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Works in Law

2024

Civil Procedure––Legally Deadlocked: Challenging the Notion of “Prevailing” in the Quest for Costs & Fees––Royal Palm Props., LLC v. Pink Palm Props., LLC, 38 F.4th 1372 (11th Cir. 2022), Jeffrey Hernandez
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law—Miss Anti-United States of America—How Courts Expanded Judicial Authority by Foregoing Constitutional Avoidance—Green v. Miss USA, LLC, 52 F.4th 773 (9th Cir. 2022), Jessica Vedrani
Suffolk Journal of Trial and Appellate Advocacy

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Employment Law—Blurred Lines: Loopholes to Avoid Joint Employer Liability—Felder v. United States Tennis Ass'n, 27 F.4th 834 (2d Cir. 2022), Katie Groves
Suffolk Journal of Trial and Appellate Advocacy

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Clarifying Contempt in Civil Cases: Appropriate Uses in Florida, Jani Maurer
Suffolk Journal of Trial and Appellate Advocacy

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Pushback on Zoom® Court Proceedings: Is “Effective” Counsel Still Effective?, Adrianne Downey
Suffolk Journal of Trial and Appellate Advocacy

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Civil Law—Circuit Split: Eighth Circuit’s Superior Causation Standard for Anti-Kickback Violations Under the False Claims Act—United States ex rel. Cairns v. D.S. Med. LLC., 42 F.4th 828 (8th Cir. 2022), Lauren Flynn
Suffolk Journal of Trial and Appellate Advocacy

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Arbitration—It Does Not Matter if You Read the Terms and Conditions: They Do Not Apply Anyway—Berman v. Freedom Financial Network, LLC, 30 F.4th 849 (9th Cir. 2022), Ian McReynolds
Suffolk Journal of Trial and Appellate Advocacy

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Be“Yondr” the Schoolhouse Gate: Law and Policy for Student Cell Phone Restriction in Public High Schools, William Thompson
Suffolk Journal of Trial and Appellate Advocacy

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App-Based Drivers, Employees or Independent Contractors?: Big Tech’s Fight to Classify Drivers as Independent Contractors Prioritizes Flexibility and Innovation Over Labor and Class Implications, Erin Chow
Suffolk Journal of Trial and Appellate Advocacy

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2022

The Legal Ethics of Lying About American Democracy, Andrew M. Perlman
Suffolk University Law School Faculty Works

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The Great Resignation or the Great Joy in Higher Education: Emerging Lessons from the Pandemic, Kathleen Elliott Vinson
Suffolk University Law School Faculty Works

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Securities Law—First Circuit Adopts Irrevocable Liability as Both Necessary and Sufficient Condition for Domestic Securities Test—SEC v. Morrone, 997 F.3d 52 (1st Cir. 2021), Shiri Pagliuso
Suffolk Journal of Trial and Appellate Advocacy

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Editor's Note, Kori Dean
Suffolk Journal of Trial and Appellate Advocacy

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Masthead, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Criminal Law—Third Circuit Holds Proposed Drug Consumption Room is Criminal Violation of the Controlled Substance Act—United States v. Safehouse, 985 F.3d 225 (3rd Cir. 2021), Veronica Lee
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law—Device Searches Absent Reasonable Suspicion Allow Security Interests to Outweigh Privacy Concerns and Amplify Bias at the U.S. Border—Alasaad v. Mayorkas, 988 F.3d 8 (1st Cir. 2021), Shannah Colbert
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law—Sexual Orientation Recognized as Protected Class for Batson Challenges—Commonwealth v. Carter, 172 N.E.3d 367 (Mass. 2021), Ian Luciano
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law—Tightening the Locks to the Schoolhouse Gate—Mahanoy Area Sch. Dist. v. B.L., 141 S. Ct. 2038 (2021), Angela Bartucca
Suffolk Journal of Trial and Appellate Advocacy

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Table of Contents, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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International Arbitration: Supreme Court Holds District Courts May Not Order Discovery for Use in Private International Arbitration, Niamh Gibbons
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law—Concealing Identity to Record is Not an Interception Under Massachusetts Wiretap Statute—Curtatone v. Barstool Sports, Inc., 169 N.E.3d 480 (Mass. 2021), Catherine Cardon
Suffolk Journal of Trial and Appellate Advocacy

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Give ‘Em the Ol’ Razzle Dazzle: The Ethics of Trial Advocacy and the Case of Kyle Rittenhouse, David A. Lord
Suffolk Journal of Trial and Appellate Advocacy

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Front Matter, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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The "Middle Ground" of Products Liability Analysis, Patrick Shalvey
Undergraduate Theses and Capstone Projects

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New Function for an Injunction: Department of Justice Utilizes Temporary Restraining Order to Stop Excessive Prescribing and Selling of Opioids - Will Massachusetts Follow Suit?, Shauni Tyler Lynch
Suffolk Journal of Trial and Appellate Advocacy

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Circuit Split on Constitutionality of Public Carry Statutes: Why the Supreme Court Should Hold That States and Municipalities Know Best, Nick McLaughlin
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law - Don't Shoot the Messenger: The First Circuit Upholds Massachusetts Assault Weapons Ban - Worman v. Healey, 922 F.3d 26 (1st Cir. 2019), Meaghan R. Callahan
Suffolk Journal of Trial and Appellate Advocacy

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Securities Law - Second Circuit Changes Tipping Jurisprudence Holding Close Relationship No Longer Needed for Tipper-Tippee Liability under Gift Theory - United States v. Martoma, 894 F.3d 64 (2D Cir. 2017), Stephanie . M. Calderon
Suffolk Journal of Trial and Appellate Advocacy

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Evidence - For the Sake of the Marriage: First Circuit's Rejection of the Joint Participants Exception Complicates Criminal Prosecution of Married Co-Conspirators - United States v. Pineda-Matteo, 905 F.3d 13 (1st Cir. 2018), Dean Fiotto
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law - Freedom from Accidental Shootings by Police Is Not a Clearly Established Right for the Purposes of Qualified Immunity - Corbitt v. Vickers, 929 F.3d 1304 (11th Cir. 2019), Hannah A. Jacobs,
Suffolk Journal of Trial and Appellate Advocacy

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The Medium is the Message: A Summer Book Club on Abolition, Sarah J. Schendel
Suffolk University Law School Faculty Works

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Constitutional Law—An Alternative Analysis to Intangible Emotional Harm Standing in the Way of Constitutional Standing—Vazzano v. Receivable Mgmt. Servs., LLC, NO. 3:21-CV-0825-D, 2022 U.S. Dist. Lexis 144258 (N.D. Tex. Aug. 12 2022), Emily LaRovere
Suffolk Journal of Trial and Appellate Advocacy

