Front Matter,
2022
Suffolk University
Front Matter, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Masthead,
2022
Suffolk University
Masthead, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Criminal Procedure—Night At The Museum: The Balance Between Learning From History And Maintaining The Secrecy Surrounding Grand Jury Proceedings—Lepore V. United States (In Re Order Directing Release Of Recs.), 27 F.4th 94 (1st Cir. 2022),
2022
Suffolk University Law School
Criminal Procedure—Night At The Museum: The Balance Between Learning From History And Maintaining The Secrecy Surrounding Grand Jury Proceedings—Lepore V. United States (In Re Order Directing Release Of Recs.), 27 F.4th 94 (1st Cir. 2022), Jessica Vedrani
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Civil Procedure—The Need For Effect-Based Personal Jurisdiction In Trademark Litigation—Motus, Llc V. Cardata Consultants, Llc, 23 F.4th 115 (1st Cir. 2022),
2022
Suffolk University Law School
Civil Procedure—The Need For Effect-Based Personal Jurisdiction In Trademark Litigation—Motus, Llc V. Cardata Consultants, Llc, 23 F.4th 115 (1st Cir. 2022), Ian Mcreynolds
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Education Law—A Child Left Behind: Exploring Failures In Effective Iep Implementation—Lamar Consol. Indep. Sch. Dist. V. J.T., 577 F. Supp. 3d 599 (S.D. Tex. 2021),
2022
Suffolk University Law School
Education Law—A Child Left Behind: Exploring Failures In Effective Iep Implementation—Lamar Consol. Indep. Sch. Dist. V. J.T., 577 F. Supp. 3d 599 (S.D. Tex. 2021), Katie Groves
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law—Protecting Post-Dobbs Abortion-Seeking Minors In A Judicial Bypass System—Doe Ex Rel. Rothert V. Chapman, 30 F.4th 766 (8th Cir. 2022),
2022
Suffolk University Law School
Constitutional Law—Protecting Post-Dobbs Abortion-Seeking Minors In A Judicial Bypass System—Doe Ex Rel. Rothert V. Chapman, 30 F.4th 766 (8th Cir. 2022), Meaghan Rose Costello
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Mapping The Civil Justice Gap In Federal Court,
2022
University of Oklahoma College of Law
Mapping The Civil Justice Gap In Federal Court, Roger Michalski, Andrew Hammond
Faculty Articles
Unrepresented litigants make up a sizable and normatively important chunk of civil litigation in the federal courts. Despite their importance, we still know little about who these pro se litigants are. Debates about pro se litigation take place without sufficient empirical information. To help fill some of the gaps in our understanding of pro se litigants, this Article takes a new approach by mapping where pro se litigants live. Using a massive data set of 2.5 million federal dockets from a ten-year period, we obtained addresses of non-prisoner pro se litigants. We then geolocated these addresses and cross-referenced that information …
The Negative Impact Of Service Member And Veteran Post Traumatic Stress Disorder (Ptsd) Rating Or Specter Of Ptsd On Child Custody Arrangements,
2022
Catholic University of America (Student)
The Negative Impact Of Service Member And Veteran Post Traumatic Stress Disorder (Ptsd) Rating Or Specter Of Ptsd On Child Custody Arrangements, Erhan Bedestani
Catholic University Journal of Law and Technology
No abstract provided.
The Spirit Of The Law In The Anthropocene: A Massachusetts V. Environmental Protection Agency Casenote,
2022
Coastal Carolina University
The Spirit Of The Law In The Anthropocene: A Massachusetts V. Environmental Protection Agency Casenote, Victoria Depalma
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Excessive Fee Litigation In Light Of Hughes V. Northwestern University,
2022
University of Kentucky
Excessive Fee Litigation In Light Of Hughes V. Northwestern University, Kathryn L. Moore
Law Faculty Books and Chapters
On September 11, 2006, Jerry Schlichter, a personal injury lawyer from St. Louis, Missouri, rocked the 401(k) plan market by filing a flurry of lawsuits against major corporations alleging that their 401(k) plans were paying excessive fees for plan administration and asset management that harmed employees in violation of their fiduciary duties under ERISA. Between 2006 and 2007, 31 excessive fee suits were filed by Schlichter and other firms. Following several large settlements, including a $62 million settlement by Lockheed Martin, a second wave of excessive fee litigation began in 2015 with more than 50 suits filed in both 2016 …
Koback V. Municipal Employees’ Retirement System Of R.I., 252 A.3d 1247 (R.I. 2021),
2022
Candidate for Juris Doctor, Roger Williams University School of Law
Koback V. Municipal Employees’ Retirement System Of R.I., 252 A.3d 1247 (R.I. 2021), Morgan E. Hedly
Roger Williams University Law Review
No abstract provided.
