Table Of Contents, 2020 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
81818app手机版下载Table of Contents
The Search For Clarity In Attorney's Duty To Google, 2020 University of Pennsylvania Law School
The Search For Clarity In Attorney's Duty To Google, Michael Murphy
Faculty Scholarship at Penn Law
81818app手机版下载Attorneys have a professional duty to investigate relevant facts about the matters on which they work. There is no specific rule or statute requiring that an attorney perform an internet search as part of this investigation. Yet attorneys have been found by judges to violate a “Duty to Google” when they have failed to conduct an internet search for relevant information about, for example, a claim, their own client, and even potential jurors in a trial.
81818app手机版下载So much information is now available to attorneys so easily in electronic search results, it is time to wonder where, when, and how much ...
United States V. Lozoya: The Turbulence Of Establishing Venue For In-Flight Offenses, 2020 Texas A&M University School of Law
United States V. Lozoya: The Turbulence Of Establishing Venue For In-Flight Offenses, Daeja Pemberton
Texas A&M Law Review
The U.S. Constitution protects one’s right to a fair trial in a proper venue. Typically, venue is proper in whatever territorial jurisdiction a defendant commits an offense. But this rule is not as clear-cut when the offense takes place in a special jurisdiction, such as American airspace. A court must then determine whether the offense continued into the venue of arrival, making it proper under the Constitution. This issue was reexamined when Monique Lozoya assaulted another passenger on an airplane during a domestic flight. In United States v. Lozoya, the Ninth Circuit Court of Appeals failed to correctly ...
Flipping The Script On Brady, 2020 University of Wisconsin - Madison 81818app手机版下载
Flipping The Script On Brady, Ion Meyn
Indiana Law Journal
Brady v. Maryland imposes a disclosure obligation on the prosecutor and, for this
81818app手机版下载reason, is understood to burden the prosecutor. This Article asks whether Brady also
benefits the prosecutor, and if so, how and to what extent does it accomplish this?
81818app手机版下载This Article first considers Brady’s structural impact—how the case influenced
broader dynamics of litigation. Before Brady, legislative reform transformed civil
81818app手机版下载and criminal litigation by providing pretrial information to civil defendants but not
to criminal defendants. Did this disparate treatment comport with due process?
Brady arguably answered this question by brokering a compromise: in exchange for
81818app手机版下载imposing minor ...
In A Class Of Its Own: Bristol-Myers Squibb'S Worrisome Application To Class Actions, 2020 The University of Akron
In A Class Of Its Own: Bristol-Myers Squibb'S Worrisome Application To Class Actions, Grant Mcleod
Akron Law Review
81818app手机版下载The Supreme Court’s holding in Bristol-Myers Squibb Co. v. Superior Court has far-reaching implications for federally filed class actions. While the case concerned a mass action in the California state courts, the opinion contained strong dicta to suggest its principles of specific jurisdiction could be applied to federal class—an entirely different procedural tool with its own host of complexities and problems. In the three years following the decision, federal district courts are split on how to apply the Bristol-Myers Squibb analysis to class actions. A distinct category of courts have applied the analysis to dismiss absent class members ...
Virtual Pretrial Jurisdiction For Virtual Contacts, 2020 Brooklyn Law School 81818app手机版下载
Virtual Pretrial Jurisdiction For Virtual Contacts, Max D. Lovrin
Brooklyn Law Review
Personal jurisdiction is a threshold requirement for any civil court’s constitutional exercise of adjudicative authority over a defendant, and one of civil procedure’s most fundamental concepts. The Supreme Court is acutely aware of difficulties facing personal jurisdiction doctrine in an evolving world and the need for jurisprudential solutions to those problems. But recent inconsistent trends in Supreme Court personal jurisdiction jurisprudence have served to further complicate the doctrine. Such overcomplication often leads to unpredictability, which both increases expenses for litigants and creates additional work for the already overburdened federal civil docket. This problem is exacerbated when litigation arises ...
The Criminal, Regulatory, And Civil Issues Surrounding Intellectual Property And Cybersecurity, 2020 Brooklyn Law School
The Criminal, Regulatory, And Civil Issues Surrounding Intellectual Property And Cybersecurity, Ernest Edward Badway, Christie Mcguinness
Brooklyn Journal of Corporate, Financial & Commercial Law
Cyber-attacks have affected all organizations and individual consumers. Dissemination of relevant information and attention to strong information security practices is an important tool in fighting this cyber “pandemic.” Additionally, the legal and regulatory liability companies face from cyber-attacks as well as general strategies and practical solutions companies may implement to protect against cyber-intrusions and respond effectively in the event of an attack are considered. There are many iterations of cyber-crime, and we address the various methods cybercriminals use and the many ways cyber-attacks can take place, as well as the entities and victims affected. Moreover, the legal liability and regulatory ...