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Debt Collection—A Benign Language Exception Should Be Read Into the Fair Debt Collection Practices Act’s “Unfair Practices” Section—Donovan v. FirstCredit, Inc., 983 F.3d 246 (6th Cir. 2020), Shiri Pagliuso
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law—First Circuit Clearly Unconvinced by Lack of Procedural Safeguards in Proving Noncitizens’ Flight Risk—Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021), Shannah Colbert
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law—Strengthening Schools’ Ability to Combat Cyberbullying in Denying Students’ First Amendment Challenge—Doe v. Hopkinton Pub. Schs., 19 F.4th 493 (1st Cir. 2021), Rebecca Brownell
Suffolk Journal of Trial and Appellate Advocacy

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Life is What You Make It . . . Unless You Are Transgender and Incarcerated: Revising The Test for Judging an Incarcerated Transgender Individual’s Readiness for Gender Confirmation Surgery, Allison Eddy
Suffolk Journal of Trial and Appellate Advocacy

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Editor's Note, Allison Eddy
Suffolk Journal of Trial and Appellate Advocacy

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America’s Extraordinary and Compelling Problem: An Assessment of the Sentence Modification Process in the Federal District Courts and the Need to Remove the Bureau of Prison’s Gatekeeper Role, Katherine Chenail
Suffolk Journal of Trial and Appellate Advocacy

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Editor's Note, Kori Dean
Suffolk Journal of Trial and Appellate Advocacy

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Masthead, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Front Matter, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Education Law—A Child Left Behind: Exploring Failures in Effective IEP Implementation—Lamar Consol. Indep. Sch. Dist. v. J.T., 577 F. Supp. 3d 599 (S.D. Tex. 2021), Katie Groves
Suffolk Journal of Trial and Appellate Advocacy

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Civil Procedure—The Need for Effect-Based Personal Jurisdiction in Trademark Litigation—Motus, LLC v. Cardata Consultants, LLC, 23 F.4th 115 (1st Cir. 2022), Ian McReynolds
Suffolk Journal of Trial and Appellate Advocacy

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The Judicial War on Drugs: Deciding Whether to Apply the Federal or State Definition of Controlled Substance Offenses for Career Offender Sentencing Enhancements, Marisa Chamberland
Suffolk Journal of Trial and Appellate Advocacy

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Masthead, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law—Constitutionality of Police Caretaking Conduct Inside the Home—Calinga v. Strom, 141 S. Ct. 1596 (2021), Angela Bartucca
Suffolk Journal of Trial and Appellate Advocacy

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Table of Contents, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Front Matter, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Education Law—IDEA Eligibility: Hindsight is 20/20—Lisa M. ex rel. J.M. v. Leander Indep. Sch. Dist., 924 F.3d 205 (5th Cir. 2019), Sydney Doneen
Suffolk Journal of Trial and Appellate Advocacy

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Employment Law—Intersecting Identities & Ideologies, Nondiscrimination, and the First Amendment Ministerial Exception Defense—DeWeese-Boyd v. Gordon College, 163 N.E.3d 1000 (Mass. 2021), Margaret R. Austen
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law—Dangers of the Substantive Due Process State-Created Danger Exception— Irish v. Fowler, 979 F.3d 65 (1st Cir. 2020), Bianca Tomassini
Suffolk Journal of Trial and Appellate Advocacy

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Right to a Speedy Trial for All, Unless You’re Incarcerated: How Sixth Amendment Jurisprudence Allows for Prolonged Isolation—United States v. Bailey-Snyder, 923 F.3d 289, 291 (3rd Cir. 2019), Madison Carvello
Suffolk Journal of Trial and Appellate Advocacy

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Well, At Least They Tried: Deliberate Indifference As Prison Officials’ Liability Scapegoat For Objectively Inhumane Prison Conditions During COVID-19, Mary Levine
Suffolk Journal of Trial and Appellate Advocacy

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How Do Lawyer Disciplinary Agencies Enforce Rules Against Litigation Misconduct? Or Do They? Results of a Case Study and a National Survey of Disciplinary Counsel, Jona Goldschmidt
Suffolk Journal of Trial and Appellate Advocacy

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Table of Contents, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Table of Contents, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law—Protecting Post-Dobbs Abortion-Seeking Minors in a Judicial Bypass System—Doe ex Rel. Rothert v. Chapman, 30 F.4th 766 (8th Cir. 2022), Meaghan Rose Costello
Suffolk Journal of Trial and Appellate Advocacy

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Masthead, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Editor's Note, Allison Eddy
Suffolk Journal of Trial and Appellate Advocacy

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Front Matter, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Drawing Lines: Reconciling Disparate Standards of ADA Title III Protections in an Online World, Benjamin Holman
Suffolk Journal of Trial and Appellate Advocacy

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The Case for Race: An Exploration of Whether the United States Olympic and Paralympic Committee Can Require Athletes to Sign Away Their Right to Protest, Leon Rotenstein
Suffolk Journal of Trial and Appellate Advocacy

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Criminal Procedure—Night at the Museum: The Balance Between Learning from History and Maintaining the Secrecy Surrounding Grand Jury Proceedings—Lepore v. United States (In Re Order Directing Release of Recs.), 27 F.4th 94 (1st Cir. 2022), Jessica Vedrani
Suffolk Journal of Trial and Appellate Advocacy

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Criminal Procedure—Fugitive Disentitlement Ruling Allows Interlocutory Appeals In Second Circuit Under Collateral Order Doctrine—United States v. Bescond, 7 F.4th 127 (2d Cir. 2021), Ian Luciano
Suffolk Journal of Trial and Appellate Advocacy

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Sacrificing Justice for “Simplicity”: Inequitable Protection of Medical Providers in Malpractice Cases Exacerbated By Abandoning the Substantial Factor Test, Michayla Woodward
Suffolk Journal of Trial and Appellate Advocacy

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2021

Discrimination Under a Description, Patrick S. Shin
Suffolk University Law School Faculty Works

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#ThisIsMe, Kathleen Elliott Vinson
Suffolk University Law School Faculty Works

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Trademark Law—Looking Out for the Big Guys: Outdated Precedent Reveals the Need for New Legal Test in Fortnite Likeness Case—Pellegrino v. Epic Games, Inc., 451 F. Supp. 3d 373 (E.D. Pa. 2020), Nam Le
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law—Narrowly Reading Law Enforcement Activity Exception to Privacy Act in Favor of Privacy Rights—Garris v. FBI, 937 F.3d 1284 (9th Cir. 2019), Megan Ryan
Suffolk Journal of Trial and Appellate Advocacy

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In Sickness and in Health . . . and Even on the Stand: Analyzing Circuit Split Regarding the Adoption or Rejection of the Joint Participation Exception and its Future in Litigation, Margaret Quick
Suffolk Journal of Trial and Appellate Advocacy

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Table of Contents, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Once Bitten, Twice Shy: The Supreme Court’s Misguided Doubling Down on the Dual Sovereigns Exception to the Fifth Amendment’s Double Jeopardy Clause, Ross Ballantyne
Suffolk Journal of Trial and Appellate Advocacy

