11Apr

When Staying Discovery Stays Justice: Analyzing Motions to Stay Discovery When a Motion to Dismiss is Pending

Categories: Law Review

By: Kevin J. Lynch* Introduction Discovery plays a key role in our modern federal courts. Discovery can be costly and burdensome, but it also enables settlement, reduces informational disparities between parties, and clarifies issues for trial. Under the Federal Rules of Civil Procedure, discovery is intended to occur with limited intervention by the court, absent […]

Tags: Civil Procedure Discovery

11Apr

Copyright, Death, and Taxes

Categories: Law Review

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By: Edward Lee* The Copyright Act of 1976 is nearing its fourth decade of existence.[1] By historical standards, that longevity puts the 1976 Act “on the clock” for a major revision in the near future. Indeed, given the incredible advances in digital technologies and the Internet—all of which were unforeseen by Congress back in 1976—the […]

Tags: Copyright tax law

5Apr

Our Continuing Struggle With the Idea That For-Profit Corporations Seek Profit

Categories: Law Review

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By: Leo E. Strine, Jr.* This Essay addresses an issue that, to be candid, perplexes me. That issue is the continuing dismay evidenced in Western, capitalist nations when public corporations that pursue profit for their stockholders take actions that adversely affect the nation’s economic stability, the corporation’s employees, or the environment. When a corporation’s ardor […]

Tags: Corporate Corporation

5Apr

A Unique Religious Exemption From Antidiscrimination Laws in the Case of Gays? Putting the Call for Exemptions for Those Who Discriminate Against Married or Marrying Gays in Context

Categories: Law Review

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By: Michael Kent Curtis* Introduction A. The Issue Faced with gay marriage in a few states, the Becket Fund for Religious Liberty and some scholars advocate exemptions from antidiscrimination laws for those with religious or moral objections to “facilitating” gay marriage.[1] Advocates seek exemptions only in connection with gays and, at least initially, they connect […]

Tags: First Amendment Same-Sex Same-Sex Marriage

6Feb

Comment: Wait a Second—Is That Rain or Herbicide? The ICJ’s Potential Analysis in Aerial Herbicide Spraying and an Epic Choice Between the Environment and Human Rights

Categories: Law Review

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By: Jessica L. Rutledge* Introduction Over the past ten years, the Colombian government has persistently been digging itself into a paradoxical hole so deep that it will be remarkable if the government can make it out on top. Despite the impressive maintenance of democracy since 1810[1] and an “excellent relationship” with the United States on […]

Tags: Environmental Law Human Rights International Law

6Feb

Desecration: Is It Protected Speech?

Categories: Law Review

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By: David Crump* A prankster sets up a projector and shines images of swastikas onto the side of a synagogue as worshippers enter. A vandal extinguishes the eternal flame that marks the grave of President John F. Kennedy. A computer hacker attacks an online memorial dedicated by a grieving family to its recently deceased teenage […]

Tags: First Amendment Free Speech

6Feb

Winning the Game of Appellate Musical Shoes: When the Appeals Band Plays, Jump from the Client’s to the Judge’s Shoes to Write the Statement of Facts Ballad

Categories: Law Review

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By: Laurie A. Lewis* Abstract An appellate brief ’s Statement of Facts is critical to a successful appeal. The client trusts the attorney with his or her story. To fully hear it, the attorney must actively listen and demonstrate empathy in the initial interview. The attorney needs to step into the client’s shoes to retell […]

Tags: Appellate Law Legal Education

6Feb

Iqbal’s Retro Revolution

Categories: Law Review

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By: Benjamin P. Cooper* Introduction The Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly[1] and Ashcroft v. Iqbal[2] represent a “philosophical sea change in American civil litigation.”[3] Although the exact meaning of these cases remains the topic of vigorous debate, there is nearly universal agreement that the decisions have “revolutionized the law on pleading”[4] […]

Tags: Civil Procedure Pleadings

6Feb

Demystifying the Determination of Foreign Law in U.S. Courts: Opening the Door to a Greater Global Understanding

Categories: Law Review

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By: Matthew J. Wilson* Introduction The global influences that pervade the typical modern-day existence are sweeping both in scope and function. Products and services provided by organizations and individuals from different parts of the world are everywhere. Take the United States for example: automobiles and electronics on U.S. streets are designed and manufactured in Asia; […]

Tags: Choice of Law Cyber Law Foreign Law International Law

1Feb