Litigation Commons^™

Criminal Procedure—Fugitive Disentitlement Ruling Allows Interlocutory Appeals In Second Circuit Under Collateral Order Doctrine—United States V. Bescond, 7 F.4th 127 (2d Cir. 2021), Ian Luciano

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Stoic Litigator, Leonard M. Niehoff

Articles

A variety of events over the past several years have renewed my conversations with some reliable old friends. And I mean very old. I refer here to the Stoic philosophers, most of whom did their thinking and writing around the turn of the Common Era.

The Stoics took their name from the central square of Athens, the Stoa Poikile, where Zeno is generally credited with founding the school in the early part of the third century BCE. Various philosophers over the next five centuries identified themselves as Stoics, so the label takes in lots of personalities and lots of territory. …

A New Methodology For The Analysis Of Visuals In Legal Works, Michael D. Murray

Law Faculty Scholarly Articles

The goal of this Article is to introduce a comprehensive methodology for the analysis of visuals used for communication in legal works, by which I mean transactional and litigation documents, legal instruments, primary and secondary sources of law, and legal informational materials. To date, the scholarship on visuals in legal communications has been heavily descriptive, with some forays into the ethical and practical considerations of the use of “visualized” legal works. No one has yet devised a comprehensive analytical methodology that draws upon the disciplines of visual literacy, visual cultural studies, visual rhetoric, and mise en scène analysis to evaluate …

No-Fault Vaccine Injury Compensation Systems Adopted Pursuant To The Covid-19 Public Health Emergency Response, Sam Halabi, Katherine Ginsbach, Katie Gottschalk, John Monahan, Judith Murungi

Emory International Law Review

No-fault vaccine injury compensation systems have developed over the course of the twentieth century, mostly in the richest countries in the world. Acknowledging that severe reactions to vaccines are rare, but can result in serious and sometimes complex injury, these systems provide financial and social support for those suffering these rare side effects. During the COVID-19 pandemic, and the rapid development and deployment of vaccines using novel technologies, these systems have proliferated not only among wealthy countries, where in their modern form they originated and spread, but also low- and middle-income ones. Adopting varying approaches to funding, eligibility, administration, process, …

Requiring The Executive To Turn Square Corners: The Supreme Court Increases Agency Accountability In Department Of Homeland Security V. Regents Of The University Of California, Claudia J. Bernstein

Dickinson Law Review (2017-Present)

Administrative agencies frequently promulgate rules that have dramatic effects on peoples’ lives. Deferred Action for Childhood Arrivals (“DACA”) is one such example. DACA grants certain unlawful immigrants a temporary reprieve from deportation, as well as ancillary benefits such as work permits. In 2017, the Department of Homeland Security (“DHS”) sought to rescind DACA on the basis that the program violates the Immigration and Nationality Act.

This Comment analyzes the recent Supreme Court decision about DACA’s recission in Department of Homeland Security v. Regents of University of California. In rejecting DHS’s attempt to rescind DACA, the Court strengthened agency accountability …

The Litigation Landscape Of Fraternity And Sorority Hazing: Defenses, Evidence, And Damages, Gregory S. Parks, Elizabeth Grindell

Washington and Lee Law Review

In recent years, increasing public and media attention has focused on hazing, especially in collegiate fraternities and sororities. Whether it is because of the deaths, major injuries, or litigation, both criminal and civil, collegiate fraternities and sororities have received increased scrutiny. In this Article, we explore a range of tactical considerations that lawyers must consider—from defenses to evidentiary concerns. We also explore how damages are contemplated in the context of hazing litigation.

Nominal Damages As Vindication, Sadie Blanchard

Journal Articles

A recent Supreme Court decision inspired a resurgence of interest in an old mystery: how can nominal damages vindicate a plaintiff for past harm? The Court relied on the longstanding common law practice of entitling a plaintiff to sue for violation of her rights, even without demonstrating harm in fact, and to recover nominal damages. Courts have long asserted that awarding nominal damages in such suits vindicates the plaintiff. But they have not explained just how awarding $1 provides vindication, and serious observers scoff at the idea that it does. This Article offers a theory of vindication through nominal damages …

Disabled Litigants’ Standing Issue: Ensuring Rhode Island’S Standing Doctrine Is Accessible To Ada Tester Litigants, Colten H. Erickson

Roger Williams University Law Review

No abstract provided.

Swimming Up The Stream Of Commerce: How Plaintiffs In Products Liability Litigation Are Disadvantaged By Current Personal Jurisdiction Doctrine, Lily S. Smith

Law Student Publications

"“The Court must periodically intervene in the perpetual battle between plaintiffs and corporations over personal jurisdiction, especially when one side has secured a competitive advantage. The time for such intervention has likely arrived.”

