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Litigation Commons™

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2024

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Articles 211 - 240 of 269

Full-Text Articles in Litigation

Research On The Influencing Factors Of Patent Invalidation Under The Background Of Infringement Litigation, Qining Peng, Bingxiang Liu, Zhenkang Fu, Guangyu Feng, Wenyu Bei Jan 2024

Research On The Influencing Factors Of Patent Invalidation Under The Background Of Infringement Litigation, Qining Peng, Bingxiang Liu, Zhenkang Fu, Guangyu Feng, Wenyu Bei

Journal of Scientific Information Research

[Purpose/significance]Taking patent infringement as the starting point, this paper explores the influence mechanism of different factors on the tendency of patent infringement declaration, then compares and analyzes the differences in the influencing factors of invalid declaration under different infringement themes in the same field.[Method/process]Firstly, this paper uses the LDA topic model to subdivide the infringement topics in the selected emerging industry field, and understands the different infringement topics and infringement keywords of the infringement patents in this field;Secondly, the statistical correlation model is used to calculate various data indicators under different infringement classification topics and comparatively analyze the correlation between …


Overlapping Surgery And Medical Malpractice, Reuben Guttman, Joseph Lanni Jan 2024

Overlapping Surgery And Medical Malpractice, Reuben Guttman, Joseph Lanni

Emory Business Law Review Perspectives

No abstract provided.


Painting A Clearer Picture: Introducing New Federal Rule Of Evidence 107 Regulating Illustrative Aids, Daniel J. Capra, Liesa L. Richter Jan 2024

Painting A Clearer Picture: Introducing New Federal Rule Of Evidence 107 Regulating Illustrative Aids, Daniel J. Capra, Liesa L. Richter

Faculty Articles

They say a picture is worth a thousand words-and charts, drawings, diagrams, computer animations, and even tangible items are utilized at trial in virtually every case tried in the federal and state court systems. Litigants have come to depend heavily upon such aids to engage visual learners in the jury box and to present a compelling narrative. And the creative use of trial aids has only increased with the rapid technological advancements of recent decades. The ubiquity of such aids notwithstanding, there is no written standard governing their use, no agreed-upon lexicon for describing them, and no set of uniform …


Leandro V. State: The Challenges Of Litigating School Funding Equity In Hyper-Partisan Times, Mark Dorosin Jan 2024

Leandro V. State: The Challenges Of Litigating School Funding Equity In Hyper-Partisan Times, Mark Dorosin

Journal of Race, Gender, and Ethnicity

The Leandro case serves as a critical case study highlighting the limitations of litigation in addressing educational inequities, particularly in states committed to undermining public education. Despite the judiciary's constitutional role as an independent check on legislative actions, the politicization of state supreme courts has transformed them into partisan entities. This shift erodes public trust in the legal process and disproportionately harms marginalized groups, many of whom have historically relied on the courts to safeguard their constitutional rights, including equitable access to public education. The Leandro case underscores the challenges of achieving meaningful educational reform through litigation in a highly …


Partisan Judges, Steve Leben Jan 2024

Partisan Judges, Steve Leben

Faculty Works

This article argues that both Republicans and Democrats should look for judges who have intellectual humility and an ability to work with others—even as both parties also look for judges who are generally likely to advance positions favored by them. Part I explores the divergence between the public’s perception that the political views of judges matter and the insistence by most judges that they do not. Ample evidence supports the public’s view, and for judges to be trusted authorities, they should admit this truth. Part II suggests that even after recognizing that political views matter, both political parties (and others …


Masthead, Jtaa Editors Jan 2024

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Table Of Contents, Jtaa Editors Jan 2024

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Front Matter, Jtaa Editors Jan 2024

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Editor’S Note, Jessica Vedrani Jan 2024

Editor’S Note, Jessica Vedrani

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


App-Based Drivers, Employees Or Independent Contractors?: Big Tech’S Fight To Classify Drivers As Independent Contractors Prioritizes Flexibility And Innovation Over Labor And Class Implications, Erin Chow Jan 2024

App-Based Drivers, Employees Or Independent Contractors?: Big Tech’S Fight To Classify Drivers As Independent Contractors Prioritizes Flexibility And Innovation Over Labor And Class Implications, Erin Chow

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Be“Yondr” The Schoolhouse Gate: Law And Policy For Student Cell Phone Restriction In Public High Schools, William Thompson Jan 2024

Be“Yondr” The Schoolhouse Gate: Law And Policy For Student Cell Phone Restriction In Public High Schools, William Thompson

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Constitutional Law—Miss Anti-United States Of America—How Courts Expanded Judicial Authority By Foregoing Constitutional Avoidance—Green V. Miss Usa, Llc, 52 F.4th 773 (9th Cir. 2022), Jessica Vedrani Jan 2024

Constitutional Law—Miss Anti-United States Of America—How Courts Expanded Judicial Authority By Foregoing Constitutional Avoidance—Green V. Miss Usa, Llc, 52 F.4th 773 (9th Cir. 2022), Jessica Vedrani

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Arbitration—It Does Not Matter If You Read The Terms And Conditions: They Do Not Apply Anyway—Berman V. Freedom Financial Network, Llc, 30 F.4th 849 (9th Cir. 2022), Ian Mcreynolds Jan 2024

