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Most Recent Print Issue

Volume 70, Issue 2 

Published May 2021

ARTICLE

Take Note: Teaching Law Students to be Responsible Stewards of Technology
Kristen E. Murray

The modern lawyer cannot practice without some deployment of technology; practical and ethical obligations have made technological proficiency part of what it means to be practice-ready. These obligations complicate the question of what constitutes best practices in law school. [Continue reading here.]

ARTICLE

Child Support and Joint Physical Custody
by Raymond C. O’Brien

Child custody has evolved to the point where, at a minimum, states provide a mediated process by which parents may formulate parenting plans with court-appointed assistance. At a maximum state legislatures and courts increasingly consider joint physical custody awards. rifts from one to the other soon after the court order. [Continue reading here].

ARTICLE

The Federal Rule of Civil Procedure 37(e) and Achieving Uniformity of Case Law on Sanctions For ESI Spoliation: Focusing on the “Intent To Deprive” Culpability Under Rule 37(e)(2)
by Jung Won Jun & Rockyoun Ihm

Federal Rule of Civil Procedure 37(e) was adopted in 2015 primarily to resolve the circuit split and promote uniformity of case law on ESI (electronically stored information) spoliation sanctions. This Article examines relevant case law under the new Rule 37(e)... [Continue reading here.]

ARTICLE

The Essentially-at-Home Requirement for General Jurisdiction: Some Embarrassing Cases
by David Crump

In Daimler AG v. Baumann, the Supreme Court held that general jurisdiction does not exist unless the defendant is “essentially at home” in the forum. It offered two examples of places fitting this description but gave little further guidance or justification. A metaphor, such as essentially at home, is a bad way to express a legal standards, because the essence of a metaphor is that it substitutes one reality for another, creating a deliberate confusion. [Continue reading here.]

COMMENT

Whose Highest and Best? Including Economic Development and Individual Landownership in the Highest and Best Use Standard
by Brigid Sawyer

Real property is a finite resource. As a result, two theories of land use most frequently in tension are economic development and individual land ownership. In tracing key places in American history where these two theories conflict, it is seen that economic development is often prioritized over individual land ownership. [Continue reading here]. .  

COMMENT

Can the Liquidity Rule Keep Mutual Funds Afloat? Contextualizing the Collapse of Third Avenue Management Focused Credit Fund
By Nicolas Valderrama

In 2016, the Securities and Exchange Commission adopted Rule 22e-4 (the “Liquidity Rule”) under the Investment Company Act of 1940, as amended, and related reporting and disclosure requirements. One industry analyst described the Liquidity Rule’s objective as making sure that mutual funds implement “effective.… [Continue reading here]. 

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