Realigning Parties,
2014
Southwestern Law School
Realigning Parties, Debra Lyn Bassett, Rex R. Perschbacher
Utah Law Review
The doctrine of realignment—which permits a federal court to change a party’s litigating position from plaintiff to defendant or vice versa—has been virtually ignored in federal procedure scholarship. This stark neglect is genuinely astonishing because the federal circuit courts are split as to the appropriate standard. The source of the standard—and the circuit courts’ confusion—is a 1941 U.S. Supreme Court decision, City of Indianapolis v. Chase National Bank. In that decision, rather than focusing on realignment’s purpose, the Supreme Court focused unduly on the specific context in which the realignment issue arose. The result was a muddled articulation of the …
Cy Pres And The Optimal Class Action,
2014
Notre Dame Law School
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 …
Where Is Home Depot “At Home”? Daimler V. Bauman And The End Of Doing Business Jurisdiction,
2014
University at Buffalo School of Law
Where Is Home Depot “At Home”? Daimler V. Bauman And The End Of Doing Business Jurisdiction, Tanya J. Monestier
Journal Articles
In January 2014, the U.S. Supreme Court decided Daimler AG v. Bauman. The case was supposed to resolve a very important question that had divided courts for decades: when, for jurisdictional purposes, can the contacts of a subsidiary be imputed to its parent? The Supreme Court dodged this question. Instead, it answered a different, but equally important, question: under what circumstances is a corporation “at home” such that a state has general jurisdiction over it? The Court had introduced the “at home” language to the discourse on general jurisdiction a few years earlier in Goodyear Dunlop Tires Operations, S.A. …
A Response,
2014
Osgoode Hall Law School of York University
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).
The Structure Of Stockholder Litigation: When Do The Merits Matter,
2014
Brooklyn Law School
The Structure Of Stockholder Litigation: When Do The Merits Matter, Minor Myers, Charles R. Korsmo
Faculty Scholarship
No abstract provided.
The Rise And Fall Of Unconscionability As The 'Law Of The Poor',
2014
Georgetown University Law Center
The Rise And Fall Of Unconscionability As The 'Law Of The Poor', Anne Fleming
Georgetown Law Faculty Publications and Other Works
What happened to unconscionability? Here’s one version of the story: The doctrine of unconscionability experienced a brief resurgence in the mid-1960s at the hands of naive, left-liberal, activist judges, who used it to rewrite private consumer contracts according to their own sense of justice. These folks meant well, no doubt, much like present-day consumer protection crusaders who seek to ensure the “fairness” of financial products and services. But courts’ refusal to enforce terms they deemed "unconscionable” served only to increase the cost of doing business with low-income households. Judges ended up hurting the very people they were trying to help. …
Machine Learning And Law,
2014
University of Colorado Law School
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,
2014
Washington and Lee University School of Law
Comment: Knowledge Circles And The Duty Of Care, Jill M. Fraley
Washington and Lee Law Review
No abstract provided.
Front Matter,
2014
Suffolk University
Front Matter, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Masthead,
2014
Suffolk University
Masthead, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Table Of Contents,
2014
Suffolk University
Table Of Contents, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Editor's Note,
2014
Suffolk University Law School
Editor's Note, Luke J. Rosseel
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Massachusetts Statutes Of Limitations: A User Guide,
2014
Suffolk University Law School
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,
2014
Suffolk University Law School
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,
2014
Suffolk University Law School
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,
2014
Suffolk University Law School
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,
2014
Suffolk University Law School
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,
2014
Suffolk University Law School
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,
2014
Suffolk University Law School
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,
2014
Suffolk University Law School
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.
