Rethinking The Additur Question In Federal Courts,
2011
Suffolk University Law School
Rethinking The Additur Question In Federal Courts, Joseph R. Posner
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Arbitration - United States Supreme Court Sounds The Death Knell For Class Arbitration - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., 130 S. Ct. 1758 (2010),
2011
Suffolk University Law School
Arbitration - United States Supreme Court Sounds The Death Knell For Class Arbitration - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., 130 S. Ct. 1758 (2010), Keerthi Sugumaran
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Leading By Example: Why The First Circuit Should Adopt A Medical Peer-Review Privilege,
2011
Suffolk University Law School
Leading By Example: Why The First Circuit Should Adopt A Medical Peer-Review Privilege, Jared M. Levin
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Testimonial Nature Of Multidisciplinary Team Interviews In Massachusetts: Applying Crawford To The Child Declarant,
2011
Suffolk University Law School
The Testimonial Nature Of Multidisciplinary Team Interviews In Massachusetts: Applying Crawford To The Child Declarant, Laura E. Ruzzo
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Naked Truth: An In-Depth Look Into The Question Of Hearsay Admissibility At Probation Violation Hearings In Massachusetts, The Application Of Rule 6, And What It All Means For The Future Of The Massachusetts Probation System,
2011
Suffolk University Law School
The Naked Truth: An In-Depth Look Into The Question Of Hearsay Admissibility At Probation Violation Hearings In Massachusetts, The Application Of Rule 6, And What It All Means For The Future Of The Massachusetts Probation System, Ashley Wirth
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Civil Procedure - Intra-Military Immunity Doctrine Applies To Dual Status Technicians - Zuress V. Donley, 606 F.3d 1249 (9th Cir. 2010),
2011
Suffolk University Law School
Civil Procedure - Intra-Military Immunity Doctrine Applies To Dual Status Technicians - Zuress V. Donley, 606 F.3d 1249 (9th Cir. 2010), J. T. Baker
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Civil Procedure - Supplemental Jurisdiction And The Expansion Of The Independent Basis For Subject Matter Jurisdiction Requirement - Global Naps, Inc. V. Verizon New England, Inc., 603 F.3d 71 (1st Cir. 2010),
2011
Suffolk University Law School
Civil Procedure - Supplemental Jurisdiction And The Expansion Of The Independent Basis For Subject Matter Jurisdiction Requirement - Global Naps, Inc. V. Verizon New England, Inc., 603 F.3d 71 (1st Cir. 2010), Randall Gleason
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
D Is For Digitize: An Introduction,
2011
New York Law School
D Is For Digitize: An Introduction, James Grimmelmann
NYLS Law Review
No abstract provided.
H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union,
2011
St. John’s University School of Law
H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye
NYLS Law Review
No abstract provided.
In Re Healthsouth Corp. Securities Litigation,
2011
New York Law School Class of 2011
In Re Healthsouth Corp. Securities Litigation, Adam Paul Gordon
NYLS Law Review
No abstract provided.
Jury Nullification, Race, And The Wire,
2011
Kelley Drye & Warren LLP
Jury Nullification, Race, And The Wire, James M. Keneally
NYLS Law Review
No abstract provided.
Misinterpreted Justice: Problems With The Use Of Islamic Legal Experts In U.S. Trial Courts,
2011
New York Law School Class of 2010
Misinterpreted Justice: Problems With The Use Of Islamic Legal Experts In U.S. Trial Courts, Peter W. Beauchamp
NYLS Law Review
No abstract provided.
Extending The Fraud-On-The-Market Presumption Beyond Basic: A Case Of Poor Analogies And Over-Eager Courts,
2011
New York Law School Class of 2010
Extending The Fraud-On-The-Market Presumption Beyond Basic: A Case Of Poor Analogies And Over-Eager Courts, Dana Lai
NYLS Law Review
No abstract provided.
American Academy Of Religion V. Napolitano,
2011
New York Law School Class of 2010
American Academy Of Religion V. Napolitano, Margaret Laufman
NYLS Law Review
No abstract provided.
