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6,896 full-text articles. Page 77 of 176.

Procedural Self-Inflicted Wounds?, Joshua P. Davis, Brian J. Devine 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, Robert G. Bone 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, Gerson H. Smoger 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?, Michael Frakes, Melissa F. Wasserman 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, Margaret H. Lemos 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, 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 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, Suzette M. Malveaux 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, Reed C. Trechter 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, JTAA Editors 2020 Suffolk University

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Table Of Contents, JTAA Editors 2020 Suffolk University

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Editor's Note, Nick McLaughlin 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, Jane K. Innis 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, Helen Yuxuan Huang 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], Jessica A. Mehaylo 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, John J. Ensminger, Sherri Minhinnick, James Lawrence Thomas, Itiel E. Dror 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), Sierra Lovely 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), Stephen R. Harris 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, C. J. Williams 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, Thomas Stirrat 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, Cairin M. Fay 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.


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