Certification Comes Of Age: Reflections On The Past, Present, And Future Of Cooperative Judicial Federalism, 2020 Circuit Judge, United States Court of Appeals for the Seventh Circuit; Professor of Law, Notre Dame Law School
Certification Comes Of Age: Reflections On The Past, Present, And Future Of Cooperative Judicial Federalism, Kenneth F. Ripple, Kari Anne Gallagher
Notre Dame Law Review
81818app手机版下载In 1995, the American Judicature Society (AJS) undertook a comprehensive survey of certification. This Article uses the AJS’s survey as a starting point to examine the development of certification over the past twenty-five years. Were the fears of its critics well founded, or have the federal and state judiciaries adapted to mitigate the shortcomings of certification? Has certification been a useful tool in allowing for development of state law by the state judiciary, or has it been an imposition on the judiciary of a coequal sovereign?
81818app手机版下载Beyond these questions, this Article also will look at how certification has expanded ...
Civil Procedure Update 2020: New Mexico Annual Judicial Conclave, 2020 University of New Mexico - School of Law
Civil Procedure Update 2020: New Mexico Annual Judicial Conclave, Verónica C. Gonzales-Zamora, George Bach
These materials are part of a presentation on civil procedure given to magistrate, district, appellate, and tribal court judges, justices, and staff attorneys in New Mexico courts. These materials include the language of approved and proposed amendments to the state and federal rules of civil procedure as well as summaries of relevant appellate cases issued by the New Mexico Supreme Court and Court of Appeals, the Supreme Court of the United States, and the Supreme Court of the Navajo Nation between May 1, 2019 to May 1, 2020.
- Amendments to the New Mexico Rules of Civil Procedure include NMRA Rule ...
Civil Procedure As A Critical Discussion, 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law
Civil Procedure As A Critical Discussion, Susan E. Provenzano, Brian N. Larson
Nevada Law Journal
81818app手机版下载No abstract provided.
A Unified Approach To Erie Analysis For Federal Statutes, Rules, And Common Law, 2020 University of California, Irvine School of Law
A Unified Approach To Erie Analysis For Federal Statutes, Rules, And Common Law, Allan Erbsen
UC Irvine Law Review
No abstract provided.
Extraterritoriality As Choice Of Law, 2020 Georgetown University Law Center 81818app手机版下载
Extraterritoriality As Choice Of Law, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
The proper treatment of provisions that specify the extraterritorial scope of statutes has long been a matter of controversy in Conflict of Laws scholarship. This issue is a matter of considerable contemporary interest because the Third Restatement of Conflict of Laws proposes to address such provisions in a way that diverges from how they were treated in the Second Restatement. The Second Restatement treats such provisions—which I call geographic scope limitations—as choice-of-law rules, meaning, inter alia, that the courts will ordinarily disregard them when the forum’s choice-of-law rules or a contractual choice-of-law clause selects the law of ...
Digital Court Records Access: Social Justice And Judicial Balancing, 2020 University of Maine School of Law
Digital Court Records Access: Social Justice And Judicial Balancing, Peter J. Guffin
Maine Law Review
With its transition from paper to electronic records, the state court system in Maine is entering new, uncharted territory. In drafting rules regarding public access to electronic court records, a critical issue facing the court system is how to go about balancing the privacy interests of the individual and the state’s interest in providing transparency about the court’s operations. Both interests are important in our democracy, and it is critical that we take measures to preserve both. The purpose of writing this essay is to show that Judge Coffin’s judicial philosophy and rights-sensitive balancing process, although the ...
Snap Removal: Concept; Cause; Cacophony; And Cure, 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law
Snap Removal: Concept; Cause; Cacophony; And Cure, Jeffrey W. Stempel, Thomas O. Main, David Mcclure
So-called “snap removal” – removal of a case from state to federal court prior to service on a forum state defendant – has divided federal trial courts for 20 years. Recently, panels of the Second, Third and Fifth Circuits have sided with those supporting the tactic even though it conflicts with the general prohibition on removal when the case includes a forum state defendant, a situation historically viewed as eliminating the need to protect the outsider defendant from possible state court hostility.
