How Rhetoric Reveals Judicial Motives In Employment Discrimination Cases,
2022
University of Tennessee College of Law
How Rhetoric Reveals Judicial Motives In Employment Discrimination Cases, Susan E. Provenzano
Tennessee Law Review
Employment discrimination plaintiffs tend to lose on summary judgment. In these cases, judges are acting like juries and undermining anti-discrimination legislation while paying lip service to the law and the judicial role. How and why are courts doing this? Legal scholars blame bad doctrine and biased judging. But neither one tells the full story. The tell is in the opinions' strategic use of language, which shows how the court, as an institution, "sized up" the case and the motives of key actors the parties, the lawmakers, other courts, and the court itself. Conducting the first-ever rhetorical analysis of this problem, …
Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment,
2022
Catholic University of America (Student)
Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment, Ethan Swierczewski
Catholic University Journal of Law and Technology
No abstract provided.
Regulating Fraud On The Marketplace Of Ideas: Federal Securities Law As A Model For Constitutionally Permissible Social Media Regulation,
2022
Seattle University School of Law
Regulating Fraud On The Marketplace Of Ideas: Federal Securities Law As A Model For Constitutionally Permissible Social Media Regulation, Michael M. Epstein
Seattle University Law Review
This article begins with an introduction discussing speech falsity and the duty under U.S. law by comparing commercial and noncommercial speech. Part I explores the problem of online disinformation. Part II addresses online disinformation in a non-commercial context. Part III contains three subsections assesses non-transactional commercial speech as a basis for non-commercial disinformation regulation. Part IV advocates for a fiduciary duty to fashion a remedy. Part V of this article concludes by suggesting a possible solution for creating a online disinformation law that could survive the First Amendment.
No Motion Left Behind: Adjudicating Motions To Remand In Cases Snap Removed To Mdls,
2022
University of Georgia School of Law
No Motion Left Behind: Adjudicating Motions To Remand In Cases Snap Removed To Mdls, Millie Price
Georgia Law Review
Under the current wording of the federal removal statute, 28 U.S.C. § 1441, defendants in some jurisdictions may remove a state action to federal court before an in-state defendant is served. These defendants are taking advantage of the forum defendant rule in 28 U.S.C. § 1441(b)(2). This phenomenon has been coined “snap removals.” Three federal courts of appeals allow such removals, whereas many federal district courts say it is improper. The “home” district court might not be the end point for the case, though. Corporate defendants often ask for the case to be transferred to a pending Multidistrict Litigation (MDL) …
Well, At Least They Tried: Deliberate Indifference As Prison Officials’ Liability Scapegoat For Objectively Inhumane Prison Conditions During Covid-19,
2022
Suffolk University Law School
Well, At Least They Tried: Deliberate Indifference As Prison Officials’ Liability Scapegoat For Objectively Inhumane Prison Conditions During Covid-19, Mary Levine
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Right To A Speedy Trial For All, Unless You’Re Incarcerated: How Sixth Amendment Jurisprudence Allows For Prolonged Isolation—United States V. Bailey-Snyder, 923 F.3d 289, 291 (3rd Cir. 2019),
2022
Suffolk University Law School
Right To A Speedy Trial For All, Unless You’Re Incarcerated: How Sixth Amendment Jurisprudence Allows For Prolonged Isolation—United States V. Bailey-Snyder, 923 F.3d 289, 291 (3rd Cir. 2019), Madison Carvello
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.
Life Is What You Make It . . . Unless You Are Transgender And Incarcerated: Revising The Test For Judging An Incarcerated Transgender Individual’S Readiness For Gender Confirmation Surgery,
2022
Suffolk University Law School
Life Is What You Make It . . . Unless You Are Transgender And Incarcerated: Revising The Test For Judging An Incarcerated Transgender Individual’S Readiness For Gender Confirmation Surgery, Allison Eddy
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.
Brief Of Amici Curiae In Support Of Defendants-Appellees: Braidwood Management V. Eeoc,
2022
Washington and Lee University School of Law
Brief Of Amici Curiae In Support Of Defendants-Appellees: Braidwood Management V. Eeoc, Suzette Malveaux
Scholarly Articles
Amici are law professors with expertise in the requirements for class certification under Rule 23 of the Federal Rules of Civil Procedure. Amici have written extensively about class action litigation, including the use of class actions in civil rights cases seeking declaratory or injunctive relief. Together, we share an interest in ensuring that the Federal Rules of Civil Procedure continue to be construed so as to ensure the “just, speedy and inexpensive determination of every action and proceeding.” FED. R. CIV. P. 1.
