Richmond Public Interest Law Review Presents: A Symposium On Domestic Violence 2023,
2023
Virginia Commonwealth University
Richmond Public Interest Law Review Presents: A Symposium On Domestic Violence 2023, Dr. Sarah Jane Brubaker, Joan Meier, David W. Keck, Ben Lacy, Siri Ericson, Sonya Voss, Jay Sinha, Courtenay Schwartz, Corinna Barrett Lain, The Hon. Mary E. Langer, Lisa Piper, Nancy Oglesby
Richmond Public Interest Law Review Symposium
Join the University of Richmond Public Interest Law Review for a virtual symposium discussing the topic of domestic violence, featuring keynote speaker and professor of gender violence intervention at Virginia Commonwealth University, Dr. Sarah Jane Brubaker. This Symposium will examine the impact of recent Supreme Court cases such as Bruen and Dobbs on domestic violence, as well as explore the intersection of emerging technologies, parental alienation in custody cases, and policies and practices in higher education. The event will also discuss various programs, such as The Tubman Model, and provide a judicial perspective into domestic violence cases.
Event is free, …
Different Bells For Different Wethers: Random Sampling And Other Bellwether Selection Trends In Products Liability Mdls,
2023
University of Connecticut
Different Bells For Different Wethers: Random Sampling And Other Bellwether Selection Trends In Products Liability Mdls, Felipe Villalón
Connecticut Law Review
When the Judicial Panel on Multidistrict Litigation (JPML) transfers pools of thousands of similar cases pending in different districts to a single district court pursuant to 28 U.S.C. § 1407, the transferee judge needs a speedy and effective means of resolving these multidistrict litigations, or MDLs. Some MDLs, especially those involving products liability claims, are enormous, consisting of tens of thousands or even hundreds of thousands of claims. The MDL statute, however, limits the transferee court’s power to pretrial proceedings. Judges managing MDLs will promote settlement by fast-tracking several cases for trial, either in their own district (if they have …
The Exit Theory Of Judicial Appraisal,
2023
Emory Law School
The Exit Theory Of Judicial Appraisal, William J. Carney, Keith Sharfman
Fordham Journal of Corporate & Financial Law
For many years, we and other commentators have observed the problem with allowing judges wide discretion to fashion appraisal awards to dissenting shareholders based on widely divergent, expert valuation evidence submitted by the litigating parties. The results of this discretionary approach to valuation have been to make appraisal litigation less predictable and therefore more costly and likely. While this has been beneficial to professionals who profit from corporate valuation litigation, it has been harmful to shareholders, making deals costlier and less likely to be completed.
In this Article, we propose to end the problem of discretionary judicial valuation by tracing …
Built For Business: The Commercial Need For Aggregate Litigation,
2023
University of Connecticut
Built For Business: The Commercial Need For Aggregate Litigation, Jack Zarin-Rosenfeld
Connecticut Law Review
Commercial actors long have argued that class actions are bad for business. But for even longer, business groups have supported other types of aggregate litigation that closely resemble class actions, such as expansive federal bankruptcy. While critics have successfully limited national aggregation via class actions, they have not even attempted to criticize aggregation via bankruptcy.
Why have business groups attacked aggregate litigation in some cases and supported it in others? This Article provides an answer by examining aggregation’s origins and development, and what emerges, it turns out, is very much the opposite of what aggregation’s pro-business critics would have us …
Mistakes With The Mistake Defense In Texas Criminal Law,
2023
St. Mary's University
Mistakes With The Mistake Defense In Texas Criminal Law, Charles Bubany
St. Mary's Law Journal
No abstract provided.
Interagency Litigation Outside Article Iii,
2023
University of Connecticut
Interagency Litigation Outside Article Iii, Adam Crews
Connecticut Law Review
For over seventy years, the Supreme Court has said that a justiciable controversy can exist when one agency in the federal executive branch sues another. Although this raises intuitive concerns under both Article II (relating to presidential control) and Article III (relating to standing), scholars and judges have paid scant attention to the constitutional foundation for interagency litigation. Of those who have explored the topic, defenders and opponents alike agree on one thing: the foundation—or lack of one—depends on Article III’s case-or-controversy requirement.