Consistent with the public policy underlying diversity jurisdiction – availability of a federal forum to protect against defending claims in an ...
Whether Events After The Filing Of An Initial Complaint May Cure An Article Iii Standing Defect: The D.C. Circuit’S Approach, 2020 Boston College Law School
Whether Events After The Filing Of An Initial Complaint May Cure An Article Iii Standing Defect: The D.C. Circuit’S Approach, Rory T. Skowron
Boston College Law Review
On December 7, 2018, in Scahill v. District of Columbia, the U.S. Court of Appeals for the District of Columbia Circuit held that a plaintiff may cure an Article III standing defect through an amended pleading alleging facts that arose after the filing of the original complaint. In so doing, the D.C. Circuit joined an expanding plurality of the federal appellate courts in rejecting the alternative approach that requires a plaintiff lacking standing at the outset of a lawsuit to file a new lawsuit when events subsequent to filing the original complaint have corrected any standing deficiency. This ...
A Formulaic Recitation Will Not Do: Why, As A Matter Of Law, Federal Rule Of Criminal Procedure 7(C) Should Be Interpreted To Be At Least As Stringent As Federal Rule Of Civil Procedure 8(A), 2020 University of Pennsylvania Carey Law School
A Formulaic Recitation Will Not Do: Why, As A Matter Of Law, Federal Rule Of Criminal Procedure 7(C) Should Be Interpreted To Be At Least As Stringent As Federal Rule Of Civil Procedure 8(A), Charles Eric Hintz
Faculty Scholarship at Penn Law
When a plaintiff files a civil lawsuit in federal court, her complaint must satisfy certain minimum standards. Specifically, under the prevailing understanding of Federal Rule of Civil Procedure 8(a), a complaint must contain sufficient factual matter to state a claim to relief that is plausible on its face, rather than mere conclusory statements tracking the elements of a cause of action. Given the infinitely higher stakes involved in criminal cases, one might think that at least as robust a requirement would exist in that context. But, in fact, a weaker pleading standard reigns. Under the governing interpretation of Federal ...
Fmc Corp. V. Shoshone-Bannock Tribes, 2020 Alexander Blewett III School of Law at the University of Montana
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction ...
Circuit Board Jurisdiction: Electronic Payments And The Presumption Against Extraterritoriality, 2020 University of Georgia School of Law
Circuit Board Jurisdiction: Electronic Payments And The Presumption Against Extraterritoriality, Samuel L. Hatcher
Georgia Journal of International & Comparative Law
81818app手机版下载No abstract provided.
Petitioners' Reply Memorandum In Support Of Their Emergency Petetion For A Writ Of Habeas Corpus, 2020 Cleveland State University
Petitioners' Reply Memorandum In Support Of Their Emergency Petetion For A Writ Of Habeas Corpus, Joseph Mead, David J. Carey, Freda J. Levenson, David A. Singleton, Mark A. Vander Laan, Michael L. Zuckerman
Law Faculty Briefs
81818app手机版下载In the roughly 120 hours since Petitioners filed their emergency petition for a writ of habeas corpus, the death toll at Elkton has doubled, and the number of BOP-confirmed COVID-19 cases among prisoners has tripled. About three dozen corrections staff have tested positive for the virus, a number that has also tripled since this case was filed. Elkton now accounts for more than one-third of all prisoner deaths from COVID-19 in federal prisons nationwide, and over half of the COVID-19 deaths in Columbiana County, making it one of the deadliest places a person can live in the current pandemic. According ...
Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations, 2020 University of Maine School of Law 81818app手机版下载
Jural Entities, Real Parties In Controversy, And Representative Litigants: A Unified Approach To The Diversity Jurisdiction Requirements For Business Organizations, Charles A. Szypszak
Maine Law Review
81818app手机版下载The rules that make the federal courts available for the resolution of controversies between citizens of different states have often been described as placing an undue burden on the federal system. Congress has for the most part turned a deaf ear to calls by jurists and commentators for reform or even abolition of federal diversity jurisdiction, leaving the courts to struggle with difficult issues about the proper contours of the jurisdictional requirements. One recurring difficult issue is the manner in which citizenship is to be attributed to the investors who compose various business organizations. The general rule has been that ...