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Criminal Law—Extortion or Public Policy, Where Do We Draw the Line?: First Circuit Finds Hobbs Act Extortion May Apply to the Actions of Two Boston City Hall Officials—United States v. Brissette, 919 F.3d 670 (1st Cir. 2019), Alexis Soares
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law—Fourth Amendment Community Caretaking Exception Analysis Against the Community—Caniglia v. Strom, 953 F.3d 112 (1st Cir. 2020), Bianca Tomassini
Suffolk Journal of Trial and Appellate Advocacy

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Federal Legislation Needed to Settle Student-Athlete Name, Image, Likeness Issue, Dylan Akers
Suffolk Journal of Trial and Appellate Advocacy

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Editor's Note, Diana Hurtado
Suffolk Journal of Trial and Appellate Advocacy

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Masthead, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Front Matter, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Employment Law—Cat’s Paw Vicarious Liability Doctrine Imputes Discriminatory Intent of Non- Employee Student to Employer—Menaker v. Hofstra Univ., 935 F.3d 20 (2d Cir. 2019), Kendra Lena
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law—Seventh Circuit Upholds Buffer-Zone Ordinances to Protect Women Entering Healthcare Facilities from Sidewalk Counselors—Price v. City of Chicago, 915 F.3d 1107 (7th Cir. 2019), Jamie Wells
Suffolk Journal of Trial and Appellate Advocacy

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The Demise of the Law-Developing Function: A Case Study of the Wisconsin Supreme Court, Skylar Reese Croy
Suffolk Journal of Trial and Appellate Advocacy

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Masthead, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Table of Contents, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Front Matter, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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[Redacted] Addressing the Disclosure of Medical Conditions, Mental Health Treatment, and Substance Abuse History in the Online Publication of Court Documents in Massachusetts, Diana Hurtado
Suffolk Journal of Trial and Appellate Advocacy

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Civil Rights Law—Excessive Force Found When Tasing Section 12 Patient, Police Officer Granted Qualified Immunity—Gray v. Cummings, 917 F.3d 1 (1st Cir. 2019), Brandon Vallie
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law—Third Party Cross-Examination During Campus Misconduct Hearings Satisfies Due Process Requirement Under Fourteenth Amendment—Haidak v. Univ. of Mass.- Amherst, 933 F.3d 56 (1st Cir. 2019), Kori Dean
Suffolk Journal of Trial and Appellate Advocacy

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Housing Law—Not Over This Threshold: The Crisis of Continued Housing Discrimination Against Queer Americans—Smith v. Avanti, 249 F. Supp. 3d 1194 (D. Colo. 2017), Cayla Keenan
Suffolk Journal of Trial and Appellate Advocacy

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Internet Regulation—Second Circuit Follows Majority of Courts in Broad Application of Communications Decency Act Immunity—Force v. Facebook, Inc., 934 F.3d 53 (2d Cir. 2019), Alison Eleey
Suffolk Journal of Trial and Appellate Advocacy

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Until Data Does Us Part—The Call for a Federal Analog to the California Consumer Privacy Act: A Litigation Perspective, Brendan Chaisson
Suffolk Journal of Trial and Appellate Advocacy

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The Death of Abortion: If Roe v. Wade is Overturned, Can the Right to Choose Be Upheld Under the Arguments Used to Establish an Individual’s Right to Physician-Assisted Suicide?, Jennifer McCoy
Suffolk Journal of Trial and Appellate Advocacy

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Editor's Note, Diana Hurtado
Suffolk Journal of Trial and Appellate Advocacy

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Life Admin When Life Turns Upside Down: A Book Review (Of Sorts), Sarah J. Schendel, Dyane O'Leary
Suffolk University Law School Faculty Works

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2020

The Pandemic Syllabus, Sarah J. Schendel
Suffolk University Law School Faculty Works

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The Use and Abuse of Dogs in the Witness Box, John J. Ensminger, Sherri Minhinnick, James Lawrence Thomas, Itiel E. Dror
Suffolk Journal of Trial and Appellate Advocacy

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Masthead, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Fair Use and Machine Learning, Stephen M. McJohn
Suffolk University Law School Faculty Works

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Raising the Bar: New Wave of Climate Tort Litigation Blocks State and Local Governments Seeking Relief from Effects of Climate Change in Federal Court, Thomas Stirrat
Suffolk Journal of Trial and Appellate Advocacy

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Equal - But Not for Everyone - Protection? Disparate Transgender Rights in Prisons across the U.S. and the Subsequent Effect on Mental Health, Cairin M. Fay
Suffolk Journal of Trial and Appellate Advocacy

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Advocating Altering Advocacy Academics: A Proposal to Change the Pedagogical Approach to Legal Advocacy, C. J. Williams
Suffolk Journal of Trial and Appellate Advocacy

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International Law - Extrajudicial Killings: Acts of Terrorism Or Acts of Elaborate Cover-Ups: Sullivan v. Republic of Cuba, 891 F.3D 6 (1st Cir. 2018), Stephanie M. Sader
Suffolk Journal of Trial and Appellate Advocacy

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Combatting Sexual Misconduct: American Higher Education during the #MeToo Era, Aubrey Trudeau
Suffolk Journal of Trial and Appellate Advocacy

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Massachusetts Noncompetition Agreement Act: A Rose of a Different Color, Helen Yuxuan Huang
Suffolk Journal of Trial and Appellate Advocacy

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More Tariffs, More Protection[ism], Jessica A. Mehaylo
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One Should Not Pay for All - Drug Quantity Triggering Mandatory Minimums Should Be Individualized in Conspiracy Sentencing, Hunter R. Wildrick
Suffolk Journal of Trial and Appellate Advocacy

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Not Tested on Animals: The Future of Cosmetic Animal Testing in the U.S. and beyond, Jane K. Innis
Suffolk Journal of Trial and Appellate Advocacy

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Table of Contents, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Editor's Note, Nick McLaughlin
Suffolk Journal of Trial and Appellate Advocacy

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Front Matter, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law - America's Drone War Abroad - Jaber v. United States, 861 F.3D 241 (D.C. Cir. 2017), Stephen R. Harris
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law - Eighty-Six the Sixth Amendment: The Sixth Amendment Right to Counsel Applies to Pre-Indictment Plea Negotiations Too - Turner v. United States, 885 F.3D 949 (6th Cir. 2018)(En Banc), Sierra Lovely
Suffolk Journal of Trial and Appellate Advocacy

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Under Pressure: How Incorporating Time-Pressured Performance Tests Prepares Students for the Bar Exam and Practice, Kathleen Elliott Vinson
Suffolk University Law School Faculty Works

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What You Don't Know (Can Hurt You): Using Exam Wrappers to Foster Self-Assessment Skills in Law Students, Sarah J. Schendel
Suffolk University Law School Faculty Works

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Listen! Amplifying the Experiences of Black Law School Graduates in 2020, Sarah J. Schendel
Suffolk University Law School Faculty Works

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2019

Police and Higher Education: A Necessity or Just a Desire?, Jared Marshall
Undergraduate Theses and Capstone Projects