Arbitration—It Does Not Matter If You Read The Terms And Conditions: They Do Not Apply Anyway—Berman V. Freedom Financial Network, Llc, 30 F.4th 849 (9th Cir. 2022), Ian Mcreynolds

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Civil Procedure––Legally Deadlocked: Challenging The Notion Of “Prevailing” In The Quest For Costs & Fees––Royal Palm Props., Llc V. Pink Palm Props., Llc, 38 F.4th 1372 (11th Cir. 2022), Jeffrey Hernandez Jan 2024

Civil Procedure––Legally Deadlocked: Challenging The Notion Of “Prevailing” In The Quest For Costs & Fees––Royal Palm Props., Llc V. Pink Palm Props., Llc, 38 F.4th 1372 (11th Cir. 2022), Jeffrey Hernandez

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Front Matter, Jtaa Editors Jan 2024

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Masthead, Jtaa Editors Jan 2024

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Table Of Contents, Jtaa Editors Jan 2024

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Road Less Traveled By: The Decision Of Whether To Bend To Societal Change In Revocation Of Pretrial Release For Medical Marijuana Use, Kathryn Larkin Jan 2024

The Road Less Traveled By: The Decision Of Whether To Bend To Societal Change In Revocation Of Pretrial Release For Medical Marijuana Use, Kathryn Larkin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Criminal Law—The Cruel And Unusual Practice Of Sentencing Young Adults To Life Behind Bars—People V. Parks, 987 N.W.2d 161 (Mich. 2022), Catherine Treseler Jan 2024

Criminal Law—The Cruel And Unusual Practice Of Sentencing Young Adults To Life Behind Bars—People V. Parks, 987 N.W.2d 161 (Mich. 2022), Catherine Treseler

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Contract Law—Superseding Agreements: The Application Of Arbitration Clauses In Cryptocurrency Consumer Clickwrap Agreements—Suski V. Coinbase, Inc., 55 F.4th 1227 (9th Cir. 2022), Emily Larovere Jan 2024

Contract Law—Superseding Agreements: The Application Of Arbitration Clauses In Cryptocurrency Consumer Clickwrap Agreements—Suski V. Coinbase, Inc., 55 F.4th 1227 (9th Cir. 2022), Emily Larovere

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Constitutional Law—Eighth Amendment As Litigation Tool To Protect Marginalized Communities—Johnson V. City Of Grants Pass, 72 F.4th 868 (9th Cir. 2023), Bhumika Choudhary Jan 2024

Constitutional Law—Eighth Amendment As Litigation Tool To Protect Marginalized Communities—Johnson V. City Of Grants Pass, 72 F.4th 868 (9th Cir. 2023), Bhumika Choudhary

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Front Matter, Jtaa Editors Jan 2024

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Masthead, Jtaa Editors Jan 2024

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Table Of Contents, Jtaa Editors Jan 2024

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Editor's Note, Catherine Treseler Jan 2024

Editor's Note, Catherine Treseler

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Long View Of Racial Disparities In Dangerousness Determinations, Joseph R. Spadoni Jan 2024

The Long View Of Racial Disparities In Dangerousness Determinations, Joseph R. Spadoni

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Rhymes To Crimes: Massachusetts Courts’ Use Of Rap Lyrics As Evidence – An Unconstitutional Practice Rooted In Racial Bias, Julia Mitrano Jan 2024

Rhymes To Crimes: Massachusetts Courts’ Use Of Rap Lyrics As Evidence – An Unconstitutional Practice Rooted In Racial Bias, Julia Mitrano

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Civil Rights Law—Enough Is Enough—District Court Holds Two Sexual Harassment Instances Un-Pervasive For Title Ix Claim—Owens V. Louisiana State Univ., 709 F. Supp. 3d 219 (M.D. La. 2023), Catherine Treseler Jan 2024

Civil Rights Law—Enough Is Enough—District Court Holds Two Sexual Harassment Instances Un-Pervasive For Title Ix Claim—Owens V. Louisiana State Univ., 709 F. Supp. 3d 219 (M.D. La. 2023), Catherine Treseler

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Copyright Law—Remedy In Need Of Reform: The Complexities Of Copyright Statutory Damages—Sullivan V. Flora, Inc., 63 F.4th 1130 (7th Cir. 2023), Zoe Lyon Jan 2024

Copyright Law—Remedy In Need Of Reform: The Complexities Of Copyright Statutory Damages—Sullivan V. Flora, Inc., 63 F.4th 1130 (7th Cir. 2023), Zoe Lyon

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Administrative Law—Say Goodbye To Agencies: The Shift From Agency To Citizen Enforcement Of The Clean Water Act—Naturaland Tr. V. Dakota Fin. L.L.C., 41 F.4th 342 (4th Cir. 2022), Sara Spencer Jan 2024

Administrative Law—Say Goodbye To Agencies: The Shift From Agency To Citizen Enforcement Of The Clean Water Act—Naturaland Tr. V. Dakota Fin. L.L.C., 41 F.4th 342 (4th Cir. 2022), Sara Spencer

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.