Masthead,
2022
UNH Franklin Pierce School of Law
International Litigation,
2022
Southern Methodist University
International Litigation, Aaron Marr Page, Jonathan I. Blackman, Carmine D. Boccuzzi, Theodore J. Folkman, Phillip B. Dye Jr., Matthew D. Slater, Howard S. Zelbo, Igor V. Timofeyev, Charles A. Patrizia, Joseph R. Profaizer
The Year in Review
No abstract provided.
Book Review: Commercial Litigation In New York State Courts (5th Ed.) Edited By Robert L. Haig,
2022
St. John's University School of Law
Book Review: Commercial Litigation In New York State Courts (5th Ed.) Edited By Robert L. Haig, Kathryn C. Cole
St. John's Law Review
(Excerpt)
Every New York commercial litigator needs as an arrow in her quiver Commercial Litigation in New York State Courts (“Treatise”). Now in its Fifth Edition, this renowned Treatise not only analyzes in-depth the procedural law and the substantive commercial law of New York, but it is replete with invaluable “nuggets of wisdom” and critical guidance for the “attainment of objectives” during a litigation for both plaintiffs and defendants. What began as a three volume resource first published in 1995, the Treatise now boasts ten volumes, 156 chapters (28 of which have been added since the Fourth Edition), and has …
Masthead,
2022
Suffolk University
Masthead, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law—Tightening The Locks To The Schoolhouse Gate—Mahanoy Area Sch. Dist. V. B.L., 141 S. Ct. 2038 (2021),
2022
Suffolk University Law School
Constitutional Law—Tightening The Locks To The Schoolhouse Gate—Mahanoy Area Sch. Dist. V. B.L., 141 S. Ct. 2038 (2021), Angela Bartucca
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Give ‘Em The Ol’ Razzle Dazzle: The Ethics Of Trial Advocacy And The Case Of Kyle Rittenhouse,
2022
Suffolk University Law School
Give ‘Em The Ol’ Razzle Dazzle: The Ethics Of Trial Advocacy And The Case Of Kyle Rittenhouse, David A. Lord
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
International Arbitration: Supreme Court Holds District Courts May Not Order Discovery For Use In Private International Arbitration,
2022
Suffolk University Law School
International Arbitration: Supreme Court Holds District Courts May Not Order Discovery For Use In Private International Arbitration, Niamh Gibbons
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Securities Law—First Circuit Adopts Irrevocable Liability As Both Necessary And Sufficient Condition For Domestic Securities Test—Sec V. Morrone, 997 F.3d 52 (1st Cir. 2021),
2022
Suffolk University Law School
Securities Law—First Circuit Adopts Irrevocable Liability As Both Necessary And Sufficient Condition For Domestic Securities Test—Sec V. Morrone, 997 F.3d 52 (1st Cir. 2021), Shiri Pagliuso
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law—Concealing Identity To Record Is Not An Interception Under Massachusetts Wiretap Statute—Curtatone V. Barstool Sports, Inc., 169 N.E.3d 480 (Mass. 2021),
2022
Suffolk University Law School
Constitutional Law—Concealing Identity To Record Is Not An Interception Under Massachusetts Wiretap Statute—Curtatone V. Barstool Sports, Inc., 169 N.E.3d 480 (Mass. 2021), Catherine Cardon
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Front Matter,
2022
Suffolk University
Front Matter, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Table Of Contents,
2022
Suffolk University
Table Of Contents, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Editor's Note,
2022
Suffolk University Law School
Editor's Note, Kori Dean
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law—Sexual Orientation Recognized As Protected Class For Batson Challenges—Commonwealth V. Carter, 172 N.E.3d 367 (Mass. 2021),
2022
Suffolk University Law School
Constitutional Law—Sexual Orientation Recognized As Protected Class For Batson Challenges—Commonwealth V. Carter, 172 N.E.3d 367 (Mass. 2021), Ian Luciano
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law—Device Searches Absent Reasonable Suspicion Allow Security Interests To Outweigh Privacy Concerns And Amplify Bias At The U.S. Border—Alasaad V. Mayorkas, 988 F.3d 8 (1st Cir. 2021),
2022
Suffolk University Law School
Constitutional Law—Device Searches Absent Reasonable Suspicion Allow Security Interests To Outweigh Privacy Concerns And Amplify Bias At The U.S. Border—Alasaad V. Mayorkas, 988 F.3d 8 (1st Cir. 2021), Shannah Colbert
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Criminal Law—Third Circuit Holds Proposed Drug Consumption Room Is Criminal Violation Of The Controlled Substance Act—United States V. Safehouse, 985 F.3d 225 (3rd Cir. 2021),
