Litigation Commons^™

Where Is Home Depot “At Home”? Daimler V. Bauman And The End Of Doing Business Jurisdiction, Tanya J. Monestier

Journal Articles

In January 2014, the U.S. Supreme Court decided Daimler AG v. Bauman. The case was supposed to resolve a very important question that had divided courts for decades: when, for jurisdictional purposes, can the contacts of a subsidiary be imputed to its parent? The Supreme Court dodged this question. Instead, it answered a different, but equally important, question: under what circumstances is a corporation “at home” such that a state has general jurisdiction over it? The Court had introduced the “at home” language to the discourse on general jurisdiction a few years earlier in Goodyear Dunlop Tires Operations, S.A. …

A Response, Fay Faraday, Eric Tucker

Articles & Book Chapters

Faraday and Tucker respond to criticism about their work Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case (2012).

The Rise And Fall Of Unconscionability As The 'Law Of The Poor', Anne Fleming

Georgetown Law Faculty Publications and Other Works

What happened to unconscionability? Here’s one version of the story: The doctrine of unconscionability experienced a brief resurgence in the mid-1960s at the hands of naive, left-liberal, activist judges, who used it to rewrite private consumer contracts according to their own sense of justice. These folks meant well, no doubt, much like present-day consumer protection crusaders who seek to ensure the “fairness” of financial products and services. But courts’ refusal to enforce terms they deemed "unconscionable” served only to increase the cost of doing business with low-income households. Judges ended up hurting the very people they were trying to help. …

Machine Learning And Law, Harry Surden

Publications

This Article explores the application of machine learning techniques within the practice of law. Broadly speaking “machine learning” refers to computer algorithms that have the ability to “learn” or improve in performance over time on some task. In general, machine learning algorithms are designed to detect patterns in data and then apply these patterns going forward to new data in order to automate particular tasks. Outside of law, machine learning techniques have been successfully applied to automate tasks that were once thought to necessitate human intelligence — for example language translation, fraud-detection, driving automobiles, facial recognition, and data-mining. If performing …

Comment: Knowledge Circles And The Duty Of Care, Jill M. Fraley

Washington and Lee Law Review

No abstract provided.

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Masthead, 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, Luke J. Rosseel

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Massachusetts Statutes Of Limitations: A User Guide, Joseph W. Glannon

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Taxpayer Beware: A Jurisdictional Examination Of Deference Owed To Revenue Rulings And The Case For Congressional Action, Colin Barrett

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Ultra Sound-Off: The Ultrasound Mandate Debate And A Litigator's Guide To Overcoming Obstacles To A Woman's Right To Abortion, Kimberly A. Prior

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - What Constitutes An Objectively Unreasonable Reaction - Tolan V. Cotton, Matthew R. O'Connor

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - Don't Take Your Guns To Town: Maryland's Good-And-Substantial-Reason Requirement For Handgun Permits Passes Intermediate Scrutiny - Woollard V. Gallagher, Lincoln A. Rose

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Evidence-Testimonial Statements And Unavailable Child Witnesses: Why The Cognitive Awareness Of The Child-Declarant Should Be The Determinative Factor In Defining An Ongoing Emergency - Commonwealth V. Allshouse, Gemma R. Ypparila

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Power, Control, Cigarettes, And Gum: Whether And Inmate's Consent To Engage In A Relationship With A Correctional Officer Can Be A Defense To The Inmate's Allegation Of A Civil Rights Violation Under The Eighth Amendment, Jackson M. Jones

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Don't Discriminate Against Distinct Or Highly Personal Harms: An Analysis Of Section 717 Of Title Vii Pertaining To Preemption Of Alternative Theories Of Recovery By Federal Employees, Robert M. Mahoney

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Which Weight Matters In Drug Offense Cases, Joanna Keenan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Document Automation Software: Solving The Dichotomy Between Meeting Attorney's Financial Needs And Ethical Obligations, Tejas G. Patel

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Size Matters: Big Tobacco And The Federal Government Just Over New Cigarette Warning Labels, Paul A. Schmid

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Mandatory Provision Of Written Copies Of Jury Instructions To Retiring Juries In Criminal Trials In Massachusetts, Elizabeth A. Tashash

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Family Law - Child Custody For The Non-Biological Parent When A Same-Sex Relationship Deteriorates - Hunter V. Rose, Linden K. Nash

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

In Defense Of Idea Due Process, Mark Weber

College of Law Faculty

Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and …

The Law Comes To Campus: The Evolution And Current Role Of The Office Of The General Counsel On College And University Campuses, Jason A. Block

Theses and Dissertations--Educational Policy Studies and Evaluation

Much has been written in the literature of higher education on the history and current role of presidents, provosts, and deans. However, higher education scholars have, for the most part ignored the role of institutional in-house attorneys on college and university campuses. Those who have written on the subject of institutional counsel have proffered the idea that in-house general counsel offices were established as a result of the increased regulation of higher education by state and federal governments, and litigation resulting from the faculty and student rights movements of the 1960s and 1970s. This project seeks to provide a detailed …

Deference, Chenery, And Foia, Margaret B. Kwoka

Maryland Law Review

No abstract provided.

It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce

Faculty Scholarship

In 2004, just five years after introducing the drug, Vioxx, pharmaceutical company, Merck, voluntarily withdrew the prescription pain-killer after a clinical study suggested that the drug increased the risk of heart attack and stroke. But in that relatively short time, an estimated 20 million Americans had already taken the drug. By late 2007, Merck announced it would pay $4.85 billion — the largest drug settlement ever — in “global settlements” for Vioxx-related claims. These settlements ultimately included roughly 47,000 individual lawsuits and about 265 potential class actions, but the Vioxx settlements were far from global.

In 2012, a purported parallel …

Developing The Law Of The River: The Integration Of Law And Policy Into Hydrologic And Socio-Economic Modeling Efforts In The Willamette River Basin, Adell Louise Amos

Publications

A legal and policy infrastructure -- referred to as a "law of the river" -- exists for every river basin in the U.S. an can be as important as natural processes in terms of managing the future of the resource. Because of the way that water law and policy have evolved in the U.S., this infrastructure involves a matrix of state and federal law that governs the choices that policymakers, end users, and agencies make. This "law of the river" provides the context in which decisions are made and not made. It also draws the boundaries within which decision makers …

Ready, Set, Go To Federal Court: The Hague Child Abduction Treaty, Demystified, Jennifer Baum

Faculty Publications

(Excerpt)

The Hague Convention on the Civil Aspects of International Child Abduction may sound intimidating, but is easily demystified. Since 1980, signatory nations have agreed that parents should not be permitted to forum shop among countries when it comes to custody of their children. The Hague Convention requires the prompt repatriation of children under 16 years of age who were wrongfully removed by a parent from the country in which they had been living, except in certain very limited circumstances (some of which are discussed in more detail, below). The Convention does not address or permit the alteration of custody …

A Diamond In The Rough: Trans-Substantivity Of The Federal Rules Of Civil Procedure And Its Detrimental Impact On Civil Rights, Suzette Malveaux

Publications

No abstract provided.

A Victimless Crime: How The Interplay Of The Demand Requirement And The Government's Fight Against Corruption Is Injuring Shareholders, David Bastian

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.