Litigation Commons^™

Beyond Bristol-Myers : Personal Jurisdiction Over Class Actions, Adam N. Steinman

Faculty Scholarship

The Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court threatens a sea change in the relationship between personal jurisdiction and aggregate litigation. The most crucial concern has been what the decision means for class actions. Must a court subject the claims of every unnamed class member to separate jurisdictional scrutiny? If so, it could be impossible for a plaintiff who sues in her home state to represent class members outside that state; instead, the Constitution would permit multi-state or nationwide class actions only in states where the defendant is subject to general jurisdiction. For claims against a …

Can Affordable Homes Be Healthy? Legal Strategy, Socio-Legal Studies And Activism In Indonesia, Santy Kouwagam

The Indonesian Journal of Socio-Legal Studies

This article uses two Constitutional Court decisions in Indonesia to exemplify the importance of analysing legal strategies. These decisions declared a rule barring developers from building and selling tiny houses to be unconstitutional and invalid. The article shows that ‘justice’ in legal procedures still needs further definition, and that judges’ elaboration of decisions and their legal reasoning still needs improvement. The article will first discuss the cases, using Legal Strategy analysis. It will then highlight problems with the commoditisation of houses. Finally, it will argue that the problem of unhealthy and unaffordable housing in Indonesia can be resolved, by bringing …

Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan

UNH Sports Law Review

No abstract provided.

Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty

UNH Sports Law Review

No abstract provided.

The Concept Of Amateurism: How The Term Became Part Of The College Sport Vernacular, Robert J. Romano Esq.

UNH Sports Law Review

No abstract provided.

For Whom The Sol Tolls: Examining The Role Of The Discovery Rule And Statutes Of Limitations In Ncaa Concussion Litigation, Joseph Sabin Esq., Andrew L. Goldsmith Ph.D.

UNH Sports Law Review

No abstract provided.

Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi

UNH Sports Law Review

No abstract provided.

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 …

Masthead, 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.

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.

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.

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.

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.

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.

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.

Reed V. Goertz: Brief Of Federal Courts Scholars As Amici Curiae In Support Of Petitioner, Leah Litman, Eve Brensike Primus

Appellate Briefs

This brief is filed on behalf of legal scholars who study federal jurisdiction, federal procedure, and constitutional law, and who have taught and written on the interplay between proceedings in state and federal courts.<\p>

The Court should hold that § 1983 claims challenging the constitutionality of state post-conviction DNA testing statutes do not accrue until the end of state-court litigation denying DNA testing. That is the only rule that comports with principles of federalism and comity, which favor sequencing federal litigation after related state proceedings. Unnecessary co-pendency of state and federal litigation invites unnecessary intrusions into state processes. If a …

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.

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 …

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 …