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A View From the Bench and the Trench(es) in Response to Judge Matthewman’s New Paradigm for EDiscovery: It’s More Complicated

Andrew Jay Peck

Abstract Response to William Matthewman, Towards a New Paradigm for E-Discovery in Civil Litigation: A Judicial Perspective We need more judges like my friend Judge William “Bill” Matthewman, who are willing to reflect on eDiscovery, not as a nuisance to be avoided, but in a thoughtful manner to advance the aims of Rule 1, for […]

Mission (Im)possibility: Determining When Mandamus is an Appropriate Remedy to Address Agency Delay or Inaction

Faith Proper

Abstract Judicial review of administrative agency delay or inaction presentsdelicate questions about, and potent opportunities to define, the balanceof power within the American system of governance. Recently, asignificant backlog of Medicare appeals for healthcare providers hasspawned litigation, with providers asking the courts to address agencydelay by compelling action through a writ of mandamus. Though relyingon […]

Implications of the Third-Party Doctrine: The New Age of Digital Data and Carpenter

Chelsea Ann Padgett

Abstract This Note addresses cell-site location information and the third-partydoctrine while deeply analyzing the U.S. Supreme Court’s recentdecision in Carpenter v. United States. This case has proven itself quiteuninformative as it left the third-party doctrine in a state of disarray andconfusion. This Note argues that there is no Fourth Amendmentprotection for information held and developed […]

Litigation Blues for Red-State Trusts: Judicial Construction Issues for Wills and Trusts

Lee-ford Tritt

Abstract Will construction—the process wherein a trier of fact must determinethe testator’s probable intent because the testator’s actual intent is notclear—is too little discussed and too often misunderstood in successionlaw jurisprudence. Yet, construction issues are becoming increasinglyimportant due to a growing number of will and trust disputes concerningthe determination of beneficiaries in a post-Obergefell United […]

Relationships and Retaliation in the #MeToo Era

Nicole Buonocore Porter

Abstract In this #MeToo era, so much important work is being done (and somany stories are being told and listened to), but very little of the workfocuses on retaliation. And none of the work focuses on situations wherethe fear of retaliation is not necessarily job loss (although that certainlyhappens) but rather, it is the fear […]

Circumventing Standing to Appeal

Ryan W. Scott

Abstract The requirement of standing to sue in federal court is familiar, but therelated requirement of standing to appeal within the Article III judiciaryis badly undertheorized. The Supreme Court’s opinions suggest (at least)four constitutional rationales. Standing to appeal might serve the samefunctional purposes as standing to sue, or it might follow from the factthat appeals […]