Testamentary Capacity Litigation In Virginia,
2015
University of Richmond
Testamentary Capacity Litigation In Virginia, F. Philip Manns Jr.
Richmond Public Interest Law Review
In Rust v. Reid, a 1918 case involving testamentary capacity, the Supreme Court of Virginia wrote the "cases upon this subject are almost without number, and they are not to be reconciled," but Rust referred to "all of the decisions of this court on the subject of competency of jurors," which also had been at issue in the case. However, in its decision in Rust, the Court easily could have leveled the same self-criticism about its cases deciding (1) which party bears the burden of proof in testamentary capacity litigation; (2) whether a presumption of testamentary capacity exists; and (3) …
Market Intermediation, Publicness, And Securities Class Actions,
2015
Washington University School of Law, St. Louis
Market Intermediation, Publicness, And Securities Class Actions, Hillary A. Sale, Robert B. Thompson
Georgetown Law Faculty Publications and Other Works
Securities class actions play a crucial, if contested, role in the policing of securities fraud and the protection of securities markets. The theoretical understanding of these private enforcement claims needs to evolve to encompass the broader set of goals that underlie the securities regulatory impulse and the publicness of those goals. Further, a clear grasp of the modern securities class action also requires an updated understanding of how the role of market intermediation in securities transactions has reshaped the realities of securities litigation in public companies and the evolution of the fraud cause of action in the context of open-market …
Is General Negligence The New Exception To The Florida Impact Rule?,
2015
Florida A&M University College of Law
Is General Negligence The New Exception To The Florida Impact Rule?, Stephan Krejci
Florida A & M University Law Review
The impact rule is an ancient torts doctrine that precludes recovery for emotional distress unless the victim has been physically impacted by the tortfeasor and the emotional distress grew out of that physical impact. American courts widely adopted the impact rule and it persists in a handful of states to this day. Courts give several reasons for denying these negligent infliction of emotional distress (NIED) claims and these reasons fall into three broad categories: judicial efficiency, evidence concerns, and foreseeability. This paper proposes that Florida abrogate the impact rule and switch to using a general negligence approach for NIED claims. …
Administering Section 2 Of The Voting Rights Act After Shelby County,
2015
University of California, Davis
Administering Section 2 Of The Voting Rights Act After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer
Publications
Until the Supreme Court put an end to it in Shelby County v. Holder, section 5 of the Voting Rights Act was widely regarded as an effective, low-cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, section 2, is generally seen as expensive, cumbersome, and almost wholly ineffective at blocking changes before they take effect. This Article argues that the courts, in partnership with the Department of Justice, could reform section 2 so that it fills much of the gap left by the Supreme Court's evisceration of section …
Corporate Law - Clash Of The Concepts: When Fiduciary Duties Overcome Shareholder Agreement In Closely Held Corporations - Selmark Assocs., Inc. V. Ehrlich, 5 N.E.3d 923 (Mass. 2014),
2015
Suffolk University Law School
Corporate Law - Clash Of The Concepts: When Fiduciary Duties Overcome Shareholder Agreement In Closely Held Corporations - Selmark Assocs., Inc. V. Ehrlich, 5 N.E.3d 923 (Mass. 2014), Miniard Culepepper Jr.