Table Of Contents,
2022
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Foreword,
2022
Seattle University School of Law
Legal And Market Initiatives To Increase Diversity In Corporations—A Cross-Jurisdictional Analysis,
2022
Seattle University School of Law
Legal And Market Initiatives To Increase Diversity In Corporations—A Cross-Jurisdictional Analysis, Akshaya Kamalnath
Seattle University Law Review
This Article will critically examine various legal and market initiatives to increase diversity in corporations, with the aim of assessing their effectiveness. The initiatives explored in this Article include quota laws in Europe (including recent amendments in France and Germany which introduce quotas for executive director positions) and California; disclosure laws in the U.S., Nasdaq, and U.K.; and initiatives by institutional investors. The main argument this Article makes is that both quotas and quantitative disclosures do not provide the right incentives for corporations to make genuine efforts to improve diversity. The alternative this Article proposes is not to simply leave …
The Justiciability Of Cancelled Patents,
2022
Chicago-Kent College of Law
The Justiciability Of Cancelled Patents, Greg Reilly
Washington and Lee Law Review
The recent expansion of the Patent Office’s power to invalidate issued patents raises a coordination problem when there is concurrent litigation, particularly where the federal courts have already upheld the patent’s validity. The Federal Circuit has concluded that Patent Office cancellation extinguishes litigation pending at any stage and requires vacating prior decisions in the case. This rule is widely criticized on doctrinal, policy, and separation of powers grounds. Yet the Federal Circuit has reached (almost) the right outcome, except for the wrong reasons. Both the Federal Circuit and its critics overlook that the Federal Circuit’s rule reflects a straightforward application …
Massachusetts V. Epa: A Pyrrhic Victory For Climate Change Litigation,
2022
University of Kentucky
Massachusetts V. Epa: A Pyrrhic Victory For Climate Change Litigation, Andrew J. Biggs
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Driving Diverse Representation Of Diverse Classes,
2022
University of Michigan Law School
Driving Diverse Representation Of Diverse Classes, Alissa Del Riego
University of Michigan Journal of Law Reform
Why have federal courts overwhelmingly appointed white men to represent diverse consumer classes? Rule 23(g) of the Federal Rules of Civil Procedure requires courts to appoint the attorneys “best able to represent the interests of class members” to serve as class counsel. But courts’ recurrent conclusion that white men best fit the federally mandated job description not only gives the appearance of discrimination, but harms class members that suffer from outcomes plagued by groupthink and cognitive biases. This Article sets out to uncover why white male repeat players continue to dominate class counsel appointments and proposes a practical and immediately …
Brief Of Black Women Law Scholars As Amici Curiae In Support Of Respondents, Students For Fair Admissions, Inc. V. President And Fellows Of Harvard College And Univ. Of N.C.,
2022
Washington and Lee University School of Law
Brief Of Black Women Law Scholars As Amici Curiae In Support Of Respondents, Students For Fair Admissions, Inc. V. President And Fellows Of Harvard College And Univ. Of N.C., Suzette Malveaux
Scholarly Articles
Amici are Black women law scholars who, based on their professional and personal experiences, share a deeply rooted commitment to defending the legality of race-conscious admissions policies in educational institutions across the country. They submit this brief to present their unique and vital perspective on the history, constitutionality, and importance of race-conscious programs like those adopted by Harvard University and the University of North Carolina (“UNC”).
Masthead,
2022
Suffolk University
Masthead, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Sacrificing Justice For “Simplicity”: Inequitable Protection Of Medical Providers In Malpractice Cases Exacerbated By Abandoning The Substantial Factor Test,
2022
Suffolk University Law School
Sacrificing Justice For “Simplicity”: Inequitable Protection Of Medical Providers In Malpractice Cases Exacerbated By Abandoning The Substantial Factor Test, Michayla Woodward
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law—Strengthening Schools’ Ability To Combat Cyberbullying In Denying Students’ First Amendment Challenge—Doe V. Hopkinton Pub. Schs., 19 F.4th 493 (1st Cir. 2021),
2022
Suffolk University Law School
Constitutional Law—Strengthening Schools’ Ability To Combat Cyberbullying In Denying Students’ First Amendment Challenge—Doe V. Hopkinton Pub. Schs., 19 F.4th 493 (1st Cir. 2021), Rebecca Brownell
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
