Litigation Commons^™

Crimes Involving Moral Turpitude: Determining Authority Towards A Strictly Categorical Approach And Demonstrating Potential Plea Bargain Implications, Julia Myers

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Criminal Law - When Upskirting Was Not Illegal: A Court Ordered Legislative Fix - Commonwealth V. Robertson, 5 N.E.3d 522 (Mass. 2014), Joana L. Stathi

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - Opening The Doggy Door For Animal Rights And Other Issues Under The Emergency Aid Exception - Commonwealth V. Duncan, 7 N.E.3d 469 (Mass. 2014), Kassandra C. Tat

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Lose The Battle, Win The War: The Use, Dangers, And Problems Surrounding Rules 806 And 608(B), And How They Can Be Fixed, Gregory J. Gianoni

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

A Patriotic Playground: Reexamining The Constitutionality Of The Daily Recitation Of The Pledge Of Allegiance In Public Schools, Carlie S. Seigal

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Quintessential Political Problem: Current Conditions Justifying Current Burdens And The Modern Shift In Election Law Scrutiny, Joseph P. Mccarthy

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

A New Era In Juvenile Justice: Expanding The Scope Of Juvenile Protections Through Neuropsychology, Scott Lenahan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

A Digital Albatross': Navigating The Legal Framework Of Domestic Police Drone Technology Versus Privacy Rights In Massachusetts And Beyond, Gregory J. Galizio

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Bankruptcy- Is It Over Even Though No One Is Singing: Determining Finality In Bankruptcy Appeals- Bullard V. Hyde Park Sav. Bank (In Re Bullard), 752 F.3d 483 (1st Cir. 2014), Corey W. Silva

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law-First Circuit Court Of Appeals Upholds A Citizen's Right To Film A Police Officer During A Traffic Stop Absent A Reasonable Restriction-Gericke V. Begin, 753 F.3d 1 (1st Cir. 2014), John J. Ryan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Testamentary Capacity Litigation In Virginia, F. Philip Manns Jr.

Richmond Journal of Law and the Public Interest

In Rust v. Reid, a 1918 case involving testamentary capacity, the Supreme Court of Virginia wrote the "cases upon this subject are almost without number, and they are not to be reconciled," but Rust referred to "all of the decisions of this court on the subject of competency of jurors," which also had been at issue in the case. However, in its decision in Rust, the Court easily could have leveled the same self-criticism about its cases deciding (1) which party bears the burden of proof in testamentary capacity litigation; (2) whether a presumption of testamentary capacity exists; and (3) …

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Akron Law Faculty Publications

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …

Fire Service Leadership And The Impact Of Civil And Criminal Litigation On Officer Recruitment And Retention, Cameron Edward Borchert

Online Theses and Dissertations

Litigation in any industry is a driving force in the need for change management. There are very few industries that have not felt the direct effects of liability and litigation. For generations the fire service has enjoyed a sort of protected status as a result of the general good will the public has offered. There are many reasons for this, not the least of which being that firefighters routinely will risk their lives in the service of others. However, in recent years, fire departments across the United States have experienced increasing incidents of civil and criminal litigation. The core issue …

Class Counsel As Litigation Funders, Morris A. Ratner

Faculty Scholarship

No abstract provided.

Appraisal Arbitrage And The Future Of Public Company M&A, Minor Myers, Charles R. Korsmo

Faculty Scholarship

No abstract provided.

Social Media: Children’S Lawyer’S Friend And Foe, Jennifer Baum, Sarah N. Fox

Faculty Publications

(Excerpt)

Social media is taking over the globe. The Pew Research Internet Project states that in the United States, 95 percent of 12- to 17-year-old children are online. Teenagers are also sharing more and more information online: 91 percent of teenagers post a photo of themselves, 92 percent post their real name, and 71 percent post the city or town where they live. “Teens Fact Sheet,” Pew Res. Internet Project (Sept. 2012). This information, in the wrong hands, can be harmful to a child. The Children’s Online Privacy Protection Rule, designed to safeguard children’s information and access online, is a …

Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton

Cornell Law Faculty Publications

The American class action is a procedural tool that advances substantive law values such as deterrence, compensation, and fairness. Opt-out class actions in particular achieve these goals by aggregating claims not only of active participants but also passive plaintiffs. Full faith and credit then extends the preclusive effect of class judgments to other U.S. courts. But there is no international full faith and credit obligation, and many foreign courts will not treat U.S. class judgments as binding on passive plaintiffs. Therefore, some plaintiffs may be able to wait until the U.S. class action is resolved before either joining the U.S. …

They Had Nothing, Charles Wilkinson

Publications

No abstract provided.

Does The Quality Of The Plaintiffs' Law Firm Matter In Deal Litigation?, Adam B. Badawi, David H. Webber

Faculty Scholarship

This Article examines how the stock market reacts to the filing of lawsuits against mergers and acquisitions targets as the quality of the plaintiffs’ law firm varies. Our primary dataset includes all cases of this type filed in the Delaware Chancery Court from November 2003–September 2008. We group the law firms that file these suits into higher and lower quality categories using several quantitative and qualitative measures. We hypothesize that target firm share value should reflect the likelihood that litigation will result in an increase in merger consideration. This effect is likely to depend, at least in part, on law …

Certiorari And The Marriage Equality Cases, Carl W. Tobias

Law Faculty Publications

Marriage equality has come to much of the nation. Over 2014, many district court rulings invalidated state proscriptions on same- sex marriage, while four appeals courts upheld these decisions. However, the Sixth Circuit reversed district judgments which struck down bans in Kentucky, Michigan, Ohio, and Tennessee. Because that appellate opinion created a patchwork of differing legal regimes across the country, this Paper urges the Supreme Court to clarify marriage equality by reviewing that determination this Term.

