Beyond The Embryonic Stage: Younger V. Harris And Proceedings Of Substance On The Merits In The Context Of Preliminary Injunctive Relief,
2013
Suffolk University Law School
Beyond The Embryonic Stage: Younger V. Harris And Proceedings Of Substance On The Merits In The Context Of Preliminary Injunctive Relief, Jarrod L. Schaeffer
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Defining Patent Eligibility By Extrapolating The Judicial Outlook Of Software Onto Biotechnology Patents,
2013
Suffolk University Law School
Defining Patent Eligibility By Extrapolating The Judicial Outlook Of Software Onto Biotechnology Patents, Joanna M. Grigas
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Papadopoulos V. Target: Finally Melting Away The Century-Old Natural Accumulation Standard In Massachusetts,
2013
Suffolk University Law School
Papadopoulos V. Target: Finally Melting Away The Century-Old Natural Accumulation Standard In Massachusetts, Kayla M. Savasta
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Doctrine Of Harmless Error In Criminal Cases In Massachusetts,
2013
Suffolk University Law School
The Doctrine Of Harmless Error In Criminal Cases In Massachusetts, Amanda M. Chaves
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Administrative Law - United States Entitled To Sovereign Immunity Under The Foreign Intelligence,
2013
Suffolk University Law School
Administrative Law - United States Entitled To Sovereign Immunity Under The Foreign Intelligence, Sammy Nabulsi Suhail
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Criminal Law - Duress: No Defense To Murder: - Commonwealth V. Vasquez, 971 N.E.2d 783 (Mass. 2012),
2013
Suffolk University Law School
Criminal Law - Duress: No Defense To Murder: - Commonwealth V. Vasquez, 971 N.E.2d 783 (Mass. 2012), George K. Bullen
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Civil Rule 54(B): Seventy-Five And Ready For Retirement,
2013
Case Western University School of Law
Civil Rule 54(B): Seventy-Five And Ready For Retirement, Andrew S. Pollis
Faculty Publications
As we commemorate the diamond anniversary of the Federal Rules of Civil Procedure, this Article takes a critical look at one of the failed Rules: Rule 54(b). Although many commentators have noted difficulties with Rule 54(b), this is the first effort to describe those difficulties comprehensively, analyze their root causes, and offer a workable alternative.
When an order resolves a discrete claim in a multi-claim action, Rule 54(b) permits a district court to sever the order for immediate appeal by “expressly determine[in] that there is no just reason for delay.” The rule was designed to ease the hardship on litigants …
Franchise Goodwill: Take A Sad Song And Make It Better,
2013
University of Florida
Franchise Goodwill: Take A Sad Song And Make It Better, Robert W. Emerson
University of Michigan Journal of Law Reform
The end of a franchisor-franchisee relationship is often like a divorce, with the parties engaged in a heated battle over the ownership of the franchise goodwill. In this debate, the same franchisors or franchisees often change their positions on goodwill ownership depending on current needs. This Article analyzes cases in many areas of franchise law to determine why franchisors and franchisees engage in such inconsistent reasoning, what the consequences are for franchising, and if there are ways to produce a more logical and efficient form of analysis and debate. In addressing the most contentious issues of franchising, adherence by litigants …
The Mosaic Theory In Individual Rights Litigation: On The Genealogy And Expansion Of A Concept,
2013
University of Richmond
The Mosaic Theory In Individual Rights Litigation: On The Genealogy And Expansion Of A Concept, Robert M. Pallitto
Richmond Journal of Law and the Public Interest
This article explores the use of the concept of "mosaics" in individual rights litigation, a topic that has received virtually no scholarly attention. Originally a construct used in analysis of intelligence data, the mosaic theory has been transposed to the litigation context and applied in a range of recent case law. Here, the article examines the theory's use in two settings that have important implications for individual liberties: to support the state secrets privilege as a form of information control, and to defeat habeas petitions filed by "war on terror" detainees. In these areas, the mosaic concept is used in …
“Fine Distinctions” In The Contemporary Law Of Insider Trading,
2013
Georgetown University Law Center
“Fine Distinctions” In The Contemporary Law Of Insider Trading, Donald C. Langevoort
Georgetown Law Faculty Publications and Other Works
William Cary’s opinion for the SEC in In re Cady, Roberts & Co. built the foundation on which the modern law of insider trading rests. This paper—a contribution to Columbia Law School’s recent celebration of Cary’s Cady Roberts opinion, explores some of these—particularly the emergence of a doctrine of “reckless” insider trading. Historically, the crucial question is this: how or why did the insider trading prohibition survive the retrenchment that happened to so many other elements of Rule 10b-5? It argues that the Supreme Court embraced the continuing existence of the “abstain or disclose” rule, and tolerated constructive fraud notwithstanding …
Ohio Oil And Gas Litigation In The New Fracking Era,
2013
University of Dayton
Ohio Oil And Gas Litigation In The New Fracking Era, Blake Watson
School of Law Faculty Publications
There is a new era of oil and gas exploration in Ohio: the horizontal “fracking” era. Although the hydraulic fracturing process has been utilized for decades, the recent development of horizontal drilling methods has enabled companies to extract oil and gas from the Marcellus and Utica deep shale formations. Horizontal hydraulic fracturing has substantially changed oil and gas drilling in eastern Ohio, as evident by the following statements taken from a complaint filed by landowners in Columbiana County:
From 2008 through 2010, few Columbiana County landowners understood the significance of the Utica shale play. ... [M]any landowners enter[ed] into oil …
Essay:1 From The “No Spittin’, No Cussin’ And No Summary Judgment”2 Days Of Employment Discrimination Litigation To The “Defendant’S Summary Judgment A Rmed Without Comment” Days: One Judge’S Four-Decade Perspective,
2013
U.S. District Court Judge in the Northern District of Iowa
Essay:1 From The “No Spittin’, No Cussin’ And No Summary Judgment”2 Days Of Employment Discrimination Litigation To The “Defendant’S Summary Judgment A Rmed Without Comment” Days: One Judge’S Four-Decade Perspective, Hon. Mark W. Bennett
NYLS Law Review
No abstract provided.
