Procedural Self-Inflicted Wounds?,
2020
University of San Francisco School of Law
Procedural Self-Inflicted Wounds?, Joshua P. Davis, Brian J. Devine
Lewis & Clark Law Review
A proposal has recently come before the Federal Civil Rules Advisory Commit- tee to expand the ability of parties in multidistrict litigation to seek immediate interlocutory appellate review. This Essay suggests that the proposal is unwise as a matter of policy. It would make MDL litigation more expensive and less efficient. Counterintuitively, it may even harm the very large corporations who are championing the change. This Essay explains why that might occur—why large corporate defendants may pursue legal innovations that harm them—a possibility with implications well beyond interlocutory appellate review.
In Defense Of The Cy-Pres-Only Class Action,
2020
The University of Texas at Austin School of Law
In Defense Of The Cy-Pres-Only Class Action, Robert G. Bone
Lewis & Clark Law Review
Cy pres is frequently used to dispose of class action settlement funds, yet it is one of the most controversial aspects of class action practice. Perhaps the most contested use of cy pres is what I call the “cy-pres-only class action”: a settlement class action in which the judge certifies a class and approves a settlement that expressly provides for a third-party charity to receive all the settlement funds. In these cases, the judge exercises her judicial power to enable a lawsuit that compensates a third party who does not have legal rights at stake and does so without providing …
The Importance Of Cy Pres In Modern Class Action Jurisprudence And Myths Concerning Its Use,
2020
Lewis & Clark Law School
The Importance Of Cy Pres In Modern Class Action Jurisprudence And Myths Concerning Its Use, Gerson H. Smoger
Lewis & Clark Law Review
When class actions resolve, it is common for some or even all funds paid to the class to remain undistributed. All U.S. circuits, 40 states, and the Class Action Fairness Act have permitted undistributed funds to be distributed as cy pres. Recently, a few commentators have voiced constitutional objections to cy pres, based upon standing pursuant to Article III, the Rules Enabling Act, and the First Amendment. However, these analyses generally ignore the congressional mandate found within Rule 23 and the power of the courts to supervise cy pres distribution. Finally, the following recommendations are made: such awards should not …
Do Patent Law Suits Target Invalid Patents?,
2020
Duke Law School
Do Patent Law Suits Target Invalid Patents?, Michael Frakes, Melissa F. Wasserman
Faculty Scholarship
One objective of the patent litigation system is to screen meritorious from non-meritorious patents and invalidate the latter. While much of this screening may occur at trial, some amount of targeting may take place at the time of the filing of the suit itself. In this chapter, we assess the targeting efficiency of the patent litigation system at this earlier filing stage. Should the system indeed screen at this stage, one would predict a higher likelihood of patent lawsuits among a set of patents with weaker underlying validity relative to a set of patents with stronger underlying validity. In prior …
Foreword: State Enforcement In An Interstate World,
2020
Duke Law School
Foreword: State Enforcement In An Interstate World, Margaret H. Lemos
Faculty Scholarship
“State Enforcement in an Interstate World” is an important topic—fully deserving of all the attention it has received. Past commentators on this topic have generally treated the federal government as a unitary entity. Building on prior work on the subject, this Article explores the polycentric nature of federal regulatory authority and shows how cooperation and rivalry have long been dominant realities of the modern administrative state. The Article discusses how these dynamics complicate analysis of state enforcement in an interstate world and identifies strategies for reducing the frequency and magnitude of the seemingly inevitable conflicts.
Global Investor Protection: Securities Law Enforcement Around The World,
2020
Fordham University School of Law
Global Investor Protection: Securities Law Enforcement Around The World, Matthew Diller, Martin Gelter, Eugenio J. Cardenas, Merritt B. Fox, Geoffrey Jarvis, Pierre-Henri Conac, Todd Cosenza, Jill Fisch, Yuliya Guseva, Elad Roisman, Sean Griffith
Fordham Journal of Corporate & Financial Law
No abstract provided.
Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement,
2020
University of Colorado Law School
Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux
Publications
No abstract provided.
New Prime Inc. V. Oliveira: Putting The Wheels Back On The Faa’S Section 1 Exemption For Transportation Workers,
2020
University of Oklahoma College of Law
New Prime Inc. V. Oliveira: Putting The Wheels Back On The Faa’S Section 1 Exemption For Transportation Workers, Reed C. Trechter
Oklahoma Law Review
No abstract provided.
Front Matter,
2020
Suffolk University
Front Matter, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Table Of Contents,
2020
Suffolk University
Table Of Contents, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Editor's Note,
2020
Suffolk University Law School
Editor's Note, Nick Mclaughlin
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Not Tested On Animals: The Future Of Cosmetic Animal Testing In The U.S. And Beyond,
2020
Suffolk University Law School
Not Tested On Animals: The Future Of Cosmetic Animal Testing In The U.S. And Beyond, Jane K. Innis
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Massachusetts Noncompetition Agreement Act: A Rose Of A Different Color,
2020
Suffolk University Law School
Massachusetts Noncompetition Agreement Act: A Rose Of A Different Color, Helen Yuxuan Huang
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
More Tariffs, More Protection[Ism],
2020
Suffolk University Law School
More Tariffs, More Protection[Ism], Jessica A. Mehaylo
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Use And Abuse Of Dogs In The Witness Box,
2020
Suffolk University Law School
The Use And Abuse Of Dogs In The Witness Box, John J. Ensminger, Sherri Minhinnick, James Lawrence Thomas, Itiel E. Dror
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law - Eighty-Six The Sixth Amendment: The Sixth Amendment Right To Counsel Applies To Pre-Indictment Plea Negotiations Too - Turner V. United States, 885 F.3d 949 (6th Cir. 2018)(En Banc),
2020
Suffolk University Law School
Constitutional Law - Eighty-Six The Sixth Amendment: The Sixth Amendment Right To Counsel Applies To Pre-Indictment Plea Negotiations Too - Turner V. United States, 885 F.3d 949 (6th Cir. 2018)(En Banc), Sierra Lovely
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law - America's Drone War Abroad - Jaber V. United States, 861 F.3d 241 (D.C. Cir. 2017),
2020
Suffolk University Law School
Constitutional Law - America's Drone War Abroad - Jaber V. United States, 861 F.3d 241 (D.C. Cir. 2017), Stephen R. Harris
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Advocating Altering Advocacy Academics: A Proposal To Change The Pedagogical Approach To Legal Advocacy,
2020
Suffolk University Law School
Advocating Altering Advocacy Academics: A Proposal To Change The Pedagogical Approach To Legal Advocacy, C. J. Williams
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Raising The Bar: New Wave Of Climate Tort Litigation Blocks State And Local Governments Seeking Relief From Effects Of Climate Change In Federal Court,
2020
Suffolk University Law School
Raising The Bar: New Wave Of Climate Tort Litigation Blocks State And Local Governments Seeking Relief From Effects Of Climate Change In Federal Court, Thomas Stirrat
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Equal - But Not For Everyone - Protection? Disparate Transgender Rights In Prisons Across The U.S. And The Subsequent Effect On Mental Health,
2020
Suffolk University Law School
Equal - But Not For Everyone - Protection? Disparate Transgender Rights In Prisons Across The U.S. And The Subsequent Effect On Mental Health, Cairin M. Fay
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
