Law Commons^™

A Practical Overview Of U.S. Immigration Removal Proceedings, Administration Agencies And Respondent's Forms Of Relief, Vy Thuan Nguyen

North Carolina Central Law Review

No abstract provided.

The Failure Of The Deliberate Indifference Standard: How Marbury V. Warden Gives Prison Officials More Justification To Devalue Life, Bex Kolins

North Carolina Central Law Review

No abstract provided.

Who Should Decide? Why Arizona Courts Should Reevaluate Their Reweighing Procedures, Andrea Johnson

North Carolina Central Law Review

No abstract provided.

Unequal Liberty And A Right To Education, Helen Hershkoff, Nathan Yaffe

North Carolina Central Law Review

No abstract provided.

Perspectives On The Restatement Of The Law, Liability Insurance: What's All The Hoopla About?, Elizabeth C. Sackett, Jeffrey E. Thomas

Faculty Works

No abstract provided.

Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson

Faculty Works

A troubling legacy of American chattel slavery is the justice system’s continued failure to provide adequate protection to African-American crime victims. This piece focuses on the law’s historic unwillingness to shield Black girls from acts of sexual violence. During slavery, lawmakers refused to criminalize rape committed against Black girls and women based not only on the fact that they were considered property but also on stereotypes about their sexuality. Even though the law now criminalizes the rape of Black girls, African-American rape survivors encounter more skepticism and hostility when they come forward with their stories compared to their White counterparts. …

Willowood V. Syngenta Petition For Certiorari Asks Supreme Court To Weigh In On Copyright Protection For Generic Pesticide Labeling, Christopher M. Holman

Faculty Works

No abstract provided.

Procedural Fairness In A Pandemic: It's Still Critical To Public Trust, Kevin S. Burke, Steve Leben

Faculty Works

Social science research shows that when judges apply procedural fairness (procedural justice) principles while handling cases, litigant satisfaction with the court system and willingness to comply with court orders increases. These principles call for judges to be sure people in court have a chance to be heard, are dealt with by a neutral but empathetic judge, and have a good explanation of both procedures and outcome.

The COVID-19 pandemic has disrupted normal court operations, putting additional pressures on both courts and litigants. The pandemic has also occurred when public trust in institutions generally is lower than normal. Since adherence to …

Introduction To Symposium Issue: Organizational And Transactional Structures For Social Entrepreneurship, Anthony J. Luppino

Faculty Works

No abstract provided.

Front Matter, Jtaa Editors

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.

Editor's Note, Nick Mclaughlin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Not Tested On Animals: The Future Of Cosmetic Animal Testing In The U.S. And Beyond, Jane K. Innis

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Massachusetts Noncompetition Agreement Act: A Rose Of A Different Color, Helen Yuxuan Huang

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

More Tariffs, More Protection[Ism], Jessica A. Mehaylo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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.

Constitutional Law - Eighty-Six The Sixth Amendment: The Sixth Amendment Right To Counsel Applies To Pre-Indictment Plea Negotiations Too - Turner V. United States, 885 F.3d 949 (6th Cir. 2018)(En Banc), Sierra Lovely

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - America's Drone War Abroad - Jaber V. United States, 861 F.3d 241 (D.C. Cir. 2017), Stephen R. Harris

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Advocating Altering Advocacy Academics: A Proposal To Change The Pedagogical Approach To Legal Advocacy, C. J. Williams

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Raising The Bar: New Wave Of Climate Tort Litigation Blocks State And Local Governments Seeking Relief From Effects Of Climate Change In Federal Court, Thomas Stirrat

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Equal - But Not For Everyone - Protection? Disparate Transgender Rights In Prisons Across The U.S. And The Subsequent Effect On Mental Health, Cairin M. Fay

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

New Function For An Injunction: Department Of Justice Utilizes Temporary Restraining Order To Stop Excessive Prescribing And Selling Of Opioids - Will Massachusetts Follow Suit?, Shauni Tyler Lynch

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - Don't Shoot The Messenger: The First Circuit Upholds Massachusetts Assault Weapons Ban - Worman V. Healey, 922 F.3d 26 (1st Cir. 2019), Meaghan R. Callahan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - Freedom From Accidental Shootings By Police Is Not A Clearly Established Right For The Purposes Of Qualified Immunity - Corbitt V. Vickers, 929 F.3d 1304 (11th Cir. 2019), Hannah A. Jacobs

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

One Should Not Pay For All - Drug Quantity Triggering Mandatory Minimums Should Be Individualized In Conspiracy Sentencing, Hunter R. Wildrick

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Circuit Split On Constitutionality Of Public Carry Statutes: Why The Supreme Court Should Hold That States And Municipalities Know Best, Nick Mclaughlin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

There Oughta Be A Law: What Corporate Social Responsibility Can Teach Us About Consumer Contract Formation, Colin P. Marks

Faculty Works

This Article examines the American Law Institute’s Restatement of the Law of Consumer Contracts, with particular focus on Section 2 and its adoption of the rolling contract theory and notice-based assent to standard terms. Tracing the doctrinal roots of this approach to ProCD v. Zeidenberg and its progeny, the Article situates contemporary consumer contract formation within broader debates over assent, efficiency, and fairness in both offline and online transactions. Rather than engaging solely in doctrinal critique, the Article draws on corporate social responsibility (CSR) literature to argue that market forces alone are insufficient to regulate how businesses present standard terms …

Glaxosmithkline V. Teva: Holding A Generic Liable For An Artificial Act Of Inducement, Christopher M. Holman

Faculty Works

No abstract provided.

Congress Should Decline Ill-Advised Legislative Proposals Aimed At Evergreening Of Pharmaceutical Patent Protection, Christopher M. Holman

Faculty Works

There is a widespread perception that drug prices in the U.S. are much higher than they should be, and that the problem is only getting worse. Critics argue that the pharmaceutical industry is improperly gaming the system in a manner that takes advantage of legal loopholes and administrative limitations to the detriment of patients and third-party payers. Both houses of Congress responded in 2019 with a slew of hearings focused on pharmaceutical pricing, and dozens of bills have been introduced that would attempt to bring down the cost of drugs. Much of the discussion, and some of the proposed legislation, …

Ajinomoto V. Itc, The Doctrine Of Equivalents, And Biomolecule Claim Limitations At The Federal Circuit, Christopher M. Holman

Faculty Works

The doctrine of equivalents (DOE) allows a court to hold an accused infringer liable for patent infringement in spite of the fact that the accused product (or process) does not fall within the literal scope of the asserted patent claim(s). Prosecution history estoppel (PHE), which can be triggered by a narrowing amendment of a patent claim during patent prosecution, or by arguments made during prosecution, imposes significant constraints on the ability of a patentee to assert the DOE. The 1990s and early 2000’s saw a proliferation of legal commentary postulating that the DOE would play an important role in protecting …