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Criminal Law - Prosecutorial Mistake Results in Sexual Assault Retrial - Commonwealth v. Angel Luis Alvarez, 103 N.E.3D 1202 (Mass. 2018), Danielle Paulson
Suffolk Journal of Trial and Appellate Advocacy

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Civil Rights - Medical Marijuana Recognized as Facially Reasonable Accommodation under Handicap Discrimination Claim in Massachusetts - Barbuto v. Advantage Sales and MKTG., LLC, 78 N.E.3D 40 (Mass. 2017), Molly Carroll
Suffolk Journal of Trial and Appellate Advocacy

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The Fine Line between Identifiers Capable of Identifying and Identifiable Information, Aleksandra Popova
Suffolk Journal of Trial and Appellate Advocacy

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Digital Privacy - It Ain't Over til the Dead Person Tweets - Ajemian v. Yahoo, Inc. 84 N.E.3D 766 (Mass. 2017), Danielle Kohen
Suffolk Journal of Trial and Appellate Advocacy

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Audible: Contractual Relations between Schools and Their Student-Athletes Are Due for a Reroute, Tyler Jordan
Suffolk Journal of Trial and Appellate Advocacy

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Editor's Note, Michelle A. Reid
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Masthead, JTAA Editors
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Sentencing Statutes: The Deviation from Federal Sentencing Guidelines and Variation among States' Sentencing Laws, Ashley Walsh
Suffolk Journal of Trial and Appellate Advocacy

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Straight Past Go and Collect $200: A Look into the Clayton Act and Vertical Mergers within Corporate America, Natalie Brough
Suffolk Journal of Trial and Appellate Advocacy

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Truancy, Secure Detention, and the Right to Liberty, Amanda McNelly
Suffolk Journal of Trial and Appellate Advocacy

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Contract Law/Property Law - Just Text the Contract over - St. John's Holdings, LLC v. Two Elecs., No. 16 MISC 000090 RBF, 2016 WL 6191911 (Mass. Land Ct. Oct. 24, 2016), Darius Brown
Suffolk Journal of Trial and Appellate Advocacy

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State of Slayer's Estate, Paul Mourad
Suffolk Journal of Trial and Appellate Advocacy

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Turning Texters into a Civil Liability: Texting and Driving Bans and New Ways of Expanding Liability on the Road, Julianne Jeha
Suffolk Journal of Trial and Appellate Advocacy

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Hit the Ground Running: The Complete Opening Statement Supported by Empirical Research and Illustrations, Harry Mitchell Caldwell, Deanne S. Elliot
Suffolk Journal of Trial and Appellate Advocacy

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Civil Rights - Slamming Shut the Courthouse Doors: The Supreme Court's Expansive View of Qualified Immunity Kills Section 1983 Suits for Excessive Force at Summary Judgment - Kisela v. Hughes, 138 S. Ct. 1148 (2018), Kevin Hennessey
Suffolk Journal of Trial and Appellate Advocacy

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Land of the Free Market: U.S. Companies Continue to Enjoy Greater Legal Protection than Consumers, Christopher LeBlanc
Suffolk Journal of Trial and Appellate Advocacy

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All for One and One for - Some: Challenging the Constitutionality of Massachusetts Charter School Legislation after Doe No. 1 v. Secretary of Education, Perry Gans
Suffolk Journal of Trial and Appellate Advocacy

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Reexamining the Admissibility of the Defendant's Non-Inculpatory Statements at Trial, Wes Reber Porter
Suffolk Journal of Trial and Appellate Advocacy

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Front Matter, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law - Let Them Eat Cake - Masterpiece Cakeshop, LTD. v. Colo. Civil Rights Comm'n, 138 S. Ct. 1719 (2018), Timothy Rennie
Suffolk Journal of Trial and Appellate Advocacy

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Financial Regulation - Regulating a New Sector: How Should Regulatory Agencies Classify and Regulate Virtual Currencies - Commodity Futures Trading Comm'n (CFTC) v. McDonnell et al., 287 F. Supp. 3D 213 (E.D.N.Y. 2018), Nicholas Fusco
Suffolk Journal of Trial and Appellate Advocacy

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Table of Contents, JTAA Editors
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2018

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

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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

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New Considerations under the Eighth Amendment's Excessive Fines Clause When Determining Criminal Forfeiture, Gregoire Ucuz
Suffolk Journal of Trial and Appellate Advocacy

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Data Breach Litigation & Evaluating Standing, Brooke J. McNeill
Suffolk Journal of Trial and Appellate Advocacy

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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

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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

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Criminal Law - Extra Extra Read All about It: Sex Offender's Request for Reclassification - Noe v. Sex Offender Registry BD., No. SUCV2014-02071-A, 2017 Mass. Super. Lexis 9 (Mass. Super Ct. Mar. 28, 2017), Keshia L. Blair
Suffolk Journal of Trial and Appellate Advocacy

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Editor's Note, Brooke J. McNeill
Suffolk Journal of Trial and Appellate Advocacy

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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

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Ignoring Legislative Intent, Double Standard Or Protecting International Tension - Rico after RJR Nabisco, Hannah Tavella
Suffolk Journal of Trial and Appellate Advocacy

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Class Certification through 23(B)(3) Discrimination Class Actions - The Fine Line between Class-Wide Racial Discrimination and Isolated Incidents of Racial Discrimination - Brown v. Nucor Corp., 785 F.3D 895 (4th cir. 2015), William Grigas
Suffolk Journal of Trial and Appellate Advocacy

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Masthead, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Table of Contents, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Top Tens in 2017: Patent, Trademark, Copyright and Trade Secret Cases, Stephen M. McJohn
Suffolk University Law School Faculty Works

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How Academic Support Professionals Can Better Support LGBTQ Law Students – and Why We Should, Sarah J. Schendel
Suffolk University Law School Faculty Works

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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

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Front Matter, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Think Fast: Post Judgment Considerations in Hague Child Abduction Cases, Timothy L. Arcaro
Suffolk Journal of Trial and Appellate Advocacy

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Criminal Law - One Step Closer to Affordability as SJC Rules Judges Must Now Consider a Defendant's Financial Resources as a Factor When Making Bail Determinations - Brangan v. Commonwealth, 80 N.E.3D 949 (Mass. 2017), Jennifer Amaral
Suffolk Journal of Trial and Appellate Advocacy

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How Strong Is Your American Blood, Samantha Gallardo
Suffolk Journal of Trial and Appellate Advocacy

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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

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Equity or Inequality: Defining Bad Faith in Involuntary Bankruptcy, Carlos Wilder
Suffolk Journal of Trial and Appellate Advocacy

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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

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Promissory Estoppel's Avoidance of Injustice and Measure of Damages: The Final Frontier, Tory A. Weigand
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2017

Writing Lockdowns: A Path to Mindful Writing, Kathleen Elliott Vinson, Samantha A. Moppett
Suffolk University Law School Faculty Works

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Closing the Legal Aid Gap One Research Question at a Time, Kathleen Elliott Vinson
Suffolk University Law School Faculty Works

