Shutting Down The Ex Parte Party: How To Keep Bittorrent Copyright Trolls From Abusing The Federal Court’S Discovery System, 31 J. Marshall J. Info. Tech. & Privacy L. 105 (2014),
2014
UIC School of Law
Shutting Down The Ex Parte Party: How To Keep Bittorrent Copyright Trolls From Abusing The Federal Court’S Discovery System, 31 J. Marshall J. Info. Tech. & Privacy L. 105 (2014), Jennifer L. Hunter
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Class Actions And Justiciability,
2014
University of Miami School of Law
Class Actions And Justiciability, Sergio J. Campos
Articles
A lingering issue in class action law concerns the case or controversy requirement of Article III, otherwise known as the requirement of justiciability. For purposes of justiciability doctrines such as standing, mootness, and ripeness, is the class action brought by all class members, some class members, or just the class representative?
This Article argues that the answer should be none of the above-it should be the class attorney. This Article first shows that the function of the class action is to assign dispositive control of, and a partial beneficial interest in, the class members' claims to the class attorney. Put …
The Death Knell Of Issue Certification And Why That Matters After Wal-Mart V. Dukes,
2014
St. Thomas University College of Law
The Death Knell Of Issue Certification And Why That Matters After Wal-Mart V. Dukes, Andrey Spektor
St. Thomas Law Review
This article begins by examining the effect of Dukes, detailing in Section I how the Court's pronouncement has been felt most acutely by class plaintiffs seeking to certify Rule 23(b)(3) classes. Section II explains why that is significant in light of the Court's most recent cases and orders. It profiles Comcast's unusual trip through the appellate process and offers two competing interpretations of the Court's opinion around which distinct camps at the lower court level have already coalesced. Neither camp, however, the Section argues, understands the disagreement between the majority and dissenting views in Comcast or the Court's other 2013 …
On Demonstrative Evidence And Trial Graphics: What Works And What Doesn't,
2014
A2L Consulting
On Demonstrative Evidence And Trial Graphics: What Works And What Doesn't, Ryan Flax
Criminal Law Practitioner
No abstract provided.
Cause Lawyering In Japan: Reflections On The Case Studies And Justice Reform,
2014
University of Washington School of Law
Cause Lawyering In Japan: Reflections On The Case Studies And Justice Reform, Daniel H. Foote
Chapters in Books
Each of the case studies presented in this volume is an important and fascinating story in its own right. Taken together, the case studies enrich our understanding of cause lawyering and the relationship between law and social change in Japan. Despite their rather disparate subjects, the studies dovetail exceptionally well. They show numerous commonalities in the use of law to further social causes, as well as some important differences. They reveal a truly impressive level of creativity in the use of law, and they disclose several common barriers to successful litigation to promote social causes in Japan. As discussed below, …
Against Settlement Of (Some) Patent Cases,
2014
The Catholic University of America, Columbus School of Law
Against Settlement Of (Some) Patent Cases, Megan M. La Belle
Scholarly Articles
For decades now, there has been a pronounced trend away from adjudication and toward settlement in civil litigation. This settlement phenomenon has spawned a vast critical literature beginning with Owen Fiss’s seminal work, Against Settlement. Fiss opposes settlement because it achieves peace rather than justice, and because settlements often are coerced due to power and resource imbalances between the parties. Other critics have questioned the role that courts play (or ought to play) in settlement proceedings, and have argued that the secondary effects of settlement – especially the lack of decisional law – are damaging to our judicial system. Still, …
Interested, But Not Injured: The Compromised Status Of Qui Tam Plaintiffs Under The Amended False Claims Act And The Return Of The Citizen Suit,
2014
The Catholic University of America, Columbus School of Law
Interested, But Not Injured: The Compromised Status Of Qui Tam Plaintiffs Under The Amended False Claims Act And The Return Of The Citizen Suit, A.G. Harmon
Scholarly Articles
No abstract provided.
The Individual Mandate - A Tax In Penal Clothing - Ought The Judges To Close Their Eyes On The Constitution, And Only See The Law,
2014
Suffolk University Law School
The Individual Mandate - A Tax In Penal Clothing - Ought The Judges To Close Their Eyes On The Constitution, And Only See The Law, Luke J. Rosseel
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
A Circumstantial Defense: Determining The Applicability Of The Good Faith Defense For Campus Security In Sec. 1983 Cases,
2014
Suffolk University Law School
A Circumstantial Defense: Determining The Applicability Of The Good Faith Defense For Campus Security In Sec. 1983 Cases, Lacey Perkins
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Criminal Law - Voir Dire And Dishonesty - When A Verdict Should Be Set Aside Because Of Juror Dishonesty At Voir Dire - Sampson V. United States,
2014
Suffolk University Law School
Criminal Law - Voir Dire And Dishonesty - When A Verdict Should Be Set Aside Because Of Juror Dishonesty At Voir Dire - Sampson V. United States, Brian P. Kelley
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial,
2014
Barry University
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Simulating The Litigation Experience: How Mentoring Law Students In Local Cases Can Enrich Training For The Twenty-First Century Lawyer,
2014
University of Baltimore School of Law
Simulating The Litigation Experience: How Mentoring Law Students In Local Cases Can Enrich Training For The Twenty-First Century Lawyer, José F. Anderson
All Faculty Scholarship
No abstract provided.