That is mistaken. A better approach to understand interagency litigation is to step outside Article III and …
Giving Shareholders The Right To Say No,
2023
University of Michigan Law School
Giving Shareholders The Right To Say No, Albert H. Choi, Adam C. Pritchard
Articles
When a public company releases misleading information that distorts the market for the company’s stock, investors who purchase at the inflated price lose money when (and if) the misleading information is later corrected. Under Rule 10b‑5 of the Securities Exchange Act of 1934, investors can seek compensation from corporations and their officers who make materially misleading statements that the investors relied on when buying or selling a security. Compensation is the obvious goal, but the threat of lawsuits can also benefit investors by deterring managers from committing fraud.
Fixing "Litigating The Fix",
2022
Georgetown University Law Center
Fixing "Litigating The Fix", Steven C. Salop, Jennifer E. Sturiale
Georgetown Law Faculty Publications and Other Works
Merging firms have increasingly been asking trial courts to adjudicate their merger “as remedied” by a voluntary “fix.” These are remedies that have been rejected by (or never proposed to) the agency. This procedure is known as Litigating-the-Fix” (“LTF”). This article proposes a judicial procedure for managing cases in which the merging parties attempt to LTF. Our recommendations flow from a decision theory approach informed by the relevant LTF case law, the merger enforcement record, the language and goals of Section 7, and an economic analysis of the incentives of the parties and agencies created by LTF. Our recommendation addresses …
Liability For Public Deception: Linking Fossil Fuel Disinformation To Climate Damages,
2022
Columbia Law School, Sabin Center for Climate Change Law
Liability For Public Deception: Linking Fossil Fuel Disinformation To Climate Damages, Jessica A. Wentz, Benjamin Franta
Sabin Center for Climate Change Law
Over two dozen U.S. states and municipalities have filed lawsuits against fossil fuel companies, seeking abatement orders and compensation for climate damages based on theories such as public nuisance, negligence, and failure to warn, and alleging these companies knew about the dangers of their products, intentionally concealed those dangers, created doubt about climate science, and undermined public support for climate action. This Article examines how tort plaintiffs can establish a causal nexus between public deception and damages, drawing from past litigation, particularly claims filed against manufacturers for misleading the public about the risks of tobacco, lead paint, and opioids. A …
Trial Practice And Procedure,
2022
Mercer University School of Law
Trial Practice And Procedure, Joseph M. Colwell, Christopher B. Mcdaniel
Mercer Law Review
This Article addresses selected opinions and legislation of interest to the Georgia civil trial practitioner issued during the Survey period of this publication.
From Experiencing Abuse To Seeking Protection: Examining The Shame Of Intimate Partner Violence,
2022
Georgetown University Law Center
From Experiencing Abuse To Seeking Protection: Examining The Shame Of Intimate Partner Violence, A. Rachel Camp
Georgetown Law Faculty Publications and Other Works
Shame permeates the experience of intimate partner violence (IPV). People who perpetrate IPV commonly use tactics designed to cause shame in their partners, including denigrating their dignity, undermining their autonomy, or harming their reputation. Many IPV survivors report an abiding sense of shame as a result of their victimization—from a lost sense of self, to self-blame, to fear of (or actual) social judgment. When seeking help for abuse, many survivors are directed to, or otherwise encounter, persons or institutions that reinforce rather than mitigate their shame. Survivors with marginalized social identities often must contend not only with the shame of …
The Helicopter State: Misuse Of Parens Patriae Unconstitutionally Precludes Individual And Class Claims,
2022
University of Washington School of Law
The Helicopter State: Misuse Of Parens Patriae Unconstitutionally Precludes Individual And Class Claims, Gabrielle J. Hanna
Washington Law Review
The doctrine of parens patriae allows state attorneys general to represent state citizens in aggregate litigation suits that are, in many ways, similar to class actions and mass-tort actions. Its origins, however, reflect a more modest scope. Parens patriae began as a doctrine allowing the British king to protect those without the ability to protect themselves, including wards and mentally disabled individuals. The rapid expansion of parens patriae standing in the United States may be partly to blame for the relative absence of limiting requirements or even well-developed case law governing parens patriae suits. On the one hand, class actions …
When Uncle Sam Spills: A State Regulator’S Guide To Enforcement Actions Against The Federal Government Under The Clean Water Act,
2022
University of Washington School of Law
When Uncle Sam Spills: A State Regulator’S Guide To Enforcement Actions Against The Federal Government Under The Clean Water Act, Ian M. Staeheli
Washington Law Review
The U.S. government is one of the largest polluters on the planet. With over 700 domestic military bases and countless more federal facilities and vessels operating within state borders, there exists an enormous potential for spills and discharges of pollutants into state waters. The regulatory burden for enforcing environmental laws against the federal government falls on the Environmental Protection Agency and state regulators. But enforcing laws and regulations against the federal government and its progeny is a daunting regulatory task.