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Reflections on the Future of Legal Services, Andrew M. Perlman
Suffolk University Law School Faculty Works

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Some Thoughts on the Relevance of Customer Behavior to Discrimination Law: Who Counts as A ‘Customer’?, Patrick S. Shin
Suffolk University Law School Faculty Works

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Employment Law - Independent Contractor Employed by a Regulation: Sebago v. Boston Cab Dispatch, Inc., 28 N.E.3D 1139 (Mass. 2015), Marlee. R. Stever
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law - Sticks & Stones May Break my Bones, but the First Amendment Will Protect Me: Federal Court of Appeals Upholds Unconstitutionality of the Lanham Trade-Mark Act's Sec. 2(a) Disparaging Provision as a Violation of First Amendment Rights - in Re Tam, 808 F.3D 1321 (Fed. Cir. 2015), Kimberly T. Aquino
Suffolk Journal of Trial and Appellate Advocacy

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Top Tens in 2016: Patent, Trademark, Copyright and Trade Secret Cases, Stephen M. McJohn
Suffolk University Law School Faculty Works

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The Transformation of Indirect Harassment in the 21st Century: Harassment Telephone Laws, Cyberbullying, and New Ways of Analyzing First Amendment Rights, Brian S. Brazeau
Suffolk Journal of Trial and Appellate Advocacy

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Nursing Home Liability for Failure of Care under the Federal False Claims Act, Scott Grannemann
Suffolk Journal of Trial and Appellate Advocacy

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Criminal Law - First Complaint Doctrine Applies to Defendant in a Sexual Assault Prosecution - Commonwealth v. Mayotte, 56 N.E.3D 756 (Mass. 2016, Jennifer Plummer
Suffolk Journal of Trial and Appellate Advocacy

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Proving Hate: The Difficulties of Successfully Prosecuting Bias-Motivated Crimes, Shirin Afsous
Suffolk Journal of Trial and Appellate Advocacy

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Criminal Law - Must Love Dogs: Zach and Kenji's Escape from Confinement and the Broader Context of Animal Cruelty - Commonwealth v. Trefry, 51 N.E.3D 502 (Mass. App. Ct. 2016), Keshia Blair
Suffolk Journal of Trial and Appellate Advocacy

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Attorney-Directed Voir Dire Comes to Massachusetts: The Republic Is Safe, Dennis J. Curran
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law - Tipping the Scale: Extending Scope of Brady Application for the Sentencing Phase in Post-Conviction Cases - United States v. Hampton, 109 F. Supp.3D 431 (D. Mass. 2015), Natasha A. Desa
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To Whom Should We Point Our Stylus Allocating the Burden of Review in E-Discovery of Social Media Content, Rochella T. Davis
Suffolk Journal of Trial and Appellate Advocacy

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Botched: The Lethally Injected Effect of Glossip on the Future of Capital Punishment, Meghan Elizabeth Hall
Suffolk Journal of Trial and Appellate Advocacy

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Roadway to Reform: Assessing the 2015 Guidelines and New Federal Rule to the Indian Child Welfare Act's Application to State Courts, Allison E. Davis
Suffolk Journal of Trial and Appellate Advocacy

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Class Actions: How Easy Are They to Bring, and Why, Chelsey E. Turner
Suffolk Journal of Trial and Appellate Advocacy

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Editor's Note, Stephanie M. Toribio
Suffolk Journal of Trial and Appellate Advocacy

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Effective Criminal Sentencing: Analyzing the Effectiveness of the Federal Sentencing Guidelines on Career Offenders, Stephanie Marie Toribio
Suffolk Journal of Trial and Appellate Advocacy

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How Employers Can Reconcile the Tension between the Supreme Court's Holding in EEOC v. Abercrombie & Fitch Stores, Inc. and the EEOC's Guidelines Relating to Pre-Employment Inquiries, Bianca De Carvalho Munoz
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Constitutional Law - Should I Stay or Should I Go: First Circuit's Analysis of Fourth Amendment Seizure - United States v. Fields, 823 F.3D 20 (1st Cir. 2016), Connor J. Gilbert
Suffolk Journal of Trial and Appellate Advocacy

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Criminal Law and Procedure - He Said, She Said: Grand Jury Indicts Based on Hearsay in Fourteen Year-Old Sexual Assault Case-Commonwealth v. Stevenson, 50 N.E.3D 184 (Mass. 2016), Alexis Brewster
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Table of Contents, JTAA Editors
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2016

Treatment as an Individual and the Priority of Persons over Groups in Antidiscrimination Law, Patrick S. Shin
Suffolk University Law School Faculty Works

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Preserving the Integrity of the Arbitration Process: Requiring the Full and Fair Application of the Claim Preclusion Doctrine, Tiffany J. Johnson
Suffolk Journal of Trial and Appellate Advocacy

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Family Law- Letting Go and Stopping the Continuous Cycle of Litigation: Massachusetts Supreme Judicial and Limited Non-Binding Parent Coordinator Authority in Custody Cases of Minor Children - Bower v. Bournay-Bower 15 N.E.3D 745 (Mass. 2014), Kimberly T. Aquino
Suffolk Journal of Trial and Appellate Advocacy

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Warger v. Shauers: Tanner 2.0 and the Need for a Less Restrictive Interpretation of Federal Rule of Evidence 606(b) and Its Exceptions, David K. Kouroyen Jr.
Suffolk Journal of Trial and Appellate Advocacy

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Top Tens in 2015: Patent, Trademark, Copyright and Trade Secret Cases, Stephen M. McJohn
Suffolk University Law School Faculty Works

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Constitutional Law - Shocking Results: Upholding the Prohibition against the Civilian Possession of Electrical Weapons - Commonwealth v. Caetano, 26 N.E.3D 688 (Mass. 2015), Vacated and Remanded Sub Nom. Caetano v. Massachusetts, 136 S. Ct. 1027 (2016), Kevin L. Corbin
Suffolk Journal of Trial and Appellate Advocacy

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Who's Calling the Shots: Individual v. State: A Look inside the Exemption Laws and the Threats of Foregoing Vaccinations, Lyndsey B. Davis
Suffolk Journal of Trial and Appellate Advocacy

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Peeking inside the Black Box: A Preliminary Survey of Technology Assisted Review (TAR) and Predictive Coding Algorithms for Ediscovery, Shannon Brown
Suffolk Journal of Trial and Appellate Advocacy

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A Blessed Union: technology Expanding Private Conversations Exempted by Massachusetts's Spousal Disqualification Rule to Voicemail Messages, Caterina A. Sacchini
Suffolk Journal of Trial and Appellate Advocacy

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But-for Nassar, There Would Not Be a Causation Conundrum in Title VII Retaliation Litigation: How University of Texas Southwest Medical Center v. Nassar Makes It Harder for Employees to Prevail, Katherine Todd Stark
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law - the Second Amendment with a Rational Bite: Looking for a Heightened Standard of Review - Chief of Police of City of Worcester v. Holden, 26 N.E.3D 715 (Mass. 2015), Michael F. Grimes
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Lawn Sign Litigation: What Makes a Statue Content-Based for First Amendment Purposes, Leah K. Brady
Suffolk Journal of Trial and Appellate Advocacy

