Columbia Casualty Co. V. Hiar Holdings, Llc In The Context Of The Ali Restatement Of The Law Of Liability Insurance, Jeffrey E. Thomas

Faculty Works

An insurer's duty to defend in connection with liability insurance policies is well-established and reasonably well understood. The consequences for the breach of that duty, however, are much less clear. On one hand, one might argue that this duty is a contractual duty giving rise to contractual remedies. The insured provides its own defense and, if the insurer wrongfully failed to provide a defense, the insured is entitled to reimbursement of its defense costs. On the other hand, this remedy seems insufficient; the value on an insurer's participation in the defense of a case goes beyond well merely paying the …

Clear As Mud: Pleasant Grove City V. Summun And Riding The Undefined Line Between Government Speech And Private Speech In A Public Forum, Jessica L. Thornhill

MC Law Review

Note

A Question Of Taste: Touchstones For Determining The Certifiability Of Classwide Claims For Declaratory And Injunctive Relief Under Rule 23 Of The Federal Rules Of Civil Procedure, Randy D. Gordon

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Claim Accrual Under The Federal Tort Claims Act: When Should Claimants File Suit Against The Federal Bureau Of Investigation For Tort Liability, Caitlin A. Romasco

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Firearms Identification: The Need For A Critical Approach To, And Possible Guidelines For, The Admissibility Of Ballistics Evidence, Bonnie Lanigan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Swept Under The Rug: The Brady Disclosure Obligation In A Pre-Plea Context, Daniel Conte

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Closing The Loophole In Massachusetts Protection Order Legislation To Provide Greater Security For Victims Of Sexual Assault: Has Massachusetts General Laws Chapter 258e Closed It Enough, Hayley Jodoin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Cafa's Impact On Forum Shopping And The Manipulation Of The Civil Justice System, Kalee Difazio

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - In Protecting One's Right To Speak, The First Amendment Also Protects One's Right To Lie - 281 Care Committee V. Arneson, 638 F.3d 621 (8th Cir. 2011), Jaclyn Mcneely

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Criminal Law - Use Of Equitable Tolling To Enforce Violations Of Supervised Release After Original Term Has Expired - United States V. Buchanan, 638 F.3d 448 (4th Cir. 2011), Eric Speed

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Play Through The Whistle: The Scope Of Anti-Retaliation Protection For Employee Complaints Pursuant To Erisa Section 510, James Coughlin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Outpatient Commitment: The Role Of Counsel In Preserving Client Autonomy, R. A. Bernfeld

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Disadvantaged Plaintiff: Is It Time To Revisit The Foreign Sovereign Immunities Act, Matthew Engellenner

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - Revising The Application Of Tinker And Fraser In The Age Of The Internet - J.S. Ex Rel. Snyder V. Blue Mountain School District, 650 F.3d 915 (3d Cir. 2011), Christopher Lynett

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Criminal Law - Failed The Breathalyzer: Just Contest The Location Of The Stop - Commonwealth V. Virgilio, 947 N.E.2d 1112 (Mass. App. Ct. 2011), Jillise Ketcham

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Criminal Law - New Evidence In Gateway Claim Of Actual Innocence Requires Evidence Not Previously Available At Trail - Kidd V. Norman, 651 F.3d 947 (8th Cir. 2011), David Cashman

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - Seventh Circuit Denies Sovereign Immunity Defense To Counterclaims For Appealing State Agency - Board Of Regents Of The University Of Wisconsin System V. Phoenix International Software, Inc., 653 F.3d 448 (7th Cir. 2011), Daniel S. Tyler

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Still Disconnected: Current Failures Of Statutory Approaches To Bullying Prevention In Schools, Daniel B. Weddle

Faculty Works

No abstract provided.

Standing On Holy Ground: How Rethinking Justiciability Might Bring Peace To The Establishment Clause, John M. Bickers

Cleveland State Law Review

The Establishment Clause is home to both procedural and substantive disorder. Particularly when evaluating religious speech by the government, the Supreme Court has applied a number of distinct tests, with varying degrees of strictness. There has never been an overarching principle for determining which test would appear at which time; commentators, and occasionally the Justices themselves, have suspected that desired results drove the choice of tests. At the same time, the Court has articulated a series of requirements necessary for a plaintiff to have standing to challenge government action, only to ignore them in government religious speech cases. The resulting …

The Adam Walsh Child Protection And Safety Act: Legal And Psychological Aspects Of The New Civil Commitment Law For Federal Civil Commitment Law For Federal Sex Offenders , John Fabian

