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If a Lone Pine Falls in the Sixth Circuit And No One Hears it, Does it Make a Sound?
Multidistrict litigation (MDL) has been described both as a “just and efficient” method of consolidating lawsuits and a judicial hell-hole akin to “the third level of Dante’s inferno.” While its normative value likely falls somewhere in the middle, it is no secret that multidistrict litigation involves “unorthodox” civil procedure. Judges attempting to wrangle the “Wild…
Reasonably Outrageous? Tort Standards for a Polarized Body Politic
Despite the grave injuries suffered by individuals during the Capitol Hill riot, the context in which the riot originated may actually render IIED an inviable cause of action under extant case law. Against the backdrop of weeks—if not years—of polemic political discourse and alt-right protests, was the violence of January 6th actually outrageous? It certainly wasn’t unexpected, at least to those who had been paying attention…
The Corporate Commonwealth: Reconceiving Our Metaphors for Business in Society
MarketWatch made a startling error when it reported last year that Amazon’s Climate Pledge, created as a corporate commitment to carbon neutrality, had secured signatories like Microsoft and Unilever. Amazon’s Climate Pledge is measured against (and competes with) the timeline of the Paris Climate Agreement, a treaty from which the United States notably began its…
Are Secret Juries Bad for Black People?
The Dalai Lama said that “a lack of transparency results in distrust and a deep sense of insecurity.” If that’s right, Black people should have immense distrust in our jury system and should feel insecure in the notion that it can deliver justice. Transparency is a necessary cornerstone of a well-functioning democracy. In the words…
Eviction Tidal Wave: California’s Failure to Adequately Protect Tenants & Why We Need to Cancel Rent Now
As of December 2020, almost 1.9 million California tenants were behind on their rent, owing upwards of $1.67 billion to their landlords. Eviction cases in the state are projected to double over the next year. The individuals and families who are most at risk of mass displacement and crushing debt come from low-income, Black and…