Note: When Sosa Meets Iqbal: Plausibility Pleading in Human Rights Litigation
By Jordan D. Shepherd. Full text here. Human rights litigation under the Alien Tort Statute (ATS) has increased dramatically in the past few decades. Due to actions of a host of players around the world, this struggle for rights and remedies is dependent upon the rules of domestic court systems. Within U.S. civil litigation, two key…
Continue ReadingNote: UNCLOS, but No Cigar: Overcoming Obstacles to the Prosecution of Maritime Piracy
By Ryan P. Kelley. Full text here. The international response to acts of maritime piracy around Somalia requires a credible foundation in international law. Naval patrols from nearly every world power lack accurate and well-reasoned jurisdictional mandates necessary to carry out their duties effectively. They want for this essential legal complement because their states fail to…
Continue ReadingNote: Blowing Up the Pipes: The Use of (c)(4) to Dismantle Campaign Finance Reform
By Cory G. Kalanick. Full text here. In the aftermath of the Supreme Court’s decision in Citizens United, nonprofit organizations originally designed to promote social welfare interests have become the latest loophole for political financiers to bypass campaign finance regulations. The federal regime of campaign finance laws—designed to prevent corruption and preserve the integrity of our…
Continue ReadingNote: Insufficient Government Protection: The Inescapable Element in Domestic Violence Asylum Cases
By Elsa M. Bullard. Full text here. Domestic violence asylum applicants have spent years struggling to demonstrate they are a particular social group within the meaning of refugee statutes and thus worthy of asylum in the United States. Recent statements by the Department of Homeland Security (DHS) and a favorable outcome for the applicant in In…
Continue ReadingNote: The Problem with Waste: Delaware's Lenient Treatment of Waste Claims at the Demand Stage of Derivative Litigation
By Jamie L. Kastler. Full text here. This Note addresses the Delaware courts’ treatment of waste claims at the demand stage of derivative litigation. Recent Delaware opinions indicate that waste is part of the fiduciary duty of good faith. This means that directors are not protected from claims of waste by section 102(b)(7) exculpation clauses…
Continue ReadingNote: Diversity Jurisdiction and Injunctive Relief: Using "Moving-Party Approach" to Value the Amount in Controversy
By Christopher A. Pinahs. Full text here. A necessary requirement for federal diversity jurisdiction is that the amount in controversy exceeds $75,000. Injunctions, however, are not a sum certain, and courts often struggle to value this intangible form of relief for purposes of diversity jurisdiction. Further compounding this problem is the fact that injunctions often differentially…
Continue ReadingNote: Challenging Peremptories: Suggested Reforms to the Jury Selection Process Using Minnesota as a Case Study
By Maisa Jean Frank. Full text here. Jury selection proceeds differently in each state. Though not constitutionally mandated, each jurisdiction allows attorneys to exercise peremptory challenges as part of the process. During the past sixty years, members of the legal profession have consistently called into question the validity of this practice. Supreme Court jurisprudence gives selected…
Continue ReadingNote: The Due Process Rights of Parents to Cross-Examine Guardians Ad Litem in Custody Disputes: The Reality and the Ideal
By Emily Gleiss. Full text here. Currently, state statutes that govern guardian ad litem appointments for children in custody disputes fail to protect the due process rights of parents. Focused solely on the best interests of children, these laws provide few safeguards against the infringement of parents’ rights to the care, custody, and control of their…
Continue ReadingNote: Federal Preemption and the Rating Agencies: Eliminating State Law Liability to Promote Quality Ratings
By Timothy M. Sullivan. Full text here. The credit rating agencies remain under intense scrutiny amidst the current financial crisis. Congress is currently considering multiple proposals to alter the federal regime for regulating rating agencies. Meanwhile, large-scale investors such as the California Public Employees Retirement Services (CalPERS) have commenced major litigation to recover losses allegedly suffered…
Continue ReadingNote: Expanding the Role of Trade Preference Programs
By Monica Patel. Full text here. Trade preference programs lower trade barriers for developing countries and open opportunities in consumer-driven markets which, in turn, increases their trade and economic growth. One example of a trade preference program in the United States is the Generalized System of Preferences (GSP) program that provides duty-free treatment for about 4800…
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