One Should Not Pay For All - Drug Quantity Triggering Mandatory Minimums Should Be Individualized In Conspiracy Sentencing,
2020
Suffolk University Law School
One Should Not Pay For All - Drug Quantity Triggering Mandatory Minimums Should Be Individualized In Conspiracy Sentencing, Hunter R. Wildrick
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Circuit Split On Constitutionality Of Public Carry Statutes: Why The Supreme Court Should Hold That States And Municipalities Know Best,
2020
Suffolk University Law School
Circuit Split On Constitutionality Of Public Carry Statutes: Why The Supreme Court Should Hold That States And Municipalities Know Best, Nick Mclaughlin
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Promise Amid Peril: Prea's Efforts To Regulate An End To Prison Rape,
2020
American University Washington College of Law
Promise Amid Peril: Prea's Efforts To Regulate An End To Prison Rape, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This Article discusses the modest aspirations of the Prison Rape Elimination Act (“PREA”) that passed unanimously in the United States Congress in 2003. The Article posits that PREA created opportunities for holding correctional authorities accountable by creating a baseline for safety and setting more transparent expectations for agencies’ practices for protecting prisoners from sexual abuse. Additionally, the Article posits that PREA enhanced the evolving standards of decency for the Eighth Amendment and articulated clear expectations of correctional authorities to provide sexual safety for people in custody.
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving,
2020
Touro Law Center
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan
Touro Law Review
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.
Internet Jurisdiction: Using Content Delivery Networks To Ascertain Intention,
2020
Columbia Law School
Internet Jurisdiction: Using Content Delivery Networks To Ascertain Intention, Patrick Lin
LL.M. Essays & Theses
Specific jurisdiction in civil litigation centers on the rather general,yet immutable, concept of intention. Although the word “intention” does not surface prominently in the personal jurisdiction case law, it is clearly intrinsic to the concept of “purposeful availment”. On the Internet, however, intention is hard to ascertain: how does a court, for example, determine whether the defendant intended that its website, application, or advertisement within a mobile application should end up in the forum state? In answering such a question, courts have historically used one of two approaches to establish intent: (i) a targeting test or (ii) a degree of …
Towards An Analyses Of The Mega-Politics Jurisprudence Of The Ecowas Community Court Of Justice,
2020
Dalhousie University Schulich School of Law
Towards An Analyses Of The Mega-Politics Jurisprudence Of The Ecowas Community Court Of Justice, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The judicialization of mega-political disputes before the ECOWAS Community Court is understudied. The ECOWAS Community Court lacks express mandate to adjudicate over political disputes. Despite this limitation, the court has been innovative in assuming jurisdiction over mega-political disputes where they are intertwined with potential or actual human rights violation. The Ugokwe Doctrine, enunciated in the case of, Dr. Jerry Ugokwe v. The Federal Republic of Nigeria and Dr. Christian Okeke, provides the precedential ‘cause of action’ for the judicialization of mega-political disputes before the ECOWAS Community Court. This chapter addresses this new body of jurisprudence by critically analyzing judicialized political …
Preface,
2020
Lewis & Clark Law School
Preface, Jennie Lee Anderson
Lewis & Clark Law Review
On November 1–2, 2019, the Pound Civil Justice Institute and Lewis & Clark Law School together presented a unique academic symposium, addressing “Class Actions, Mass Torts, and MDLS: The Next 50 Years.” This symposium brought together distinguished legal academics, judges, and practitioners to consider the present status of class actions, mass torts, and multidistrict litigation in the United States, as well as possible future developments.
Foreword,
2020
Lewis & Clark Law School
Foreword, Robert Klonoff
Lewis & Clark Law Review
This Symposium is entitled, “Class Actions, Mass Torts, and MDLs: The Next 50 Years.” It consists of a collection of articles by leading scholars and practitioners. All of the articles were presented at a live conference—co-sponsored by the Pound Civil Justice Institute—held at Lewis & Clark Law School on November 1 and 2, 2019.
Layers Of Lawyers: Parsing The Complexities Of Claimant Representation In Mass Tort Mdls,
2020
University of Texas School of Law
Layers Of Lawyers: Parsing The Complexities Of Claimant Representation In Mass Tort Mdls, Lynn A. Baker, Stephen J. Herman
Lewis & Clark Law Review
The individual plaintiff in an MDL is subject to the efforts and decisions of numerous different attorneys, including many whom the plaintiff did not choose but who stand to share in any fees resulting from the plaintiff’s case. Which lawyers effectively represent the MDL plaintiff, at what point(s) in time, for what purpose(s), and with what obligations and potential liability to that plaintiff? What obligations and potential liability do the MDL leadership attorneys have to their own individually retained clients and other litigants in the MDL, and how should these attorneys handle any perceived conflicts in their obligations to the …
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.
