Lessons in Diversity Jurisdiction from the First Circuit
May 15, 2017Archives . Authors . Blog News . Feature . Policy/Contributor Blogs . Recent Stories . Uncategorized ArticleThe importance of subject-matter jurisdiction is axiomatic in federal courts. Parties must either get to federal court via a federal question or on the basis of diversity of citizenship. Given the centrality of subject-matter jurisdiction, Federal Rule of Civil Procedure 12(h)(3) mandates that cases that lack subject-matter jurisdiction must be dismissed. Even when issues of
Microsoft v. Baker
April 28, 2017Archives . Authors . Blog News . Issue Spotters . Recent Stories . Student Blogs ArticleWithout the class action, many consumers would have no practical remedy for damages suffered no matter how good a claim they may have. For instance, when a consumer believes he is sold a faulty Xbox 360 that damages his $30 videogame disc, it makes no sense for him to pay the $400 filing fee to
Dairy Farmers & a Missing Comma: O’Connor v. Oakhurst Dairy
April 9, 2017Archives . Blog News . Feature . Feature Img . Recent Stories ArticleA missing comma caused much consternation over the meaning of a state’s employment laws at the First Circuit recently. In a March 13, 2017 decision, the appellate court worked overtime to analyze Maine’s Wage and Hour Law and a specific statutory exemption that would apply to drivers of enumerated food products. Specifically, this exemption noted that
Electoral College: Outdated, but Here to Stay
March 26, 2017Archives . Authors . Blog News . Feature . Feature Img . Recent Stories . Student Blogs ArticleThe recent election has brought the United States’ presidential voting system, the Electoral College, into the limelight. Through this system, each state is awarded a number of electoral votes based on its number of representatives in Congress. In all states except Maine and Nebraska, the presidential candidate who wins the popular vote in that state
Legal Protection of a Digital Resurrection
March 8, 2017Archives . Authors . Blog News . Feature . Feature Img . News Stories 2014-2015 . Policy/Contributor Blogs . Recent Stories . Student Blogs ArticleNot long ago, the death of an actor also meant the death of his or her characters. If the actor died before filming was complete, there may have been no other choice but to scrap the movie altogether. Now, however, advances in technology have made it possible to digitally “resurrect” actors, thereby potentially saving both
The Chase for 75%: The History of Steroids and Stigma in Baseball
March 8, 2017Archives . Authors . Blog News . Feature . Feature Img . News Stories 2014-2015 . Policy/Contributor Blogs . Recent Stories . Student Blogs ArticleFrom the seven-year old player on a Little League team to the Major Baseball League’s most decorated hitter, all baseball players have the same dream: to make it to Cooperstown, the illustrious Baseball Hall of Fame. Each year, the Baseball Writers’ Association of America votes on a list of eligible players for induction into the
A Slap on the Wrist for Domestic Abuse in Russia
February 26, 2017Archives . Authors . Blog News . Feature . Feature Img . News Stories 2014-2015 . Recent Stories . Student Blogs ArticleThere is a Russian proverb that reads: “If he beats you it means he loves you.” On January 27, 2017, Russia’s Parliament voted 380-3 to decriminalize domestic violence. This would remove criminal liability in cases where the violence does not cause “substantial bodily harm” and does not occur more than once a year. The rationale
Are the FTC’s Regulations of Social Media Influencers Sufficient?
February 8, 2017Archives . Authors . Blog News . Feature . Feature Img . News Stories 2014-2015 . Policy/Contributor Blogs . Professor Blogs . Recent Stories . Student Blogs ArticleUsing celebrities to sell products is hardly a new or innovative practice. Throughout time, celebrities have endorsed almost every product imaginable, from clothing and makeup to cars, credit cards, food, and even milk. This practice has been so consistent over time because, put simply, it is effective: brands are willing to spend whatever it takes
Trump’s Muslim Immigration Ban – Concerning but Likely Constitutional
February 8, 2017Archives . Authors . Blog News . Feature . Feature Img . News Stories 2014-2015 . Policy/Contributor Blogs . Professor Blogs . Recent Stories . Student Blogs ArticlePresident Trump has recently signed an executive order, titled “Protecting the Nation from Terrorist Attacks by Foreign Nationals,” that restricts visits and immigration from seven Muslim-majority countries: Iraq, Libya, Somalia, Sudan, Syria, Yemen, and Iran. Trump’s executive order has sparked widespread protest and backlash from Muslim support groups, and has routinely been characterized as “racist.”
Animal Advocacy During The Trump Administration
February 7, 2017Archives . Authors . Blog News . Feature . Feature Img . Policy/Contributor Blogs . Professor Blogs . Recent Stories . Student Blogs ArticleMany animal advocates opposed the election of Donald Trump. The Humane Society called a Trump presidency “a threat to animals everywhere.” Kathleen Parker, a columnist for the Washington Post, warned of Trump’s “anti-animal animus.” The reality is more nuanced. While Trump seems likely to roll back some legal protections for animals, the change in administration