2022
Suffolk University Law School
Criminal Law—Third Circuit Holds Proposed Drug Consumption Room Is Criminal Violation Of The Controlled Substance Act—United States V. Safehouse, 985 F.3d 225 (3rd Cir. 2021), Veronica Lee
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Reed V. Goertz: Brief Of Federal Courts Scholars As Amici Curiae In Support Of Petitioner,
2022
University of Michigan Law School
Reed V. Goertz: Brief Of Federal Courts Scholars As Amici Curiae In Support Of Petitioner, Leah Litman, Eve Brensike Primus
Appellate Briefs
This brief is filed on behalf of legal scholars who study federal jurisdiction, federal procedure, and constitutional law, and who have taught and written on the interplay between proceedings in state and federal courts.<\p>
The Court should hold that § 1983 claims challenging the constitutionality of state post-conviction DNA testing statutes do not accrue until the end of state-court litigation denying DNA testing. That is the only rule that comports with principles of federalism and comity, which favor sequencing federal litigation after related state proceedings. Unnecessary co-pendency of state and federal litigation invites unnecessary intrusions into state processes. If a …
Cross-Examination Content And The "Power Of Not",
2022
University of Missouri - Kansas City, School of Law
Cross-Examination Content And The "Power Of Not", Patrick C. Brayer
Faculty Works
One of the challenges in constructing an impactful cross-examination (cross) is creating content. Many trial attorneys can effectively identify issues in the discovery process but fail to communicate to the fact finder the power of the facts as they relate to the case. Depositions can be artfully conducted and interrogatories expertly administered, but if the presenter of the evidence is unable to translate basic facts into vivid images and stories, then once-dominant discovery revelations can often be reduced to tepid references. After years of preparing one case, many trial attorneys are so hardened to the basic facts that they fail …
Brief Of Professor Brandon Hasbrouck As Amicus Curiae In Support Of Appellant: Bell V. Streeval,
2022
Washington and Lee University School of Law
Brief Of Professor Brandon Hasbrouck As Amicus Curiae In Support Of Appellant: Bell V. Streeval, Brandon Hasbrouck
Scholarly Articles
The core question raised by this case is whether a federal prisoner serving an unconstitutional sentence can be foreclosed from post-conviction habeas relief by the gatekeeping provisions of § 2255. The Constitution answers that question in the negative through the Suspension Clause. “[F]reedom from unlawful restraint [i]s a fundamental precept of liberty,” and the writ of habeas corpus “a vital instrument to secure that freedom.” Boumediene, 553 U.S. at 739. The importance of the common law writ was such that the Framers specified that it could be suspended only in the most exigent circumstances. U.S. Const. art. I, § …
Physical Losses, Invisible Damages: Finding Coverage For Business Interruption Insurance Claims Sustained During The Covid-19 Pandemic,
2022
University of Minnesota Law School
Physical Losses, Invisible Damages: Finding Coverage For Business Interruption Insurance Claims Sustained During The Covid-19 Pandemic, Mason Medeiros
Minnesota Journal of Law, Science & Technology
No abstract provided.
Officer-Created Jeopardy And Reasonableness Reform: Rebuttable Presumption Of Unreasonableness Within 42 U.S.C. § 1983 Police Use Of Force Claims,
2022
University of Michigan Law School
Officer-Created Jeopardy And Reasonableness Reform: Rebuttable Presumption Of Unreasonableness Within 42 U.S.C. § 1983 Police Use Of Force Claims, Bryan Borodkin
University of Michigan Journal of Law Reform
This Note analyzes the current state of civil law surrounding police use of excessive force, highlighting the evolution of the “objective reasonableness” test employed in civil police use of force lawsuits brought under 42 U.S.C. § 1983. This Note also discusses the role that social movements and surveillance technologies have played in furthering police accountability and shifting public opinion surrounding police use of force. After detailing this social and technological context, this Note addresses the numerous problems presented by the “objective reasonableness” test employed within civil police use of force cases, analyzing this problematic test from the perspective of both …