Holding Up And Holding Out,
2014
Santa Clara University
Holding Up And Holding Out, Colleen V. Chien
Michigan Telecommunications & Technology Law Review
Patent “hold-up” and patent “hold-out” present important, alternative theories for what ails the patent system. Patent “hold-up” occurs when a patent owner sues a company when it is most vulnerable—after it has implemented a technology—and is able wrest a settlement because it is too late for the company to change course. Patent “hold-out” is the practice of companies routinely ignoring patents and resisting patent owner demands because the odds of getting caught are small. Hold-up has arguably predicted the current patent crises, and the ex ante assertion of technology patents whether in the smartphone war, standards, or patent “troll” context. …
Gender-Conscious Confrontation: The Accuser-Obligation Approach Revisited,
2014
University of Michigan Law School
Gender-Conscious Confrontation: The Accuser-Obligation Approach Revisited, Michael El-Zein
Michigan Journal of Gender & Law
The Supreme Court’s recent Confrontation Clause decisions have had a dramatic effect on domestic violence prosecution throughout the United States, sparking debate about possible solutions to an increasingly difficult trial process for prosecutors and the survivors they represent. In this Note, I revisit and reinterpret the suggestion by Professor Sherman J. Clark in his article, An Accuser-Obligation Approach to the Confrontation Clause,1 that we should view the Confrontation Clause primarily as an obligation of the accuser rather than a right of the accused. Specifically, I reevaluate Clark’s proposition using a gendered lens, ultimately suggesting a novel solution to the problem …
Water Governance Challenges In New Mexico's Middle Rio Grande Valley: A Resilience Assessment,
2014
University of New Mexico
Water Governance Challenges In New Mexico's Middle Rio Grande Valley: A Resilience Assessment, Melina Harm Benson, Dagmar Llewellyn, Ryan Morrison, Mark Stone
Publications
No abstract provided.
Jump In Before It's Too Late: Protecting And Increasing Streamflows In New Mexico,
2014
University of New Mexico
Jump In Before It's Too Late: Protecting And Increasing Streamflows In New Mexico, Sharon Wirth
Publications
Freshwater ecosystems need adequate streamflow to supply clean water for humans and maintain healthy habitat for wildlife. Over-appropriation, overuse, climate change, and drought plague New Mexico's rivers, taxing many rivers beyond sustainability. Despite the myriad of problems caused by little or no water in our rivers, policies and procedures to protect and increase streamflows in New Mexico are limited. While most Western states have made demonstrable progress in alleviating various legal and technical barriers to protecting and increasing streamflows, New Mexico has made only limited, recent progress towards solutions for our drying rivers. This article takes a critical look at …
Developing The Law Of The River: The Integration Of Law And Policy Into Hydrologic And Socio-Economic Modeling Efforts In The Willamette River Basin,
2014
University of New Mexico
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 …
Claim Funders And Commercial Claim Holders: A Common Interest Or A Common Problem?,
2014
University of Miami School of Law
Claim Funders And Commercial Claim Holders: A Common Interest Or A Common Problem?, Michele M. Destefano
Articles
Commercial claim funding, where funders invest in business disputes in exchange for a percentage of any eventual settlement or judgment, is a growing industry in the United States. Funders may request confidential information about the claim and litigation strategy both before deciding to invest (to analyze the strength of the claim) and during the course of the financial relationship (to manage the investment). Further, these funders may work and communicate with claim holders and lawyers about the claim. However, there has been little caselaw and little in-depth analysis on whether--and in what circumstances-the attorney--client privilege and work-product doctrine can be …
Threats And Bullying By Prosecutors,
2014
Professor of Law, Pace University
Threats And Bullying By Prosecutors, Bennett L. Gershman
Loyola University Chicago Law Journal
No abstract provided.
Settlements As An Incentive To Procure Hazardous Waste Site Cleanup: The Third Circuit And A Broad Reading Of Cercla §113(F)(3)(B),
2014
University of Kentucky
Settlements As An Incentive To Procure Hazardous Waste Site Cleanup: The Third Circuit And A Broad Reading Of Cercla §113(F)(3)(B), Stephen F. Soltis
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