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Family Law - Interested Person's Lack of Advocacy Approach Awareness Prompts Motion to Intervene Denial - In Re Guardianship of B.V.G., 27 N.E.3D 842 (Mass. App. Ct. 2015), Kathryn E. Martin
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Front Matter, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Blood Relations: Analyzing Kinship Based, Gang-Related Asylum Claims under the Lens of Understanding Particular Social Groups, Maria S. Hwang
Suffolk Journal of Trial and Appellate Advocacy

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Resolving Custodial in Custodial Interrogation Pertaining to Miranda Warnings: The Balance between Individual Rights and Police Effectiveness, Jonathan D. Blanton
Suffolk Journal of Trial and Appellate Advocacy

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Table of Contents, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Daubert Debunked: A History of Legal Retrogression and the Need to Reassess Scientific Admissibility, Barbara Billauer Pfeffer
Suffolk Journal of Trial and Appellate Advocacy

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Seeing Is Believing: Should Massachusetts Courts Adopt SJC Recommendations for Eyewitness Testimony, Annabel Rodriguez
Suffolk Journal of Trial and Appellate Advocacy

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The Continuing Legacy of Enron: Whistleblowing under the Sarbanes-Oxley Act after Lawson v. FMR LLC, Allen K. Barrett
Suffolk Journal of Trial and Appellate Advocacy

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Civil Procedure - Mere Allegation of Juror Misconduct Is Sufficient to Vacate a Final Judgment - Bouret-Echevarria v. Caribbean Aviation Maintenance Corp., 784 F.3D 37 (1st Cir. 2015), Kevin J. Castodio
Suffolk Journal of Trial and Appellate Advocacy

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Editor's Note, Annabel Rodriguez
Suffolk Journal of Trial and Appellate Advocacy

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Suffolk University Law School Alumni Magazine, Winter 2016, Suffolk University Law School
Suffolk Law School Alumni Magazine

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Juvenile Law - Notice by Publication: Going Public with Confidential Information - Adoption of Zak, 32 N.E.3D 361 (Mass. App. Ct. 2015), Alyssa M. Johnson
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2015

Lose the Battle, Win the War: The Use, Dangers, and Problems Surrounding Rules 806 and 608(B), and How They Can Be Fixed, Gregory J. Gianoni
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Constitutional Law - Opening the Doggy Door for Animal Rights and Other Issues under the Emergency Aid Exception - Commonwealth v. Duncan, 7 N.E.3D 469 (Mass. 2014), Kassandra C. Tat
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law - Police Interrogation Techniques and When to Determine How Much Is Too Much - United States v. Jacques, 744 F.3D 804 (1st Cir. 2014), Anjali M. Chhatre
Suffolk Journal of Trial and Appellate Advocacy

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A Digital Albatross': Navigating the Legal Framework of Domestic Police Drone Technology versus Privacy Rights in Massachusetts and beyond, Gregory J. Galizio
Suffolk Journal of Trial and Appellate Advocacy

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A New Era in Juvenile Justice: Expanding the Scope of Juvenile Protections Through Neuropsychology, Scott Lenahan
Suffolk Journal of Trial and Appellate Advocacy

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A Patriotic Playground: Reexamining the Constitutionality of the Daily Recitation of the Pledge of Allegiance in Public Schools, Carlie S. Seigal,
Suffolk Journal of Trial and Appellate Advocacy

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Criminal Law - When Upskirting Was Not Illegal: a Court Ordered Legislative Fix - Commonwealth v. Robertson, 5 N.E.3D 522 (Mass. 2014), Joana L. Stathi
Suffolk Journal of Trial and Appellate Advocacy

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Crimes Involving Moral Turpitude: Determining Authority towards a Strictly Categorical Approach and Demonstrating Potential Plea Bargain Implications, Julia Myers
Suffolk Journal of Trial and Appellate Advocacy

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Corporate Law - Clash of the Concepts: When Fiduciary Duties Overcome Shareholder Agreement in Closely Held Corporations - Selmark Assocs., Inc. V. Ehrlich, 5 N.E.3D 923 (Mass. 2014), Miniard Culepepper Jr.
Suffolk Journal of Trial and Appellate Advocacy

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Some Speculation About Mirror Neurons and Copyright, Stephen M. McJohn
Suffolk University Law School Faculty Works

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Top Tens in 2014: Patent, Trademark, Copyright and Trade Secret Cases, Stephen M. McJohn
Suffolk University Law School Faculty Works

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Dead Money: A Posthumously Conceived Child's Inheritance Rights under the Social Security Act & State Intestacy Law, Heather LaCount
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law-First Circuit Court of Appeals Upholds a Citizen's Right to Film a Police Officer during a Traffic Stop Absent a Reasonable Restriction-Gericke v. Begin, 753 F.3D 1 (1st Cir. 2014), John J. Ryan
Suffolk Journal of Trial and Appellate Advocacy

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Bankruptcy- Is It over Even Though No One Is Singing: Determining Finality in Bankruptcy Appeals- Bullard v. Hyde Park Sav. Bank (in Re Bullard), 752 F.3D 483 (1st Cir. 2014), Corey W. Silva
Suffolk Journal of Trial and Appellate Advocacy

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The Quintessential Political Problem: Current Conditions Justifying Current Burdens and the Modern Shift in Election Law Scrutiny, Joseph P. McCarthy
Suffolk Journal of Trial and Appellate Advocacy

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Note - Not Everything That Glitters Is Gold, Misclassification of Employees: The Blurred Line between Independent Contractors and Employees under the Major Classification Tests, Julien M. Mundele
Suffolk Journal of Trial and Appellate Advocacy

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Riders on the Storm: An Analysis of Credit Card Fraud Cases, Ioana Vasiu, Lucian Vasiu
Suffolk Journal of Trial and Appellate Advocacy

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Managing Personal Device Use in the Workplace: How to Avoid Data Security Issues and the Dig Yourself out of Your Failed BYOD Policy, Andrew Freedman
Suffolk Journal of Trial and Appellate Advocacy

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2014

Top Tens in 2013: Patent, Trademark, Copyright and Trade Secret Cases, Stephen M. McJohn
Suffolk University Law School Faculty Works

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Criminal Law - Voir Dire and Dishonesty - When a Verdict Should Be Set Aside Because of Juror Dishonesty at Voir Dire - Sampson v. United States, Brian P. Kelley
Suffolk Journal of Trial and Appellate Advocacy

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Mandatory Provision of Written Copies of Jury Instructions to Retiring Juries in Criminal Trials in Massachusetts, Elizabeth A. Tashash
Suffolk Journal of Trial and Appellate Advocacy

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Which Weight Matters in Drug Offense Cases, Joanna Keenan
Suffolk Journal of Trial and Appellate Advocacy