The Finality Of Unmodified Appellate Commissioner Rulings In Washington State,
2022
University of Washington School of Law
The Finality Of Unmodified Appellate Commissioner Rulings In Washington State, Aurora R. Bearse
Washington Law Review Online
In Washington appellate courts, unelected court commissioners handle most of the motion practice. Some motions are minor and mostly procedural, but other motions touch on the scope of the appeal or its merits. Because commissioners have the power to shape the course of an appeal, the Washington Rules of Appellate Procedure allow parties to internally appeal any commissioner decision to a panel of elected judges, via what is called a “motion to modify” under RAP 17.7. If a panel modifies a commissioner’s ruling, the panel’s decision becomes the final decision of the court on that issue. Similarly, multiple opinions recognize …
Patent Inconsistency,
2022
Texas A&M University School of Law
Patent Inconsistency, Saurabh Vishnubhakat
Indiana Law Journal
Despite the promise of efficiency through the use of expert agency adjudication in U.S. patent law, administrative substitution continues to fall short. In a variety of ways, the decade-old system of Patent Office adjudication is simply an additional place to litigate rather than the robust technocratic alternative it was meant to be. These problems have arisen from important defects in the statutory design, but also from the enormous expansion and ascendancy of the Patent Office itself. Moreover, while duplicative litigation over patent validity is recognized and criticized, its scale and scope has eluded detailed empirical analysis until now. This Article …
"On The Eve Of Destruction": Courts Confronting The Climate Emergency,
2022
University of Oregon
"On The Eve Of Destruction": Courts Confronting The Climate Emergency, Mary Christina Wood
Indiana Law Journal
In the dim and smokey twilight, with only bare necessities in tow, a family rushes to escape the wildfire racing toward them. Elsewhere, a household evacuates just ahead of a category five hurricane, perhaps not for the first time. Along the coastlines, countless others are resigned to looking on as their homesites erode into the inexorably rising surf. At this moment, millions of Americans are forced to reckon with the horrors of the climate catastrophe, and the number of such people who now viscerally grasp our grim climate reality grows every day. Even the judges of this nation prove no …
Creativity For The Common Good: The Case For Fair Use Of Prosthetics Patents,
2022
Seattle University School of Law
Creativity For The Common Good: The Case For Fair Use Of Prosthetics Patents, Roxanneh Mousavi
Seattle University Law Review
This Note examines how patent law inhibits accessibility to prosthetics, and how a fair use defense for patent infringement will make them more widely accessible. Part I will explain the basics of patent law, including its history, scope, and process of infringement. Part II will discuss the fair use defense against copyright and trademark infringement and explain why this defense should also be enforceable for patent infringement. Part III will provide an overview of 3D printing. Part IV will focus on 3D prosthetics, specifically on the story of two young prosthetic recipients, Griffin Matuszek and Evie Lambert. Finally, Part V …
Public Safety Concerns And Meeting The Dudenhoeffer Pleading Standard,
2022
Southern Methodist University, Dedman School of Law
Public Safety Concerns And Meeting The Dudenhoeffer Pleading Standard, Douglass G. Brown
Journal of Air Law and Commerce
This Comment analyzes the recent Employee Retirement Income Security Act (ERISA) stock drop cases against The Boeing Company (Boeing) and reviews the underlying pleading standard in these cases that the Supreme Court set forth in Fifth Third Bancorp v. Dudenhoeffer. With the tremendous amount of assets in retirement plans—and specifically in employee stock ownership plans—litigation under ERISA can be extremely costly to employers, especially those in the airline industry that offer these plans. The current pleading standard for stock drop cases has become a practically insurmountable barrier to plaintiffs, even when their employers know they are negligently creating products …
Playing The Game Of International Law,
2022
Touro University Jacob D. Fuchsberg Law Center
Playing The Game Of International Law, Uri Weiss, Joseph Agassi
Touro Law Review
In the realist game of international negotiations, each state attempts to promote their interest regardless of international law. Thus, it is negotiations in the shadow of the sword, i.e., a negotiation in which each side knows that if the parties will not achieve an agreement, the alternative may be a war, and thus the bargaining position of each party is a function of their capacities in a case of war. Negotiation in the shadow of international law is an alternative to it: in this alternative the parties negotiate according to their international legal rights. It reduces injustice and incentive to …
Federal Courts’ Recalcitrance In Refusing To Certify State Law Covid-19 Business Interruption Insurance Issues,
2022
Penn State Law
Federal Courts’ Recalcitrance In Refusing To Certify State Law Covid-19 Business Interruption Insurance Issues, Christopher French
Faculty Scholarship
Over 2,000 COVID-19 business interruption insurance cases have been filed in state and federal courts the past two years with most of the cases filed in or removed to federal courts. The cases are governed by state law. Rather than certify the novel state law issues presented in the cases to the respective state supreme courts that ultimately will determine the law applicable in the cases, each of the eight federal circuit courts to issue decisions on the merits in such cases to date has done so by making an Erie guess regarding how the controlling state supreme courts would …
How Do Lawyer Disciplinary Agencies Enforce Rules Against Litigation Misconduct? Or Do They? Results Of A Case Study And A National Survey Of Disciplinary Counsel,
2022
Suffolk University Law School
How Do Lawyer Disciplinary Agencies Enforce Rules Against Litigation Misconduct? Or Do They? Results Of A Case Study And A National Survey Of Disciplinary Counsel, Jona Goldschmidt
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Criminal Procedure—Fugitive Disentitlement Ruling Allows Interlocutory Appeals In Second Circuit Under Collateral Order Doctrine—United States V. Bescond, 7 F.4th 127 (2d Cir. 2021),
2022
Suffolk University Law School
Criminal Procedure—Fugitive Disentitlement Ruling Allows Interlocutory Appeals In Second Circuit Under Collateral Order Doctrine—United States V. Bescond, 7 F.4th 127 (2d Cir. 2021), Ian Luciano
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
