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.
Devalued Liberty And Undue Deference: The Tort Of False Imprisonment And The Law Of Solitary Confinement,
2018
Allard School of Law at the University of British Columbia
Devalued Liberty And Undue Deference: The Tort Of False Imprisonment And The Law Of Solitary Confinement, Efrat Arbel
All Faculty Publications
Despite numerous calls for reform and restraint, solitary confinement continues to be both misused and overused in Canadian prisons. This paper charts a path through which to address such misuse, but analyzing solitary confinement through the tort of false imprisonment. This analysis is new: while some scholars have examined how other branches of tort law can address harms caused by solitary confinement, none have examined the application of this tort. I argue that the tort of false imprisonment provides segregated prisoners with an effective means through which to seek compensation for individual harm. As an intentional tort that is actionable …
Formalizing Chapter 9'S Experts,
2018
Arizona State University Sandra Day O'Connor College of Law
Formalizing Chapter 9'S Experts, Laura N. Coordes
Michigan Law Review
Chapter 9 of the U.S. Bankruptcy Code has many shortcomings. One of the most persistent, yet understudied, problems judges face in chapter 9 is also a problem that exists in other areas of bankruptcy law: the sheer difficulty of applying generalized plan confirmation standards to wildly different, highly specialized entities. In practice, judges have turned to experts—individuals well versed in municipal finance, mediation, and the particular debtor com-munity—to help overcome this problem in chapter 9. These experts often per-form critical roles in a municipal bankruptcy case, including conducting mediations, investigating the municipality’s finances, and even helping to craft the municipality’s …
Neither Limited Nor Simplified: A Proposal For Reform Of Illinois Supreme Court Rule 222(B),
2018
University of Michigan Law School
Neither Limited Nor Simplified: A Proposal For Reform Of Illinois Supreme Court Rule 222(B), Michael S. Smith
Michigan Law Review
A limited and simplified discovery system should broaden access to courts, resolve disputes quickly, and expedite relief to injured parties. It should not incentivize procedural gamesmanship or increase the system’s complexity. Regrettably, Illinois’s “limited and simplified” discovery system does both. The initiation procedure for the simplified system, Rule 222(b), creates procedural traps and perverse incentives for both plaintiffs and defendants, and conflicting appellate interpretations of the Rule intensify the problem. This Note examines the flaws underlying the current simplified discovery scheme and argues for reform. It examines simplified discovery schemes in other states to recommend a new system for initiating …
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 …
In Re Trulia: Revisited And Revitalized,
2018
University of Richmond School of Law
In Re Trulia: Revisited And Revitalized, Emma Weiss
University of Richmond Law Review
No abstract provided.
Promoting Executive Accountability Through Qui Tam Legislation,
2018
University of Georgia School of Law
Promoting Executive Accountability Through Qui Tam Legislation, Randy Beck
Scholarly Works
For hundreds of years prior to ratification of the U.S. Constitution, Anglo-American legislatures used qui tam legislation to enforce legal constraints on government officials. A qui tam statute allows a private informer to collect a statutory fine for illegal conduct, even if the informer lacks the particularized injury normally required for Article III standing. This essay explores whether qui tam regulation should be revived as a means of ensuring executive branch legal accountability."