The Jury (Or More Accurately The Judge) Is Still Out For Civil Rights And Employment Cases Post-Iqbal,
2013
Associate Dean of Academic Affairs and Professor of Law, The Catholic University of America, Columbus School of Law
The Jury (Or More Accurately The Judge) Is Still Out For Civil Rights And Employment Cases Post-Iqbal, Suzette M. Malveaux
NYLS Law Review
No abstract provided.
Bringing Back Reasonable Inferences: A Short, Simple Suggestion For Addressing Some Problems At The Intersection Of Employment Discrimination And Summary Judgment,
2013
Circuit Judge on the U.S. Court of Appeals for the Sixth Circuit
Bringing Back Reasonable Inferences: A Short, Simple Suggestion For Addressing Some Problems At The Intersection Of Employment Discrimination And Summary Judgment, Hon. Bernice B. Donald, J. Eric Pardue
NYLS Law Review
No abstract provided.
Sacrificial Lambs: Compensating First Subscribers To Fda-Approved Medications For Postmarketing Injuries Resulting From Unlabeled Adverse Events,
2013
The Catholic University of America, Columbus School of Law
Sacrificial Lambs: Compensating First Subscribers To Fda-Approved Medications For Postmarketing Injuries Resulting From Unlabeled Adverse Events, Rodney K. Miller
Catholic University Law Review
No abstract provided.
Archival: A Water Rights Manual For Mutual Domestic Water Consumers Associations,
2013
University of New Mexico - School of Law
Archival: A Water Rights Manual For Mutual Domestic Water Consumers Associations, Utton Center, University Of New Mexico - School Of Law, Zackeriah Carpenter, Gregory Chakalian, Darcy S. Bushnell
Publications
The Utton Center prepared this Water Rights Manual to assist Mutual Domestic Water Consumers Associations (MDWCAs) with the development, protection and management of their water rights.
This manual provides an introduction to and defines Water Rights in New Mexico, as well as to acquire and have recognized Water Rights. This document also covers water management and planning, and provides additional resources.
Class Actions All The Way Down,
2013
University of Miami School of Law
Plaintiff Control And Domination In Multidistrict Mass Torts,
2013
University at Buffalo School of Law
Plaintiff Control And Domination In Multidistrict Mass Torts, S. Todd Brown
Journal Articles
No abstract provided.
Understanding The Obstacles To The Recognition And Enforcement Of U.S. Judgments Abroad,
2013
University of Akron
Understanding The Obstacles To The Recognition And Enforcement Of U.S. Judgments Abroad, Samuel P. Baumgartner
Akron Law Faculty Publications
Questions of recognition and enforcement of foreign judgments have entered center stage. Recent empirical work suggests that there has been a marked increase in the frequency with which U.S. courts are asked to recognize and enforce foreign judgments. The U.S. litigation surrounding a multibillion-dollar Ecuadoran judgment against Chevron indicates that the stakes in some of these cases can be high indeed. This rising importance of questions of judgments recognition has not been lost on lawmakers. In November of 2011, the Subcommittee on Courts, Commercial and Administrative Law of the U.S. House of Representatives’ Judiciary Committee held hearings on whether to …
Living In Cafa's World,
2013
Notre Dame Law School
Living In Cafa's World, Jay Tidmarsh
Journal Articles
This Article, prepared for a conference on the Class Action Fairness Act, examines the effect of CAFA on our understanding about the benefits and drawbacks of class actions. The Article describes the vision of class actions that imbues CAFA, and demonstrates how many subsequent developments in the law of class actions — including the Supreme Court’s decisions in Wal-Mart v. Dukes, AT&T Mobility v. Concepcion, and Shady Grove Orthopedics v. Allstate Insurance — have advanced CAFA’s restrictive vision about the role of class actions in modern American litigation. The Article demonstrates that competing visions about the role of class actions …
