Litigation Commons^™

Criminal Law—The Cruel And Unusual Practice Of Sentencing Young Adults To Life Behind Bars—People V. Parks, 987 N.W.2d 161 (Mich. 2022), Catherine Treseler

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Contract Law—Superseding Agreements: The Application Of Arbitration Clauses In Cryptocurrency Consumer Clickwrap Agreements—Suski V. Coinbase, Inc., 55 F.4th 1227 (9th Cir. 2022), Emily Larovere

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law—Eighth Amendment As Litigation Tool To Protect Marginalized Communities—Johnson V. City Of Grants Pass, 72 F.4th 868 (9th Cir. 2023), Bhumika Choudhary

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.

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.

The Long View Of Racial Disparities In Dangerousness Determinations, Joseph R. Spadoni

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Rhymes To Crimes: Massachusetts Courts’ Use Of Rap Lyrics As Evidence – An Unconstitutional Practice Rooted In Racial Bias, Julia Mitrano

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Civil Rights Law—Enough Is Enough—District Court Holds Two Sexual Harassment Instances Un-Pervasive For Title Ix Claim—Owens V. Louisiana State Univ., 709 F. Supp. 3d 219 (M.D. La. 2023), Catherine Treseler

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Copyright Law—Remedy In Need Of Reform: The Complexities Of Copyright Statutory Damages—Sullivan V. Flora, Inc., 63 F.4th 1130 (7th Cir. 2023), Zoe Lyon

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Administrative Law—Say Goodbye To Agencies: The Shift From Agency To Citizen Enforcement Of The Clean Water Act—Naturaland Tr. V. Dakota Fin. L.L.C., 41 F.4th 342 (4th Cir. 2022), Sara Spencer

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The End Of Arbitrage: Recent Chancery Court Decisions Highlight Delaware’S Need To Overturn Transkaryotic, Celia Golod

Emory Law Journal

Appraisal is a legislatively created right that affords a shareholder the ability to seek a judicial ruling on the fair value of their stock when their corporation undergoes a merger that they do not support. While this remedy is intended to protect shareholders from faulty merger negotiating, in the 2010s hedge fund petitioners in Delaware flooded the Delaware Chancery Court to use the remedy to make a profit—a tactic called appraisal arbitrage. While appraisal arbitrage theoretically acts as a back-end market check on controller abuses, appraisal litigation is lengthy and requires court resources. Further, appraisal arbitrage allows hedge fund petitioners, …

Certificates Of Public Advantage: A Valuable Tool Or Diminishing Allure?, Abdur Rahman Amin

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

SchröDinger’S Dissent: The Hybrid Authority Of A Dissenting Opinion, Christina M. Frohock

Marquette Law Review

A dissenting opinion is the Schrödinger’s cat of authorities: both the law and not the law simultaneously. Courts and scholars often clarify that a dissenting opinion is not binding. Outside the universe of precedent, that authority defies easy description. Emerging from the pen of a judge wearing a black robe and acting in an official capacity, a dissenting opinion exhibits the form of the law. Yet, beneath that lofty sheen, a dissent exhibits the substance of commentary. A dissenting judge writes to undercut the law, providing a case law coda. This Article describes the traditional categories of authority, primary and …

Securities Arbitration Case Law Updates 2023-2024 (June 2024), Elissa Germaine, Nikki Junda

Faculty Publications

(Excerpt)

This article summarizes leading arbitration cases and related issues that are of particular relevance to the securities arbitration practitioner.

The Consumer’S Choice To Boycott, Agnes Bresee

Seattle University Law Review

In the wake of employees losing their jobs upon voicing their political opinions concerning Israel, Harvard and Columbia law students’ job offers being rescinded upon expressing support for Palestine, and the names and social media profiles of individuals who support Palestine being collected and listed on Canary Mission, such backlash may leave many Americans wondering what form of resistance to settler-colonialist apartheid is acceptable in the twenty-first century. Recently, the movement to collectively boycott brands like Starbucks, which sued its Worker’s Union for a tweet expressing support for Palestine; Disney, which donated money to Israel; and McDonald’s, where a location …

A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun

Seattle University Law Review

In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.

Overseeing The Administrative State, Jill E. Fisch

Seattle University Law Review

In a series of recent cases, the Supreme Court has reduced the regulatory power of the Administrative State. Pending cases offer vehicles for the Court to go still further. Although the Court’s skepticism of administrative agencies may be rooted in Constitutional principles or political expediency, this Article explores another possible explanation—a shift in the nature of agencies and their regulatory role. As Pritchard and Thompson detail in their important book, A History of Securities Law in the Supreme Court, the Supreme Court was initially skeptical of agency power, jeopardizing Franklin Delano Roosevelt (FDR)’s ambitious New Deal plan. The Court’s acceptance …

The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney

Seattle University Law Review

Pritchard and Thompson have given those of us who study the SEC and the securities laws much food for thought. Their methodological focus is on the internal dynamics of the Court’s deliberations, on which they have done detailed and valuable work. The Court did not, however, operate in a vacuum. Intellectual trends in economics and law over the past century can also help us understand the SEC’s fortunes in the federal courts and make predictions about its future.