Litigation Commons^™

Cy Pres And The Optimal Class Action, Jay Tidmarsh

Journal Articles

This Article, prepared for a symposium on class actions, examines the problem of cy pres relief through the lens of ensuring that class actions have an optimal claim structure and class membership. It finds that the present cy pres doctrine does little to advance the creation of optimal class actions, and may do some harm to achieving that goal. The Article then proposes an alternative “nudge” to induce putative class counsel to structure class actions in an optimal way: set attorneys’ fees so that counsel is compensated through a combination of an hourly market rate and a percentage of the …

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).

Things We Do With Presumptions: Reflections On Kiobel V. Royal Dutch Petroleum, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The author argues in part I that the presumption should be regarded as categorically inapplicable to statutes conferring jurisdiction on the federal courts. He argues further that the majority opinion in Kiobel supports the conclusion that the presumption is inapplicable to such statutes. It is clear from the Court’s opinion that it was not applying the presumption to determine the geographical scope of the ATS qua jurisdictional statute. It was instead applying the presumption to determine the geographical scope of the federal common law cause of action it had recognized in Sosa v. Alvarez-Machain.

Even when the presumption against …

The Trickle-Down War, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

The history of the European nation-state, wrote political sociologist Charles Tilly, is inextricably bound up with the history of warfare. To oversimplify Tilly’s nuanced and complex arguments, the story goes something like this: As power-holders (originally bandits and local strongmen) sought to expand their power, they needed capital to pay for weapons, soldiers and supplies. The need for capital and new recruits drove the creation of taxation systems and census mechanisms, and the need for more effective systems of taxation and recruitment necessitated better roads, better communications and better record keeping. This in turn enabled the creation of larger and …

The Structure Of Stockholder Litigation: When Do The Merits Matter, Minor Myers, Charles R. Korsmo

Faculty Scholarship

No abstract provided.

Missing The Forest For The Trees: Gender Pay Discrimination In Academia, Melissa Hart

Publications

Women in virtually every job category still make less than men. Academia is no exception. This Article will explore some of the structural explanations for this continued disparity and the continued resistance to seriously confronting those structural barriers to equality. Using the still-unfolding story of a charge of discrimination filed against a university, this Article examines the script that has become all-too-familiar in discussions about the gender pay gap, whether in academia or elsewhere. The basic storyline in pay discrimination litigation is this: Evidence is presented about the existence of a gap between men's earnings and women's earnings. The response …

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.