Litigation Commons^™

The Fortunate Demise Of Sec Staff Legal Bulletin No. 14l, Raffaele Felicetti

Fordham Journal of Corporate & Financial Law

In 2021, the SEC published its now rescinded Staff Legal Bulletin No. 14L (“the 2021 Bulletin”), revising its interpretations of the “ordinary business” and “economic relevance” exclusions under Rule 14a-8. This Article contends that the post-Bulletin landscape has proven undesirable. It empirically shows that environmental and social (“E & S”) shareholder proposals—including anti-E&S proposals—surged in response. Between 2022 and 2024 alone, E & S proposals accounted for 40% of all such filings in Russell 3000 companies over the entire 2014-2024 period, generating an estimated $23.3 million in additional processing costs for companies during that three-year window. Despite their volume, these …

Chronically Online: Apportioning Liability In Social Media Litigation Based On User Engagement, Rebecca Vangelos

Fordham Law Review

The average American teenager spends nearly five hours on social media every day. This result is by design: social media platforms like Instagram, Snapchat, and TikTok deploy persuasive technologies—including infinite scroll, personalized content recommendation feeds, and dark patterns—to capture and retain teen attention. These intentional design features exploit adolescent vulnerabilities to foster social media dependency. Accordingly, a growing body of scientific evidence links the extensive use of social media to the teen mental health crisis in the United States.

Despite these negative effects, social media companies have largely evaded accountability for the harm they have caused to teens. Recent lawsuits …

Gregory, Textualism, And Tax Shelters, Reuven S. Avi-Yonah

Articles

In this installment of Reflections With Reuven Avi-Yonah, Avi-Yonah suggests that courts should adopt a consequentialist approach to tax shelter litigation that would acknowledge the long- term risks of enabling tax shelters and seek to prevent their recurrence. In his excellent article on Gregory v. Helvering, David Elkins says that the common assumption that the case was about abuse of the tax-free reorganization provisions of the code is mistaken. Therefore, he argues, both Judge Learned Hand and the Supreme Court were wrong when they focused on whether the transaction was a “reorganization” as intended by Congress. Instead, they should have …

The Last Line Of A Weak Defense: The Waning Force Of The Ncaa's Procompetitive Defense Of Amateurism In § 1 Compensation Challenges, Morgan Small

American University Law Review

The Supreme Court in NCAA v. Alston determined that the NCAA’s education-related compensation restrictions violated § 1 of the Sherman Act. The Court, however, did not scrutinize the legality of the NCAA’s athletic-related compensation restrictions, begging the question: when will the Supreme Court, if ever, stop presuming the validity of the NCAA’s athletic-related compensation restrictions because they allegedly ensure that college athletics remain amateur?

This Comment examines this question in further detail by cataloging the Court’s antitrust jurisprudence involving § 1 compensation challenges and what this jurisprudence may spell for future litigation in a college athletics landscape increasingly defined by …

To Free A Predator: The Flawed Rationale For Overturning Bill Cosby’S Conviction, Michael C. Kovac

Dickinson Law Review (2017-Present)

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, Catherine Treseler

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Taxes And Certainty: Challenges In Judicial Review Of U.S. Tax Legislation, Reuven Avi-Yonah, Moshe A. Jaffe

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Sole Survivor: Balancing Artistic Expression With Trademark Infringement Factors Within The Sneaker Industry, Katelyn Kohler

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

How To Count To 180—It Depends: Tolling Of Time For Pretrial Detention In Massachusetts, Mitchell Fallon

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Criminal Law—What Do You “Value”? Second Circuit Broadens Federal Bank Bribery Statute To Include Intangibles—United States V. Calk, 87 F.4th 164 (2d Cir. 2023), Trevor Pilkington

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Administrative Law—An End To Menthol-Flavored Ends? Third Circuit Upholds Fda’S Application Denial For Menthol-Flavored Vapes—Logic Tech. Dev. Llc V. United States Fda, 84 F.4th 537 (3d Cir. 2023), Brooke Bridges

Suffolk Journal of Trial and Appellate Advocacy

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.

Editor's Note, Brooke Bridges

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Predators With Power: Applying An Objective Standard To Address Sexual Assault And Rape Of Females In Pretrial Detention, Sara Pompeo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Newest Employee Acquisition Tool—Ai: Can Anti-Discrimination Law Regulate Bias And Who Should Be Liable?, Joslyn Kowalski

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Property Law—'Til Court Do Us Part: Massachusetts Sjc Holds Donor Entitled To Ring Upon Broken Engagement—Johnson V. Settino, 245 N.E.3d 196 (Mass. 2024), Abigail Walsh

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.