What Is A Fair Price For Objector Blackmail? Class Action Objectors And The 2018 Amendments To Rule 23,
2020
University of Alabama School of Law
What Is A Fair Price For Objector Blackmail? Class Action Objectors And The 2018 Amendments To Rule 23, Elizabeth J. Cabraser, Adam N. Steinman
Lewis & Clark Law Review
As part of a symposium addressing what the next 50 years might hold for class actions, mass torts, and MDLs, this Article examines a recent amendment to Rule 23 that offers a new solution to the persistent problem of strategic objections. Most significantly, Rule 23 now requires the district judge to approve any payments made to class members in exchange for withdrawing or forgoing challenges to a class action settlement. Although the new provision is still in its infancy, it has already been deployed to thwart improper objector behavior and to bring for-pay objection practice out of the shadows. The …
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 …
Symposium Interview On Aggregate Litigation,
2020
New York University School of Law
Symposium Interview On Aggregate Litigation, Arthur R. Miller, Robert Klonoff
Lewis & Clark Law Review
Professor Arthur R. Miller joined Professor Robert Klonoff for a Q&A session at Lewis & Clark Law School.
Rico Extraterritoriality, Rjr Nabisco And Shareholder Residence – A Key Consideration In Determining Rico Domestic Injury,
2020
Touro University Jacob D. Fuchsberg Law Center
Rico Extraterritoriality, Rjr Nabisco And Shareholder Residence – A Key Consideration In Determining Rico Domestic Injury, Laurence A. Steckman, Esq., Adam J. Rader, Esq.
Touro Law Review
No abstract provided.
Judicial Adjuncts In Multidistrict Litigation,
2020
University of Georgia School of Law
Judicial Adjuncts In Multidistrict Litigation, Elizabeth Chamblee Burch, Margaret S. Williams
Scholarly Works
Peeking under the tent of our nation's largest and often most impactful cases reveals that judges often act like ringmasters: They delegate their authority to a wide array of magistrate judges, special masters, and settlement administrators. Some, like the American Bar Association, see this as a plus that promotes efficiency and cost savings. Critics, however, contend that delegating judicial power especially to private citizens, removes adjudication from public scrutiny, injects thorny ethical questions about ex parte communications, and risks cronyism and high costs. By constructing an original dataset of ninety-two multidistrict products liability proceedings centralized over fourteen years, we introduce …
The Shadow Judiciary,
2020
Georgia Institute of Technology
The Shadow Judiciary, Charlotte S. Alexander, Nathan Dahlberg, Anne M. Tucker
Scholarly Works
Magistrate judges function as a shadow judiciary, assisting U.S. district court judges-and sometimes standing in their shoes-in managing caseloads, resolving disputes, making law, and choosing winners and losers. Yet we lack basic knowledge about magistrates themselves, the rules that govern their activity, and the ways in which they execute their duties. To fill those gaps, this Article offers a detailed typology of the district-level local rules and standing orders that govern magistrate operations in civil cases. It also describes a case study of ten years of magistrate practice in a single federal district court, the U.S. District Court for the …
Better By The Dozen: Bringing Back The Twelve-Person Civil Jury,
2020
University of Oklahoma Norman Campus
Better By The Dozen: Bringing Back The Twelve-Person Civil Jury, Steven Gensler, Lee Rosenthal, Patrick Higginbotham
Other Faculty Publications
A jury of 12 resonates through the centuries. Twelve-person juries were a fixture from at least the 14th century until the 1970s. Over 600 years of history is a powerful endorsement. So too are the many social-science studies consistently showing that a 12-person jury makes for a better deliberative process, with more predictable (and fewer outlier) results, by a more diverse group that is a more representative cross-section of the community. And yet, most federal judges today routinely seat civil juries without the full complement of 12 members. Why? Because in 1973 the United States Supreme Court said it was …
Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention,
2020
Loyola Marymount University and Loyola Law School
Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention, Stuart Ford
Loyola of Los Angeles International and Comparative Law Review
Despite significant optimism about the future of the International Criminal Court (“ICC”) during its early years, recently there has been growing criticism of it by both scholars and governments. As a result, there appears to be more doubt about the ICC’s ability to succeed now than at any other point in its history. So, are the critics correct? Is the ICC failing? No. This Article argues that, not only can the ICC succeed, there is strong evidence that it is already succeeding. It analyzes several recent empirical articles that have convincingly demonstrated that the ICC prevents serious violations of international …