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law - Police Interrogation Techniques And When To Determine How Much Is Too Much - United States V. Jacques, 744 F.3d 804 (1st Cir. 2014),
2015
Suffolk University Law School
Constitutional Law - Police Interrogation Techniques And When To Determine How Much Is Too Much - United States V. Jacques, 744 F.3d 804 (1st Cir. 2014), Anjali M. Chhatre
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Riders On The Storm: An Analysis Of Credit Card Fraud Cases,
2015
Suffolk University Law School
Riders On The Storm: An Analysis Of Credit Card Fraud Cases, Ioana Vasiu, Lucian Vasiu
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Dead Money: A Posthumously Conceived Child's Inheritance Rights Under The Social Security Act & State Intestacy Law,
2015
Suffolk University Law School
Dead Money: A Posthumously Conceived Child's Inheritance Rights Under The Social Security Act & State Intestacy Law, Heather Lacount
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Note - Not Everything That Glitters Is Gold, Misclassification Of Employees: The Blurred Line Between Independent Contractors And Employees Under The Major Classification Tests,
2015
Suffolk University Law School
Note - Not Everything That Glitters Is Gold, Misclassification Of Employees: The Blurred Line Between Independent Contractors And Employees Under The Major Classification Tests, Julien M. Mundele
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Crimes Involving Moral Turpitude: Determining Authority Towards A Strictly Categorical Approach And Demonstrating Potential Plea Bargain Implications,
2015
Suffolk University Law School
Crimes Involving Moral Turpitude: Determining Authority Towards A Strictly Categorical Approach And Demonstrating Potential Plea Bargain Implications, Julia Myers
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Criminal Law - When Upskirting Was Not Illegal: A Court Ordered Legislative Fix - Commonwealth V. Robertson, 5 N.E.3d 522 (Mass. 2014),
2015
Suffolk University Law School
Criminal Law - When Upskirting Was Not Illegal: A Court Ordered Legislative Fix - Commonwealth V. Robertson, 5 N.E.3d 522 (Mass. 2014), Joana L. Stathi
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law - Opening The Doggy Door For Animal Rights And Other Issues Under The Emergency Aid Exception - Commonwealth V. Duncan, 7 N.E.3d 469 (Mass. 2014),
2015
Suffolk University Law School
Constitutional Law - Opening The Doggy Door For Animal Rights And Other Issues Under The Emergency Aid Exception - Commonwealth V. Duncan, 7 N.E.3d 469 (Mass. 2014), Kassandra C. Tat
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Lose The Battle, Win The War: The Use, Dangers, And Problems Surrounding Rules 806 And 608(B), And How They Can Be Fixed,
2015
Suffolk University Law School
Lose The Battle, Win The War: The Use, Dangers, And Problems Surrounding Rules 806 And 608(B), And How They Can Be Fixed, Gregory J. Gianoni
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
A Patriotic Playground: Reexamining The Constitutionality Of The Daily Recitation Of The Pledge Of Allegiance In Public Schools,
2015
Suffolk University Law School
A Patriotic Playground: Reexamining The Constitutionality Of The Daily Recitation Of The Pledge Of Allegiance In Public Schools, Carlie S. Seigal
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Quintessential Political Problem: Current Conditions Justifying Current Burdens And The Modern Shift In Election Law Scrutiny,
2015
Suffolk University Law School
The Quintessential Political Problem: Current Conditions Justifying Current Burdens And The Modern Shift In Election Law Scrutiny, Joseph P. Mccarthy
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
A New Era In Juvenile Justice: Expanding The Scope Of Juvenile Protections Through Neuropsychology,
2015
Suffolk University Law School
A New Era In Juvenile Justice: Expanding The Scope Of Juvenile Protections Through Neuropsychology, Scott Lenahan
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
A Digital Albatross': Navigating The Legal Framework Of Domestic Police Drone Technology Versus Privacy Rights In Massachusetts And Beyond,
2015
Suffolk University Law School
A Digital Albatross': Navigating The Legal Framework Of Domestic Police Drone Technology Versus Privacy Rights In Massachusetts And Beyond, Gregory J. Galizio
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Bankruptcy- Is It Over Even Though No One Is Singing: Determining Finality In Bankruptcy Appeals- Bullard V. Hyde Park Sav. Bank (In Re Bullard), 752 F.3d 483 (1st Cir. 2014),
2015
Suffolk University Law School
Bankruptcy- Is It Over Even Though No One Is Singing: Determining Finality In Bankruptcy Appeals- Bullard V. Hyde Park Sav. Bank (In Re Bullard), 752 F.3d 483 (1st Cir. 2014), Corey W. Silva
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law-First Circuit Court Of Appeals Upholds A Citizen's Right To Film A Police Officer During A Traffic Stop Absent A Reasonable Restriction-Gericke V. Begin, 753 F.3d 1 (1st Cir. 2014),
2015
Suffolk University Law School
Constitutional Law-First Circuit Court Of Appeals Upholds A Citizen's Right To Film A Police Officer During A Traffic Stop Absent A Reasonable Restriction-Gericke V. Begin, 753 F.3d 1 (1st Cir. 2014), John J. Ryan
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Testamentary Capacity Litigation In Virginia,
2015
University of Richmond
Testamentary Capacity Litigation In Virginia, F. Philip Manns Jr.
Richmond Journal of Law and the Public Interest
In Rust v. Reid, a 1918 case involving testamentary capacity, the Supreme Court of Virginia wrote the "cases upon this subject are almost without number, and they are not to be reconciled," but Rust referred to "all of the decisions of this court on the subject of competency of jurors," which also had been at issue in the case. However, in its decision in Rust, the Court easily could have leveled the same self-criticism about its cases deciding (1) which party bears the burden of proof in testamentary capacity litigation; (2) whether a presumption of testamentary capacity exists; and (3) …