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Evidence-Testimonial Statements and Unavailable Child Witnesses: Why the Cognitive Awareness of the Child-Declarant Should Be the Determinative Factor in Defining an Ongoing Emergency - Commonwealth v. Allshouse, Gemma R. Ypparila
Suffolk Journal of Trial and Appellate Advocacy

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A Victimless Crime: How the Interplay of the Demand Requirement and the Government's Fight against Corruption Is Injuring Shareholders, David Bastian
Suffolk Journal of Trial and Appellate Advocacy

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A Circumstantial Defense: Determining the Applicability of the Good Faith Defense for Campus Security in Sec. 1983 Cases, Lacey Perkins
Suffolk Journal of Trial and Appellate Advocacy

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Editor's Note, Luke J. Rosseel
Suffolk Journal of Trial and Appellate Advocacy

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Table of Contents, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Masthead, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law - What Constitutes an Objectively Unreasonable Reaction - Tolan v. Cotton, Matthew R. O'Connor
Suffolk Journal of Trial and Appellate Advocacy

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Massachusetts Statutes of Limitations: A User Guide, Joseph W. Glannon
Suffolk Journal of Trial and Appellate Advocacy

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Front Matter, JTAA Editors
Suffolk Journal of Trial and Appellate Advocacy

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The GPL Meets the UCC: Does Free Software Come with a Warranty of No Infringement of Patents and Copyrights?, Stephen M. McJohn
Suffolk University Law School Faculty Works

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Power, Control, Cigarettes, and Gum: Whether and Inmate's Consent to Engage in a Relationship with a Correctional Officer Can Be a Defense to the Inmate's Allegation of a Civil Rights Violation under the Eighth Amendment, Jackson M. Jones
Suffolk Journal of Trial and Appellate Advocacy

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Immigration Law - Convicted as a Kid, Deported as an Adult: Conviction under State Youth Offender Act Predicates Aspiring American's Deportation - Cole v. U.S. Att'y Gen., Shirin Afsous
Suffolk Journal of Trial and Appellate Advocacy

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Document Automation Software: Solving the Dichotomy Between Meeting Attorney's Financial Needs and Ethical Obligations, Tejas G. Patel
Suffolk Journal of Trial and Appellate Advocacy

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Family Law - Child Custody for the Non-Biological Parent When a Same-Sex Relationship Deteriorates - Hunter v. Rose, Linden K. Nash
Suffolk Journal of Trial and Appellate Advocacy

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Size Matters: Big Tobacco and the Federal Government Just over New Cigarette Warning Labels, Paul A. Schmid
Suffolk Journal of Trial and Appellate Advocacy

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Don't Discriminate against Distinct Or Highly Personal Harms: An Analysis of Section 717 of Title VII Pertaining to Preemption of Alternative Theories of Recovery by Federal Employees, Robert M. Mahoney
Suffolk Journal of Trial and Appellate Advocacy

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Taxpayer Beware: A Jurisdictional Examination of Deference Owed to Revenue Rulings and the Case for Congressional Action, Colin Barrett
Suffolk Journal of Trial and Appellate Advocacy

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The Ultra Sound-off: The Ultrasound Mandate Debate and a Litigator's Guide to Overcoming Obstacles to a Woman's Right to Abortion, Kimberly A. Prior
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law - Don't Take Your Guns to Town: Maryland's Good-and-Substantial-Reason Requirement for Handgun Permits Passes Intermediate Scrutiny - Woollard v. Gallagher, Lincoln A. Rose
Suffolk Journal of Trial and Appellate Advocacy

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The Individual Mandate - A Tax in Penal Clothing - Ought the Judges to Close Their Eyes on the Constitution, and Only See the Law, Luke J. Rosseel
Suffolk Journal of Trial and Appellate Advocacy

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2013

Evidence - Present Sense and Common Sense: Stretching the 803(1) Hearsay Exception to Its Limits - United States v. Hieng, 679 F.3D 1131 (9th Cir. 2012), Christopher Lynett
Suffolk Journal of Trial and Appellate Advocacy

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The Case of the Missing Case: Stewart v. Abend and Fair Use Law, Stephen M. McJohn
Suffolk University Law School Faculty Works

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Administrative Law - United States Entitled to Sovereign Immunity under the Foreign Intelligence, Sammy Nabulsi Suhail
Suffolk Journal of Trial and Appellate Advocacy

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The Doctrine of Harmless Error in Criminal Cases in Massachusetts, Amanda M. Chaves
Suffolk Journal of Trial and Appellate Advocacy

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Criminal Law - Duress: No Defense to Murder: - Commonwealth v. Vasquez, 971 N.E.2D 783 (Mass. 2012), George K. Bullen
Suffolk Journal of Trial and Appellate Advocacy

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Beyond the Embryonic Stage: Younger v. Harris and Proceedings of Substance on the Merits in the Context of Preliminary Injunctive Relief, Jarrod L. Schaeffer
Suffolk Journal of Trial and Appellate Advocacy

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Defining Patent Eligibility by Extrapolating the Judicial Outlook of Software onto Biotechnology Patents, Joanna M. Grigas
Suffolk Journal of Trial and Appellate Advocacy

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Punishing and Deterring the Unknowing: Mandatory Treble Damages under the Massachusetts Wage Act, Rebekah D. Provost
Suffolk Journal of Trial and Appellate Advocacy

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Thinking outside of the Box: Why Prisons Are Only Part of the Solution, John C. Rapone
Suffolk Journal of Trial and Appellate Advocacy

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Criminal Law - Terry Searches Predicated on Nothing More than Reasonable Suspicion That a Suspect Is Armed and Dangerous - United States v. House, 463 F. App'x 783 (10th Cir. 2012), David Cashman
Suffolk Journal of Trial and Appellate Advocacy

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Crumbling Patchwork: Massachusetts's Efforts to Fill the Gaps Left by Crawford are now Redundant, Christopher J. Fiorentino
Suffolk Journal of Trial and Appellate Advocacy

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Waiting for John Doe: The Practical and Constitutional Implications of DNA Indictments, Daniel Gaudet
Suffolk Journal of Trial and Appellate Advocacy

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Say What: Confusion in the Courts over What Is the Proper Standard of Review for Hearsay Rulings, Todd J. Bruno
Suffolk Journal of Trial and Appellate Advocacy

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The Gun-Shy Commonwealth: Self-Defense and Concealed Carry in Post-Heller Massachusetts, Megan Ruebsamen
Suffolk Journal of Trial and Appellate Advocacy

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Family Law - Expanding Trail Courts' Authority to Create Contracts during the Equitable Division of Property in a Divorce Action - Cesar v. Sundelin, 967 N.E.2D 171 (Mass. App. Ct. 2012), Lindsay Potter
Suffolk Journal of Trial and Appellate Advocacy

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Papadopoulos v. Target: Finally Melting Away the Century-Old Natural Accumulation Standard in Massachusetts, Kayla M. Savasta
Suffolk Journal of Trial and Appellate Advocacy