There Is No Such Thing As Litigation: Access To Justice And The Realities Of Adjudication, Robert Rubinson

All Faculty Scholarship

Does a "contest by judicial process" describe litigation's "means and applications"? Overwhelmingly, no. Litigation is not about judges: it is about default judgments, settlements, plea bargains. It sometimes does not even involve judges at all. Litigation is not about trials: the amount of litigation that goes to trial is infinitesimal. It is not about "process": the process is so minimal that to dignify it with that term stretches the word beyond recognition. It is not a "contest": it is an exercise where one side has no plausible chance of winning, especially since that side either has no lawyers or lawyers …

For Men Only: A Gap In The Rules Allows Sex Discrimination To Avoid Ethical Challenge, Michelle N. Struffolino

American University Journal of Gender, Social Policy & the Law

The billboard states: “Divorce: Men Only.” The reaction is one of confusion. Something just does not seem right. Isn’t this discrimination? Is the system willing to allow this message because the need to protect men’s rights in divorce outweighs the systemic and societal harms associated with the message?

Although this article focuses on the ethical issues associated with firms that exclude women from the pool of potential divorce clients, the existence of women only law firms is acknowledged. The analysis of the ethical issues raised by these gender specific firms is somewhat the same regardless of what gender is excluded. …

The Process Of Marriage Equality, Josh Blackman, Howard M. Wasserman

Faculty Publications

No abstract provided.

From Commitment To Compliance: Enforceability Of Remedial Orders Of African Human Rights Bodies, Roger-Claude Liwanga

Brooklyn Journal of International Law

Over the last seven decades, there has been a global proliferation of international and regional human rights tribunals. But with no coercive power to enforce their judgments, these international tribunals rely either on the good faith of the State parties or on the political process for the implementation of their remedial orders. This nonjudicial approach to enforcement has showed its limits, as most State parties are noncompliant with international judgments to the detriment of human rights victims. This article recommends a new approach involving the judicialization of the post-adjudicative stage of international proceedings as an avenue to increase the enforceability …

The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego

Brooklyn Journal of International Law

Standard-setting organizations (SSOs) are bodies that oversee the development of technical standards. Technical standards are common technological designs that are used across a variety of platforms, for instance LTE, which is utilized throughout the mobile phone industry. Members of SSOs contribute different pieces of technology to an ultimate design, and if a patent covers the technology, it is called a standard-essential patent (SEP). SSOs require their members to license these patents to each other on fair, reasonable, and nondiscriminatory (FRAND) terms. This Note analyzes the FRAND requirement and the different ways that courts and private parties interpret it. The ambiguity …

Patent Punting: How Fda And Antitrust Courts Undermine The Hatch-Waxman Act To Avoid Dealing With Patents, Rebecca S. Eisenberg, Daniel A. Crane

Michigan Telecommunications & Technology Law Review

Under the Hatch-Waxman Act, patent law and FDA regulation work together to determine the timing of generic entry in the market for drugs. But FDA has sought to avoid any responsibility for reading patents, insisting that its role in administering the patent provisions of the Hatch-Waxman Act is purely ministerial. This gap in regulatory oversight has allowed innovators to use irrelevant patents to defer generic competition. Meanwhile, patent litigation has set the stage for anticompetitive settlements rather than adjudication of the patent issues in the courts. As these settlements have provoked antitrust litigation, antitrust courts have proven no more willing …

Disarming Employees: How American Employers Are Using Mandatory Arbitration To Deprive Workers Of Legal Protection, Jean R. Sternlight

Scholarly Works

Employers’ imposition of mandatory arbitration constricts employees’ access to justice. The twenty percent of the American workforce covered by mandatory arbitration clauses file just 2,000 arbitration claims annually, a minuscule number even compared to the small number of employees who litigate claims individually or as part of a class action. Exploring how mandatory arbitration prevents employees from enforcing their rights the Article shows employees covered by mandatory arbitration clauses (1) win far less frequently and far less money than employees who litigate; (2) have a harder time obtaining legal representation; (3) are often precluded from participating in class, collective or …

When The Lawyer Screws Up: A Portrait Of Legal Malpractice Claims And Their Resolution, Herbert M. Kritzer, Neil Vidmar

Faculty Scholarship

No abstract provided.

The Mdl Vortex Revisited, Thomas B. Metzloff

Faculty Scholarship

No abstract provided.

Litigation Isolationism, Pamela K. Bookman

Faculty Scholarship

Over the past two decades, U.S. courts have pursued a studied avoidance of transnational litigation. The resulting litigation isolationism appears to be driven by courts’ desire to promote separation of powers, international comity, and the interests of defendants. This Article demonstrates, however, that this new kind of “avoidance” in fact frequently undermines not only these values but also other significant U.S. interests by continuing to interfere with foreign relations and driving plaintiffs to sue in foreign courts.

This Article offers four contributions: First, it focuses the conversation about transnational litigation on those doctrines designed to avoid it—that is, doctrines that …