Private Terrorism Lawsuits and Their Impact on U.S. Foreign Policy
Private civil lawsuits filed by victims of international terrorism in U.S. courts, while intended to secure justice and compensation, often create significant tension with the conduct of U.S. foreign policy. The Rise of Private Litigation For years, with legislative encouragement from Congress and active participation from the plaintiff’s bar, victims and survivors of terrorism have […]
The Supreme Court and the ACA: Why Did Legal Scholars Miss the Mark?
The legal challenges to the Affordable Care Act (ACA), often referred to as ObamaCare, presented a perplexing outcome for many in the legal academy. As these challenges progressed through the courts, numerous leading law professors largely dismissed the arguments against the statute’s constitutionality as either frivolous or inconsequential. Despite this widespread consensus among scholars, these […]
Psychopathic Traits and the Legal Profession: An Examination
A recent examination of personality traits in various professions suggests that lawyers, alongside CEOs, rank among those with a higher prevalence of psychopathic traits, according to research presented in a new book by an Oxford research psychologist. This finding offers a nuanced perspective on psychopathic tendencies, suggesting that certain traits—such as fearlessness, charisma, focus, and […]
Legal Challenge to Racially Restrictive Covenants in Ohio Deed Records
In 1948, the U.S. Supreme Court, in the landmark case of Shelley v. Kraemer, ruled that racially restrictive real estate covenants—once a prevalent practice in property deeds—were legally unenforceable in state and federal courts. While these covenants have been nullified and are considered legally inert, county recorders across the country continue to copy and transcribe […]
Supreme Court Clarifies Pleading Requirements to Prevent Evasion of the Class Action Fairness Act (CAFA)
The Supreme Court’s unanimous decision in Standard Fire Insurance Co. v. Knowles addresses attempts by litigants to circumvent the jurisdiction granted to federal courts by the Class Action Fairness Act of 2005 (CAFA). Justice Breyer delivered the opinion of the Court, signalling the Justices’ clear impatience with legal strategies intended to evade CAFA’s provisions. The […]
The American Society for the Prevention of Cruelty to Animals Litigation Settlement: A Case Study in Litigation Abuse
In a recent development, the ASPCA agreed to pay Feld Entertainment, the owner of the Ringling Bros.-Barnum & Bailey Circuses, a settlement of $9.3 million. This payment resolves claims that the organization engaged in litigation abuse during a decade-long lawsuit. The original suit, filed by the ASPCA, alleged the mistreatment of elephants by the circus. […]
Circumventing CAFA: The Ethical Implications of Damage Stipulations in Class Actions
The Class Action Fairness Act of 2005 (CAFA) was enacted with the primary goal of ensuring that large-scale, nationwide class actions are litigated in federal court. This objective was motivated, in part, by Congressional concern that plaintiffs’ attorneys were exploiting the system through “forum-shopping,” maneuvering cases into state courts perceived as biased or ill-equipped to […]
The Supreme Court’s Consideration of the Defense of Marriage Act (DOMA) Challenge
Judicial Pathway to the High Court Following a series of decisions in lower federal courts that invalidated the provisions defining marriage at the federal level within the Defense of Marriage Act (DOMA) of 1996, it is highly probable that the U.S. Supreme Court will address the constitutionality of this statute this term. The legal journey […]
The California Bar’s Recommendation: Admitting an Undocumented Immigrant to the Practice of Law
The recommendation by the State Bar of California to admit Sergio C. Garcia, a 35-year-old undocumented immigrant from Chico, to the practice of law has generated significant legal and professional debate. This position faces several prominent objections rooted in current legal and ethical frameworks governing the legal profession and immigration. Legal and Ethical Conflicts One […]
The Supreme Court to Examine the Scope of the Alien Tort Statute in Kiobel v. Royal Dutch Petroleum
The Supreme Court is set to review the contemporary breadth of the Alien Tort Statute (ATS) in the case of Kiobel v. Royal Dutch Petroleum, which is scheduled for oral argument on Tuesday. The central issue before the Court is whether to limit the statute’s modern application, which has historically been invoked to establish U.S. […]