Litigation Commons^™

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.

Trial Practice And Procedure, Brandon L. Peak, Joseph M. Colwell, Christopher B. Mcdaniel, Rory A. Weeks, Ramsey B. Prather, Michael F. Williford

Mercer Law Review

This Article addresses several significant opinions and legislation of interest to the Georgia civil trial practitioner issued during the survey period of this publication.

• Appeals
• Apportionment
• Attorney's Fees
• Damages
• Discovery, Evidence, and Sanctions
• Dismissal and Renewal
• Jurisdiction and Venue
• Jury Instructions
• Offers of Judgment
• Statutes of Limitations

Covid-19 Business Interruption Insurance Losses: The Cases For And Against Coverage, Christopher French

Faculty Scholarship

The financial consequences of the government-ordered shutdowns of businesses across America to mitigate the COVID-19 health crisis are enormous. Estimates indicate that small businesses have lost $255 to $431 billion per month and more than 44 million workers have been laid off. When businesses have requested reimbursement of their business interruption losses from their insurers under business interruption policies, their insurers have denied the claims. The insurance industry also has announced that business interruption policies do not cover pandemic losses, so they intend to fight COVID-19 claims “tooth and nail.” More than 450 lawsuits throughout the country already have been …

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

International Law - Extrajudicial Killings: Acts Of Terrorism Or Acts Of Elaborate Cover-Ups: Sullivan V. Republic Of Cuba, 891 F.3d 6 (1st Cir. 2018), Stephanie M. Sader

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Proof At The Salem Witch Trials, Leonard M. Niehoff

Articles

As of the writing of this article, President Donald Trump's tweets have included roughly 400 references to "witch hunts." In a sense, this is unsurprising. The Salem witch trials have a special place in our national identity and vocabulary. Most Americans understand the reference, even if they know few of the historical details. And the phrase "witch hunt" serves as a useful shorthand for any frenzied chase after something that does not exist. The Salem trials also inspire a peculiar fascination: Perhaps no other site of deadly mass hysteria has become a major tourist destination.

Still, most practicing litigators probably …

Global Investor Protection: Securities Law Enforcement Around The World, Matthew Diller, Martin Gelter, Eugenio J. Cardenas, Merritt B. Fox, Geoffrey Jarvis, Pierre-Henri Conac, Todd Cosenza, Jill Fisch, Yuliya Guseva, Elad Roisman, Sean Griffith

Fordham Journal of Corporate & Financial Law

No abstract provided.

Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux

Publications

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.

Promise Amid Peril: Prea's Efforts To Regulate An End To Prison Rape, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This Article discusses the modest aspirations of the Prison Rape Elimination Act (“PREA”) that passed unanimously in the United States Congress in 2003. The Article posits that PREA created opportunities for holding correctional authorities accountable by creating a baseline for safety and setting more transparent expectations for agencies’ practices for protecting prisoners from sexual abuse. Additionally, the Article posits that PREA enhanced the evolving standards of decency for the Eighth Amendment and articulated clear expectations of correctional authorities to provide sexual safety for people in custody.

How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan

Touro Law Review

No abstract provided.

New Prime Inc. V. Oliveira: Putting The Wheels Back On The Faa’S Section 1 Exemption For Transportation Workers, Reed C. Trechter

Oklahoma Law Review

No abstract provided.

Internet Jurisdiction: Using Content Delivery Networks To Ascertain Intention, Patrick Lin

LL.M. Essays & Theses

Specific jurisdiction in civil litigation centers on the rather general,yet immutable, concept of intention. Although the word “intention” does not surface prominently in the personal jurisdiction case law, it is clearly intrinsic to the concept of “purposeful availment”. On the Internet, however, intention is hard to ascertain: how does a court, for example, determine whether the defendant intended that its website, application, or advertisement within a mobile application should end up in the forum state? In answering such a question, courts have historically used one of two approaches to establish intent: (i) a targeting test or (ii) a degree of …

Towards An Analyses Of The Mega-Politics Jurisprudence Of The Ecowas Community Court Of Justice, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The judicialization of mega-political disputes before the ECOWAS Community Court is understudied. The ECOWAS Community Court lacks express mandate to adjudicate over political disputes. Despite this limitation, the court has been innovative in assuming jurisdiction over mega-political disputes where they are intertwined with potential or actual human rights violation. The Ugokwe Doctrine, enunciated in the case of, Dr. Jerry Ugokwe v. The Federal Republic of Nigeria and Dr. Christian Okeke, provides the precedential ‘cause of action’ for the judicialization of mega-political disputes before the ECOWAS Community Court. This chapter addresses this new body of jurisprudence by critically analyzing judicialized political …