Litigation Commons^™

The Sixteenth Annual Albert A. Destefano Lecture On Corporate, Securities & Financial Law At The Fordham Corporate Law Center, Sean J. Griffith, The Honorable Andre G. Bouchard

Fordham Journal of Corporate & Financial Law

No abstract provided.

Vicarious Windfalls, Justin Sevier

Scholarly Publications

The vicarious liability doctrine, which holds third parties responsible for the legal obligations of their duly authorized agents, was designed in part to ensure that tort victims are not undercompensated by insolvent agent wrongdoers. But many legal scholars are highly critical of the doctrine and suggest that fact finders’ systematic biases-particularly with respect to corporate third parties-cause unworthy tort plaintiffs to be overcompensated at the expense of innocent, deep-pocket corporate defendants. These scholars have offered little empirical evidence for these claims and, in fact, behavioral research suggests that their predictions are incorrect.

This Article introduces the concept of the vicarious …

The Uncertain Case For Appraisal Arbitrage, Jay B. Kesten

Scholarly Publications

No abstract provided.

Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion, Isidora Koutsoulias

Journal of Law and Policy

Courts and legislatures face the difficult task of balancing individual First Amendment rights with other basic freedoms, a task that has become increasingly challenging with the advent of new technology. The emergence of the ballot selfie has caused a legal uproar due to the perception that it may compromise the sanctity of the electoral process and the secret ballot process by facilitating vote buying and coercion. Consequently, several states have enacted laws that prohibit most or all ballot selfies. However, many individuals have rightfully protested these laws as an unreasonable restraint on freedom of speech. This Note argues that although …

A New Hope: Tortious Interference With An Expected Inheritance In Rhode Island, Rebecca M. Murphy, Samantha M. Clarke

Roger Williams University Law Review

No abstract provided.

Mythbusting: Why The Critics Of Litigation Finance Are Wrong, Roni Elias

Florida A & M University Law Review

Critics of ALF contend that such financing methods create various problems: they violate well-established principles of common law about the relationship between litigants and third-parties; they are tantamount to usurious loans; and they threaten the integrity of the judicial system by making it easier for litigants with few resources to bring frivolous lawsuits.

This article discusses both sides of this debate and concludes that the most prevalent criticisms of ALF are based upon misconceptions and myths about the nature of ALF transactions and of the interests of the parties involved in those transactions. When ALF is carefully considered, it is …

Agency Law And The New Economy, Mark J. Loewenstein

Publications

This article considers the status of workers in the "new economy," defined as the sharing economy (e.g., Uber, Lyft) and the on-demand economy. The latter refers to the extensive and growing use of staffing companies by established businesses in many different industries to provide all or a portion of their workforce. Workers in both the sharing economy and the on-demand economy are, generally speaking, at a disadvantage in comparison to traditional employees. Uber drivers, for example, are typically considered independent contractors, not employees, and therefore are not covered under federal and state laws that protect or provide benefits to employees. …

A Prescription For Overcoming Gender Inequity In Complex Litigation: An Idea Whose Time Has Come, Suzette M. Malveaux

Publications

No abstract provided.

The Impact Of Wal-Mart V. Dukes On Employment Discrimination Class Actions Five Years Out: A Forecast That Suggests More Of A Wave Than A Tsunami, Suzette M. Malveaux

Publications

No abstract provided.

From Inside The Cage To Outside The Box: Natural Resources As A Platform For Nonhuman Animal Personhood In The U.S. And Australia, Randall S. Abate, Jonathan Crowe

Journal Publications

Nonhuman animals are currently treated as property under U.S. and Australian law, leaving them open to various kinds of exploitation. There has been a gradual evolution away from this property paradigm in both countries, but significant work remains to ensure that nonhuman animals are afforded adequate legal protections. This article considers the legal avenues available to protect nonhuman animals in the U.S. and Australia, focusing particularly on the attribution of legal personhood. Section 2 of the article reviews attempts by the Nonhuman Rights Project (NhRP) to establish legal personhood protections for nonhuman animals through writ of habeas corpus petitions under …

Attorney-Directed Voir Dire Comes To Massachusetts: The Republic Is Safe, Dennis J. Curran

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Roadway To Reform: Assessing The 2015 Guidelines And New Federal Rule To The Indian Child Welfare Act's Application To State Courts, Allison E. Davis

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Botched: The Lethally Injected Effect Of Glossip On The Future Of Capital Punishment, Meghan Elizabeth Hall

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Criminal Law And Procedure - He Said, She Said: Grand Jury Indicts Based On Hearsay In Fourteen Year-Old Sexual Assault Case-Commonwealth V. Stevenson, 50 N.E.3d 184 (Mass. 2016), Alexis Brewster

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - Should I Stay Or Should I Go: First Circuit's Analysis Of Fourth Amendment Seizure - United States V. Fields, 823 F.3d 20 (1st Cir. 2016), Connor J. Gilbert

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Criminal Law - Must Love Dogs: Zach And Kenji's Escape From Confinement And The Broader Context Of Animal Cruelty - Commonwealth V. Trefry, 51 N.E.3d 502 (Mass. App. Ct. 2016), Keshia Blair

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Nursing Home Liability For Failure Of Care Under The Federal False Claims Act, Scott Grannemann

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Class Actions: How Easy Are They To Bring, And Why, Chelsey E. Turner

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Criminal Law - First Complaint Doctrine Applies To Defendant In A Sexual Assault Prosecution - Commonwealth V. Mayotte, 56 N.E.3d 756 (Mass. 2016, Jennifer Plummer

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Effective Criminal Sentencing: Analyzing The Effectiveness Of The Federal Sentencing Guidelines On Career Offenders, Stephanie Marie Toribio

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.