Table Of Contents,
2018
Suffolk University
Table Of Contents, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Masthead,
2018
Suffolk University
Masthead, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Editor's Note,
2018
Suffolk University Law School
Editor's Note, Brooke J. Mcneill
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Resisting Separation: A New Approach To Protecting The Unique Rights Of U.S.-Born Minor Children Whose Parents Face Deportation,
2018
Suffolk University Law School
Resisting Separation: A New Approach To Protecting The Unique Rights Of U.S.-Born Minor Children Whose Parents Face Deportation, Julie Martin
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Forty Years After Enactment, Is The Foreign Corrupt Practices Act Necessary Legislation Or Global Overreach,
2018
Suffolk University Law School
Forty Years After Enactment, Is The Foreign Corrupt Practices Act Necessary Legislation Or Global Overreach, Christopher J. Schlauch
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law - The Sixth Sense: Exorcising The Specter Of Past Injustices - Pena-Rodriguez V. Colorado, 137 S. Ct. 855 (2017),
2018
Suffolk University Law School
Constitutional Law - The Sixth Sense: Exorcising The Specter Of Past Injustices - Pena-Rodriguez V. Colorado, 137 S. Ct. 855 (2017), Gina L. Fleury
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Criminal Law - Determining When, If Ever, Sex Offender Registration Applies To Juvenile Defendants - Commonwealth V. Samuel S., 69 N.E.3d 573 (Mass. 2017),
2018
Suffolk University Law School
Criminal Law - Determining When, If Ever, Sex Offender Registration Applies To Juvenile Defendants - Commonwealth V. Samuel S., 69 N.E.3d 573 (Mass. 2017), Jennifer M. Plummer
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Criminal Law - The Dissipation Of Reasonable Diligence - Commonwealth V. Rosario, 74 N.E. 3d 599 (Mass. 2017),
2018
Suffolk University Law School
Criminal Law - The Dissipation Of Reasonable Diligence - Commonwealth V. Rosario, 74 N.E. 3d 599 (Mass. 2017), Lauren C. Simard
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
How Strong Is Your American Blood,
2018
Suffolk University Law School
How Strong Is Your American Blood, Samantha Gallardo
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Data Breach Litigation & Evaluating Standing,
2018
Suffolk University Law School
Data Breach Litigation & Evaluating Standing, Brooke J. Mcneill
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
New Considerations Under The Eighth Amendment's Excessive Fines Clause When Determining Criminal Forfeiture,
2018
Suffolk University Law School
New Considerations Under The Eighth Amendment's Excessive Fines Clause When Determining Criminal Forfeiture, Gregoire Ucuz
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law/Criminal Procedure - Search And Seizures In Schools, Commonwealth V. Villagran, 81 N.E.3d 310 (Mass. 2017),
2018
Suffolk University Law School
Constitutional Law/Criminal Procedure - Search And Seizures In Schools, Commonwealth V. Villagran, 81 N.E.3d 310 (Mass. 2017), Brigid Bowser
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Juvenile Law - Extension Denied: Massachusetts Supreme Judicial Court Rules Juvenile Sentences With The Eligibility For Parole Constitutional - Commonwealth V. Bright, 974 N.E.2d 1092 (Mass. 2012), Aff'd, No. 14-P-546, 2016 Mass. App. Unpub. Lexis 379 (Mass. App. Ct. 2016),
2018
Suffolk University Law School
Juvenile Law - Extension Denied: Massachusetts Supreme Judicial Court Rules Juvenile Sentences With The Eligibility For Parole Constitutional - Commonwealth V. Bright, 974 N.E.2d 1092 (Mass. 2012), Aff'd, No. 14-P-546, 2016 Mass. App. Unpub. Lexis 379 (Mass. App. Ct. 2016), Dounia Chikhoune
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Constitutional Law - Double Jeopardy Will Not Bar Subsequent Prosecution Under Alternative Oui Theory - Commonwealth V. Hebb, 77 N.E.3d 308 (Mass. 2017),
2018
Suffolk University Law School
Constitutional Law - Double Jeopardy Will Not Bar Subsequent Prosecution Under Alternative Oui Theory - Commonwealth V. Hebb, 77 N.E.3d 308 (Mass. 2017), Kathryn Witham
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
A New Guard At The Courthouse Door: Corporate Personal Jurisdiction In Complex Litigation After The Supreme Court’S Decision Quartet,
2018
Duke Law School
A New Guard At The Courthouse Door: Corporate Personal Jurisdiction In Complex Litigation After The Supreme Court’S Decision Quartet, David W. Ichel
Faculty Scholarship