Cleveland State Law Review

The Adam Walsh Act (AWA) became law on July 27, 2006, and is the most expansive and punitive sex offender law ever initiated by the federal government. One aspect of the statute, and the topic of this article, is the civil commitment of federal sex offenders. The AWA civil commitment law has its roots in prior U.S. Supreme Court cases including Kansas v. Hendricks and Kansas v. Crane. While the federal commitment statute is similar to traditional state commitment laws, the AWA does not provide for a finding of "likely" to commit sex offenses. Rather, the statute defines a "sexually …

The Faces Of The Second Amendment Outside The Home: History Versus Ahistorical Standards Of Review, Patrick J. Charles

Cleveland State Law Review

This article disagrees that the courts need to reinvent or recast the Second Amendment outside the home to reflect its “fundamental” status as recognized in Heller and McDonald. The history of public arms regulation already provides significant guideposts for the courts to adjudicate the right to “keep and bear arms” in public. To accomplish this, it requires placing history in context and not letting mythical interpretations or historical assumptions to permeate.Thus, this article begins by decoding the public carrying of arms as the founding generation would have understood it. It provides substantiating historical evidence that counters the mythical meanings of …

An Environmental Law Even Judge Learned Hand Would Violate: Ohio Epa Needs Non-Monetary Penalties To Enforce Construction Npdes Permits, David Emerman

Cleveland State Law Review

The Ohio EPA regulates construction sites by issuing NPDES permits that impose restrictions on the discharge of stormwater. Construction sites, however, have little incentive to follow these requirements. For many construction sites, it is more economical to be out of compliance and risk an unlikely fine than to comply with the permit. When these construction sites are out of compliance, stormwater runoff carries sediment into waterways and adversely affects water quality. In negligence torts, the Learned Hand Formula is used to determine what a reasonable person would do. The Learned Hand Formula, when applied to what an economically reasonable construction …

Procedure In Eclipse: Group-Based Adjudication In A Post-Concepcion Era, Myriam Gilles

Saint Louis University Law Journal

No abstract provided.

Terrorism Financing Indicators For Financial Institutions In The United States, Richard K. Gordon

Faculty Publications

At least since the Financial Action Task Force (FATF) first published its Forty Recommendations, financial institutions in FATF-compliant jurisdictions have been required to implement preventive measures that require FIs to identify customers, establish client profiles, monitor for unusual transactions, review those transactions to see if there was suspicion that they involved the proceeds of crime and, if so, report the transaction to the authorities in the form of a suspicious transaction report (STR). When these requirements were first established, neither financial institutions nor their supervisors/regulators had much experience as to what in a client's profile and the client's patterns of …

Bearing Down On Trademark Bullies, Irina D. Manta

Fordham Intellectual Property, Media and Entertainment Law Journal

Trademark bullying has become a persistent problem, with large companies intimidating smaller entities with cease and desist campaigns and achieving anti-competitive results. A number of tactics exist to deal with bullying behavior. One of them is the imposition of judicial sanctions, but the standards in that area are unclear and the defendants often do not have the financial means to engage in litigation at all. Other, extralegal measures such as shaming have shown some success, but also present numerous drawbacks and prove insufficient when used against powerful actors. This symposium contribution proposes a new model that draws on the existing …

Seamaster-Ing The First Sale Doctrine: A Tripartite Framework For Navigating The Applicability Of Section 109(A) To Gray Market Goods, Daniela Alvarado

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Recidivism Rates Of Youth Discharged From Supervision 2006 - 2009, Becky Noréus, Jillian Foley Mppm

Justice Policy

The Maine Department of Corrections (MDOC) Division of Juvenile Services (DJS) collaborates with the Muskie School of Public Service in a state‐university partnership to analyze juvenile recidivism rates. DJS measures juvenile justice outcomes to guide policy and program development geared toward recidivism reduction. Reduction of youth recidivism in Maine increases public safety.

Recidivism in this report is defined as a re‐adjudication (juvenile system) or conviction (adult system) for a new offense committed by a youth in Maine within three years after release from DJS supervision. This report measures DJS impact on youth who have been released from DJS supervision by …

Response/Reply Brief Of Appellants/Cross-Appellees, Jacob Scoggins V. Lee's Crossing Homeowners, 718 F.3d 262, Docket No. 11-02202 (Seventh Circuit Court Of Appeals 2013), J. Damian Ortiz, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

Defendant Answer To Complaint, Affirmative Defenses, And Counterclaims, U.S. Bank, National Association V. Dunn, Docket No. 1:12-Cv-01963 (Northern District Of Illinois 2012), F. Willis Caruso, John Marshall Law School Pro Bono Program

Court Documents and Proposed Legislation

No abstract provided.

Punishment And Work Law Compliance: Lessons From Chile, Cesar F. Rosado Marzan

Hofstra Labor & Employment Law Journal

Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …