Articles

By Matthew D. Cain & Steven Davidoff Solomon. ABSTRACT: We theorize a multi-dimensional picture of jurisdictional competition for corporate litigation. We test this theory by examining merger litigation in a hand-collected sample of 1117 takeovers from 2005 to 2011. We find evidence of state competition for merger litigation. Entrepreneurial plaintiffs’ attorneys drive this competition by bringing suits in jurisdictions which have previously awarded more favorable judgments and higher fees and by avoiding unfavorable jurisdictions. States with an apparent interest in attracting corporate litigation respond in-kind by adjusting judgments and awards to re-attract litigation. These states award higher attorneys’ fees and dismiss fewer cases when attorneys have been migrating to other jurisdictions. Our findings illuminate the dynamics and existence of jurisdictional competition for corporate litigation.
By Nathan B. Oman. "This Essay has three goals. The first is to provide a basic narrative of postwar Mormon expansion, identifying the basic periods and major developments. The second is to summarize the main legal issues provoked by this expansion. The scholarship on Mormon legal history has overwhelmingly focused on the 19th-century experience of the Latter-day Saints, resulting in general agreement about the basic structure of the narrative. We can divide the period between the lifetime of Mormonism’s founder, Joseph Smith, and the subsequent legal experience of the Church in Utah. During Smith’s lifetime, his personal difficulties dominate the story, particularly in the highstakes legal maneuvering in Nauvoo, Illinois, which ultimately led to his murder; but once in Utah, the legal story focuses on the efforts of the Mormons to create an independent commonwealth and the struggle with the federal government over polygamy. There is no similar narrative for Mormon legal experience in the 20th century. This Essay fills this gap by providing an overview of the legal issues involved in the post-war international expansion of the Church. The third goal is to advance an argument about the relationship between this legal experience and the development of Mormon discourse in the last half of the 20th century."
By Cody Elyse Brookhouser. ABSTRACT: This Note argues that, of the tests currently used by circuit courts to determine who constitutes an “employee” under the Fair Labor Standards Act, the Supreme Court should clarify that the totality of the circumstances test is most consistent with its decision in Walling v. Portland Terminal Co. This issue calls for clarity in light of the influx of litigation surrounding unpaid internships—most prominently, the recent decision in Glatt v. Fox Searchlight Pictures Inc. With this growth in litigation, employers and interns alike deserve a uniform approach in determining “employee” status under the Fair Labor Standards Act.
By Daniel J. Bussel. Responding to Brook E. Gotberg, Conflicting Preferences in Business Bankruptcy: The Need for Different Rules in Different Chapters.

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