Evidence - Present Sense And Common Sense: Stretching The 803(1) Hearsay Exception To Its Limits - United States V. Hieng, 679 F.3d 1131 (9th Cir. 2012),
2013
Suffolk University Law School
Evidence - Present Sense And Common Sense: Stretching The 803(1) Hearsay Exception To Its Limits - United States V. Hieng, 679 F.3d 1131 (9th Cir. 2012), Christopher Lynett
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
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 …
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.
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 …
Building A Taxonomy Of Litigation: Clusters Of Causes Of Action In Federal Complaints,
2013
Washington University School of Law
Building A Taxonomy Of Litigation: Clusters Of Causes Of Action In Federal Complaints, Christina L. Boyd, David A. Hoffman, Zoran Obradovic, Kosta Ristovski
Scholarship@WashULaw
This project empirically explores civil litigation from its inception by examining the content of civil complaints. We utilize spectral cluster analysis on a newly compiled federal district court dataset of causes of action in complaints to illustrate the relationship of legal claims to one another, the broader composition of lawsuits in trial courts, and the breadth of pleading in individual complaints. Our results shed light not only on the networks of legal theories in civil litigation but also on how lawsuits are classified and the strategies that plaintiffs and their attorneys employ when commencing litigation. This approach permits us to …
Litigating Toward Settlement,
2013
Washington University in St. Louis School of Law
Litigating Toward Settlement, Christina L. Boyd, David A. Hoffman
Scholarship@WashULaw
Civil litigation typically ends when the parties compromise. While existing theories of settlement primarily focus on information exchange, we instead examine how motion practice, especially non-discovery motions, can substantially shape parties’ knowledge about their cases and thereby influence the timing of settlement. Using docket-level federal district court data, we find a number of strong effects regarding how motions can influence this process, including that the filing of a motion significantly speeds case settlement, that granted motions are more immediately critical to settlement timing than motions denied, and that plaintiff victories have a stronger effect than defendant victories. These results provide …
Certain Patents,
2013
Texas A&M University School of Law
Certain Patents, Alan C. Marco, Saurabh Vishnubhakat
Faculty Scholarship
This Article presents the first in a series of studies of stock market reactions to the legal outcomes of patent cases. From a sample of patents litigated during a 20-year period, we estimate market reactions to patent litigation decisions and to patent grants. These estimates reveal that the resolution of legal uncertainty over patent validity and patent infringement is, on average, worth as much to a firm as is the initial grant of the patent right. Each is worth about 1.0-1.5% excess returns on investment. There are significant differences between such market reactions before and after the establishment in 1982 …
Cobell Settlement Finalized After Years Of Litigation: Victory At Last?,
2013
University of Oklahoma College of Law
Cobell Settlement Finalized After Years Of Litigation: Victory At Last?, Brooke Campbell
American Indian Law Review
No abstract provided.