In a quartet of recent decisions, the Supreme Court substantially reshaped the analysis of due process limits for a state's exercise of personal jurisdiction over corporations for the first time since its groundbreaking 1945 decision in International Shoe Co. v. Washington. The Court's decision quartet recasts the International Shoe continuum of corporate contacts for which it would be "reasonable" for the state to exercise jurisdiction based on "traditional notions of fair play and substantial justice" into a more rigid bright-line dichotomy between "general" and "specific" jurisdiction: for a state to exercise general (or all-purpose) jurisdiction over any suit, regardless of …
"Innocence" And The Guilty Mind,
2018
Notre Dame Law School
"Innocence" And The Guilty Mind, Stephen F. Smith
Journal Articles
For decades, the “guilty mind” requirement in federal criminal law has been understood as precluding punishment for “morally blameless” (or “innocent”) conduct, the goal being to define the mental element in terms that will protect offenders from conviction unless they had adequate notice of the wrongfulness of their conduct. The Supreme Court’s recent decision in Elonis v. United States signals a significant shift in mens readoctrine, recognizing for the first time the potential for disproportionately severe punishment as a justification for heightened mens rea requirements. This long-overdue doctrinal move makes perfect sense because punishment without culpability and excessive punishment …
Scientific Trials--In The Laboratories, Not The Courts,
2018
University of Michigan Law School
Scientific Trials--In The Laboratories, Not The Courts, Nicholas Bagley, Aaron E. Carroll, Pieter A. Cohen
Articles
In 2015, one of us published a peer-reviewed study, together with colleagues at the University of California, San Francisco, replicating prior research from the US Food and Drug Administration (FDA) detecting a designer stimulant, β-methylphenylethylamine, in sports, weight loss, and “cognitive function” supplements sold in the United States. The confirmatory study prompted the FDA to take enforcement action against companies selling the stimulant as a dietary ingredient. One of the companies that received an FDA warning letter sued the study’s authors for $200 million in damages for libel, claiming, without supporting scientific evidence, that multiple statements in the article were …
Resolving The Crisis In U.S. Merger Regulation: A Transatlantic Alternative To The Perpetual Litigation Machine,
2018
Fordham University School of Law
Resolving The Crisis In U.S. Merger Regulation: A Transatlantic Alternative To The Perpetual Litigation Machine, Dan Awrey, Blanaid Clarke, Sean J. Griffith
Faculty Scholarship
Regulation by litigation has driven U.S. merger regulation to crisis. The reliance on private lawsuits to police disclosures and potential conflicts of interest in mergers, takeovers, and other control transactions has resulted in the filing of claims after every major transaction. However, it has failed to achieve meaningful benefits for shareholders and has instead deprived them of potentially valuable rights. Regulation by litigation has devolved into attorney rent-seeking, and the raft of substantive and procedural reforms aimed at resolving the crisis has failed. There is an alternative to regulation by litigation. Drawing upon the code and panel-based models of merger …
Qualified Immunity And Fault,
2018
University of Richmond
Qualified Immunity And Fault, John F. Preis
Law Faculty Publications
As a general rule, liability correlates with fault. That is, when the law declares a person liable, it is usually because the person is, in some sense, at fault. Similarly, when the law does not declare a person liable, it is usually because the person is not deemed to be at fault. There are exceptions, of course. A storekeeper who unwittingly sells a product that harms another may be held liable under the doctrine of strict liability, despite her blameless conduct. Similarly, a website owner who knowingly permits others to post defamatory statements on her website is not liable, despite …
The (Un)Changing Derivative Suit,
2018
University of Richmond - School of Law
The (Un)Changing Derivative Suit, Jessica M. Erickson
Law Faculty Publications
The past 25 years brought great upheaval in shareholder litigation. The Private Securities Litigation Reform Act of 1995 (“PSLRA”) upended securities class actions. As a result of this legislation, institutional investors now play a far more prominent role in these cases (Choi, et al. 2005), but also face procedural hurdles nearly unprecedented in our legal system (Erickson 2016). More recently, the number of merger class actions skyrocketed, as shareholders began to challenge nearly every significant merger or acquisition, often in multiple jurisdictions across the country (Sinha 2016). To curb these suits, courts announced increased scrutiny of settlements and invited companies …