Stipulating The Law,
2011
Boston University School of Law
Stipulating The Law, Gary Lawson
Michigan Law Review
In Free Enterprise Fund v. Public Company Accounting Oversight Board, the Supreme Court decided important questions of structural constitutionalism on the assumption, shared by all of the parties, that members of the Securities and Exchange Commission are not removable at will by the president. Four Justices strongly challenged the majority's willingness to accept what amounts to a stipulation by the parties to a controlling issue of law. As a general matter the American legal system does not allow parties to stipulate to legal conclusions, though it welcomes and encourages stipulations to matters of fact. I argue that one ought to …
Rulemaking, Litigation Culture And Reform In Federal Courts,
2011
St. John's University School of Law
Rulemaking, Litigation Culture And Reform In Federal Courts, Edward D. Cavanagh
Faculty Publications
Culturally based litigation practices are central to the policies of federal courts. Unlike the Federal Rules of Civil Procedure, cultural based practices are neither uniform nor explicitly defined among the federal courts. These practices are specifically tailored to ensure judicial efficiency, and in turn, they heavily influence practice and procedure in federal courts. This Article examines the significance of cultural litigation practices and their influence on amending or establishing new Federal Rules of Civil Procedure. The author proposes that rulemaking must compliment cultural practices in order to be successful and concludes that when conflict exists between these practices and rulemaking, …
The Griswold 9 And Student Activism For Faculty Diversity At Harvard Law School In The Early 1990s,
2011
St. John's University School of Law
The Griswold 9 And Student Activism For Faculty Diversity At Harvard Law School In The Early 1990s, Philip Lee
Faculty Publications
This article reconstructs a mostly forgotten moment in Harvard Law School history when the students organized in the early 1990s across race, gender, sexual orientation, and ability and disability lines to push for faculty diversity. The new student coalition, called the Coalition for Civil Rights, gave the students’ activism unusual momentum. This initiative included the first time that law students, acting pro se, sued their law school for discrimination in faculty hiring and the first time Harvard Law School students were publically tried by their school’s Administrative Board for conducting an overnight sit-in at the Dean’s office (i.e., the Griswold …
Checks, Balances And Judicial Wizardry: Constitutional Delegation And Congressional Legislation,
2011
University at Buffalo School of Law
Checks, Balances And Judicial Wizardry: Constitutional Delegation And Congressional Legislation, Robert I. Reis
Journal Articles
No abstract provided.
Reassessing The Avoidance Canon In Erie Cases,
2011
University of Akron School of Law
Reassessing The Avoidance Canon In Erie Cases, Bernadette Bollas Genetin
Akron Law Faculty Publications
This Article advocates that the Supreme Court recalibrate the avoidance canon used in Erie cases in which Federal Rules are in potential conflict with state law. The Article examines the Court’s historical use of avoidance in Erie cases, observing that contemporary jurists inappropriately conflate the purposes of pre- and post-Hanna avoidance when they conclude that avoidance in both periods protected state interests. Avoidance in the post-Hanna period has been premised on protecting important state interests and regulatory policies, but pre-Hanna avoidance attempted, with mixed success, to protect the Federal Rules. The Article also reveals that the Court’s post-Hanna federalism focus …
Damage Anchors On Real Juries,
2011
Northwestern University Law School
Damage Anchors On Real Juries, Shari Seidman Diamond, Mary R. Rose, Beth Murphy, John B. Meixner Jr.
Scholarly Works
Experiments reveal anchoring as a powerful force, even when participants see the anchor as irrelevant. Here, we examine the reactions of real deliberating jurors to attorney damage requests and concessions in 31 cases involving 33 plaintiffs in which the jury awarded damages. Jurors were critical consumers of attorney suggestions. They reacted more negatively to, and were less influenced by, plaintiff ad damnums for pain and suffering than to damage requests in categories grounded in more objective evidence. Deliberations revealed that jurors often perceive plaintiff ad damnums not only as irrelevant, but also as outrageous, impressions reflected in their verdicts. These …