Other scholarship addresses some of the vexing peculiarities involved when regulating Uncle Sam. Those works discuss the “confusing mess” that …
Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review,
2022
Roger Williams University
Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Catch And Kill Jurisdiction,
2022
Northwestern Pritzker School of Law
Catch And Kill Jurisdiction, Zachary D. Clopton
Michigan Law Review
In catch and kill journalism, a tabloid buys a story that could be published elsewhere and then deliberately declines to publish it. In catch and kill jurisdiction, a federal court assumes jurisdiction over a case that could be litigated in state court and then declines to hear the merits through a nonmerits dismissal. Catch and kill journalism undermines the free flow of information. Catch and kill jurisdiction undermines the enforcement of substantive rights. And, importantly, because catch and kill jurisdiction relies on jurisdictional and procedural law, it is often able to achieve ends that would be politically unpalatable by other …
Just Say No? Shareholder Voting On Securities Class Actions,
2022
University of Michigan Law School
Just Say No? Shareholder Voting On Securities Class Actions, Albert H. Choi, Stephen J. Choi, Adam C. Pritchard
Articles
The U.S. securities laws allow security-holders to bring a class action suit against a public company and its officers who make materially misleading statements to the market. The class action mechanism allows individual claimants to aggregate their claims. This procedure mitigates the collective action problem among claimants, and also creates potential economies of scale. Despite these efficiencies, the class action mechanism has been criticized for being driven by attorneys and also encouraging nuisance suits. Although various statutory and doctrinal solutions have been proposed and implemented over the years, the concerns over the agency problem and nuisance suits persist. This paper …
Boba Fett, Bounty Hunters, And The Supreme Court’S Viking River Decision: A New Hope,
2022
Loyola University New Orleans College of Law
Boba Fett, Bounty Hunters, And The Supreme Court’S Viking River Decision: A New Hope, Imre S. Szalai
Washington and Lee Law Review Online
The United States Supreme Court recently issued a fractured decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (June 15, 2022), a classic David v. Goliath clash between a worker and employer. Can arbitration agreements be used to eliminate group or representative actions brought against employers, where the plaintiff worker is serving as a bounty hunter for the State? Although the majority clearly holds that a worker’s individual claims must be sent to arbitration pursuant to a predispute arbitration agreement, the splintered opinions leave some uncertainty regarding what happens to the representative claims of the other …
Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation,
2022
Brigham Young University Law School
Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch
BYU Law Review
No abstract provided.
The Realities Of Takings Litigation,
2022
Brigham Young University Law School
The Realities Of Takings Litigation, Dave Owen
BYU Law Review
This Article presents an empirical study of takings litigation against the United States. It reviews the cohort of takings cases filed against the federal government between 2000 and 2014, tracing each case from filing through final disposition. The result is a picture of takings litigation that is at odds with much of the conventional wisdom of the field. That conventional wisdom suggests that most takings cases will involve alleged regulatory takings; that the most intellectually challenging issues will arise within the field of regulatory takings; and, more broadly, that takings litigation will play an important role in the United States' …
Volume 09 (Part 1),
2022
Case Western Reserve University School of Law
Volume 09 (Part 1), District Court Of The United States For The Northern District Of Ohio, Eastern Division
City of Cleveland v. The Cleveland Illuminating Company, 1980
City of Cleveland, plaintiff vs. The Cleveland Electric Illuminating Company, defendant : civil action no. C75-560; proceedings had before the Honorable Robert B. Krupansky of said court, commencing on Tuesday, September 2, 1980 in the District Court of the United States for the Northern District of Ohio, Eastern Division
10/14/80-10/16/80