Emma is a resident of Billings, Montana, and she ordered the “Whitten 10-in-1, 8 Blade Onion Mincer, Chopper, Slicer, Cutter, Dicer, with Container” on Amazon. The product is a multifunctional kitchen tool that can chop, slice, cut, and dice your vegetable of choice. By pushing down on the container’s lid, the vegetable is forced through blades, resulting in perfectly cut vegetables. Via Amazon Prime, Emma received the …

“Seeking The Fruits Of Their Labors”: The Story Of Johnson V. Mcadoo, The First Major Reparations Case, John G. Browning

Journal of Race, Gender, and Ethnicity

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, Kori Dean

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

America’S Extraordinary And Compelling Problem: An Assessment Of The Sentence Modification Process In The Federal District Courts And The Need To Remove The Bureau Of Prison’S Gatekeeper Role, Katherine Chenail

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Case For Race: An Exploration Of Whether The United States Olympic And Paralympic Committee Can Require Athletes To Sign Away Their Right To Protest, Leon Rotenstein

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—Dangers Of The Substantive Due Process State-Created Danger Exception— Irish V. Fowler, 979 F.3d 65 (1st Cir. 2020), Bianca Tomassini

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Employment Law—Intersecting Identities & Ideologies, Nondiscrimination, And The First Amendment Ministerial Exception Defense—Deweese-Boyd V. Gordon College, 163 N.E.3d 1000 (Mass. 2021), Margaret R. Austen

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Education Law—Idea Eligibility: Hindsight Is 20/20—Lisa M. Ex Rel. J.M. V. Leander Indep. Sch. Dist., 924 F.3d 205 (5th Cir. 2019), Sydney Doneen

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, Allison Eddy

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Drawing Lines: Reconciling Disparate Standards Of Ada Title Iii Protections In An Online World, Benjamin Holman

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—First Circuit Clearly Unconvinced By Lack Of Procedural Safeguards In Proving Noncitizens’ Flight Risk—Hernandez-Lara V. Lyons, 10 F.4th 19 (1st Cir. 2021), Shannah Colbert

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Debt Collection—A Benign Language Exception Should Be Read Into The Fair Debt Collection Practices Act’S “Unfair Practices” Section—Donovan V. Firstcredit, Inc., 983 F.3d 246 (6th Cir. 2020), Shiri Pagliuso

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—Constitutionality Of Police Caretaking Conduct Inside The Home—Calinga V. Strom, 141 S. Ct. 1596 (2021), Angela Bartucca

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Editor's Note, Allison Eddy

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Judicial War On Drugs: Deciding Whether To Apply The Federal Or State Definition Of Controlled Substance Offenses For Career Offender Sentencing Enhancements, Marisa Chamberland

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—An Alternative Analysis To Intangible Emotional Harm Standing In The Way Of Constitutional Standing—Vazzano V. Receivable Mgmt. Servs., Llc, No. 3:21-Cv-0825-D, 2022 U.S. Dist. Lexis 144258 (N.D. Tex. Aug. 12 2022), Emily Larovere

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

A Machete For The Patent Thicket: Using Noerr-Pennington Doctrine’S Sham Exception To Challenge Abusive Patent Tactics By Pharmaceutical Companies, Lisa Orucevic

Vanderbilt Law Review

Outrageous drug prices have dominated news coverage of the American healthcare system for years. Yet despite widespread condemnation of skyrocketing drug prices, nothing seems to change. Pharmaceutical companies can raise drug prices with impunity because they hold patents on their drugs, which give them monopolies. These monopolies are only supposed to last twenty years, and then competing lower-cost drugs like generics can enter the market, driving down the costs of pharmaceuticals for all. But pharmaceutical companies have created “patent thickets,” dense webs of overlapping patents surrounding one drug, which have artificially extended the companies’ monopolies for years or even decades …

Civil Rights Catch 22s, Jonathan Feingold

Faculty Scholarship

Civil rights advocates have long viewed litigation as a vital path to social change. In many ways, it is. But in key respects that remain underexplored in legal scholarship, even successful litigation can hinder remedial projects. This perverse effect stems from civil rights doctrines that incentivize litigants (or their attorneys) to foreground community plight—such as academic underachievement or overincarceration. Rational plaintiffs, responding in kind, deploy legal narratives that tend to track racial stereotypes and regressive theories of inequality. When this occurs, even successful lawsuits can harden the structural and behavioral forces that produce and perpetuate racial inequality.

I refer to …