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2012

Swept under the Rug: the Brady Disclosure Obligation in a Pre-Plea Context, Daniel Conte
Suffolk Journal of Trial and Appellate Advocacy

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Top Tens in 2011: Patent, Trademark, Copyright and Trade Secret Cases, Stephen M. McJohn
Suffolk University Law School Faculty Works

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Top Tens in 2012: Patent, Trademark, Copyright and Trade Secret Cases, Stephen M. McJohn
Suffolk University Law School Faculty Works

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Raise Or Lose: Appellate Discretion and Principled Decision-Making, Tory A. Weigand
Suffolk Journal of Trial and Appellate Advocacy

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Criminal law - New Evidence in Gateway Claim of Actual Innocence Requires Evidence Not Previously Available at Trail - Kidd v. Norman, 651 F.3D 947 (8th Cir. 2011), David Cashman
Suffolk Journal of Trial and Appellate Advocacy

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The Disadvantaged Plaintiff: Is It Time to Revisit the Foreign Sovereign Immunities Act, Matthew Engellenner
Suffolk Journal of Trial and Appellate Advocacy

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Play through the Whistle: the Scope of Anti-Retaliation Protection for Employee Complaints Pursuant to Erisa Section 510, James Coughlin
Suffolk Journal of Trial and Appellate Advocacy

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Criminal Law - Failed the Breathalyzer: Just Contest the Location of the Stop - Commonwealth v. Virgilio, 947 N.E.2D 1112 (Mass. App. Ct. 2011), Jillise Ketcham
Suffolk Journal of Trial and Appellate Advocacy

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Outpatient Commitment: The Role of Counsel in Preserving Client Autonomy, R. A. Bernfeld
Suffolk Journal of Trial and Appellate Advocacy

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Compelling Disclosure of Facebook Content under the stored Communications Act, Allen D. Hankins
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law - Revising the Application of Tinker and Fraser in the Age of the Internet - J.S. Ex Rel. Snyder v. Blue Mountain School District, 650 F.3D 915 (3D Cir. 2011), Christopher Lynett
Suffolk Journal of Trial and Appellate Advocacy

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Closing the Loophole in Massachusetts Protection Order Legislation to Provide Greater Security for Victims of Sexual Assault: Has Massachusetts General Laws Chapter 258E Closed it Enough, Hayley Jodoin
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law - In Protecting One's Right to Speak, the First Amendment Also Protects One's Right to Lie - 281 Care Committee v. Arneson, 638 F.3D 621 (8th Cir. 2011), Jaclyn McNeely
Suffolk Journal of Trial and Appellate Advocacy

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CAFA's Impact on Forum Shopping and the Manipulation of the Civil Justice System, Kalee DiFazio
Suffolk Journal of Trial and Appellate Advocacy

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Firearms Identification: The Need for a Critical Approach to, and Possible Guidelines for, the Admissibility of Ballistics Evidence, Bonnie Lanigan
Suffolk Journal of Trial and Appellate Advocacy

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Claim Accrual under the Federal Tort Claims Act: When Should Claimants File Suit against the Federal Bureau of Investigation for Tort Liability, Caitlin A. Romasco
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law - Seventh Circuit Denies Sovereign Immunity Defense to Counterclaims for Appealing State Agency - Board of Regents of the University of Wisconsin System v. Phoenix International Software, Inc., 653 F.3D 448 (7th Cir. 2011), Daniel S. Tyler
Suffolk Journal of Trial and Appellate Advocacy

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Criminal Law - Use of Equitable Tolling to Enforce Violations of Supervised Release after Original Term Has Expired - United States v. Buchanan, 638 F.3D 448 (4th Cir. 2011), Eric Speed
Suffolk Journal of Trial and Appellate Advocacy

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A Question of Taste: Touchstones for Determining the Certifiability of Classwide Claims for Declaratory and Injunctive Relief under Rule 23 of the Federal Rules of Civil Procedure, Randy D. Gordon
Suffolk Journal of Trial and Appellate Advocacy

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2011

The Testimonial Nature of Multidisciplinary Team Interviews in Massachusetts: Applying Crawford to the Child Declarant, Laura E. Ruzzo
Suffolk Journal of Trial and Appellate Advocacy

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Leading by Example: Why the First Circuit Should Adopt a Medical Peer-Review Privilege, Jared M. Levin
Suffolk Journal of Trial and Appellate Advocacy

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Civil Procedure - Supreme Court's Vaden Decision regarding Federal Question Jurisdiction Does Not Apply to Diversity Jurisdiction - Northport Health Services of Arkansas, LLC v. Rutherford, 605 F.3d 483 (8th Cir. 2010), Joseph D. Picozzi
Suffolk Journal of Trial and Appellate Advocacy

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Work Product Protection, Tax Accrual Documents, and United States v. Textron, Inc.: Why the First Circuit Got It Right for the Wrong Reasons, Stacey Roberts
Suffolk Journal of Trial and Appellate Advocacy

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The Limits of Extraordinary Power: A Survey of First-Degree Murder Appeals under Massachusetts General Laws Chapter 278, Section 33E, Stephanie Hartung Roberts
Suffolk Journal of Trial and Appellate Advocacy

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Leverage: Review of Burk & Lemley, 'The Patent Crisis and How the Courts Can Solve It', Stephen M. McJohn
Suffolk University Law School Faculty Works

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Thirty Two Short Stories About Intellectual Property, Stephen M. McJohn, Lorie Graham
Suffolk University Law School Faculty Works

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Top Tens in 2010: Patent, Trademark, Copyright and Trade Secret Cases, Stephen M. McJohn
Suffolk University Law School Faculty Works

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Lights, Camera, Mistrial: Conflicting Federal Court Local Rules and Conflicting Theories on the Aggregate Effect of Cameras on Courtroom Proceddings, Jacob Marvelley
Suffolk Journal of Trial and Appellate Advocacy

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Constitutional Law - Permitting Blanket Strip-Search Policies for All Arrestees Entering General Jail Population - Florence v. Board of Chosen Freeholders of Burlington County, 621 F.3D 296 (3D Cir. 2010), Michael Beler
Suffolk Journal of Trial and Appellate Advocacy

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Arbitration - United States Supreme Court Sounds the Death Knell for Class Arbitration - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., 130 S. Ct. 1758 (2010), Keerthi Sugumaran
Suffolk Journal of Trial and Appellate Advocacy

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The Naked Truth: An In-Depth Look into the Question of Hearsay Admissibility at Probation Violation Hearings in Massachusetts, the Application of Rule 6, and What It All Means for the Future of the Massachusetts Probation System, Ashley Wirth
Suffolk Journal of Trial and Appellate Advocacy

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Rethinking the Additur Question in Federal Courts, Joseph R. Posner
Suffolk Journal of Trial and Appellate Advocacy

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Editor's Note, Matthew E. Christoph
Suffolk Journal of Trial and Appellate Advocacy

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