Aug 4, 2010 | Case Comments, Number 4, Print Edition, Volume 43
Section 704(a) of the Civil Rights Act of 1964 (Title VII) creates a cause of action for retaliation against claims of discrimination in the employment context. To prevail in a Title VII retaliation claim, a plaintiff must prove that he or she engaged in Title VII...
Aug 4, 2010 | Case Comments, Number 4, Print Edition, Volume 43
Although their application is no longer mandatory, the United StatesSentencing Guidelines (USSG) still serve an important role in determining a defendant’s sentence after conviction and whether a trial judge will accept a negotiated plea agreement. Once imposed, a...
Aug 4, 2010 | Case Comments, Number 4, Print Edition, Volume 43
Although Delaware statutory law entrusts a corporation’s board of directors with the power to manage the corporation’s business and affairs, fiduciary duties severely circumscribe the authority allocated to the board. Such duties are essential to safeguard the...
Aug 4, 2010 | Case Comments, Number 4, Print Edition, Volume 43
In Massachusetts, the legislature has long considered the act of reselling tickets for profit, or “ticket scalping,” as harmful to the public and thus has kept the practice heavily regulated. Accordingly, it is illegal for a ticket reseller to charge consumers a...
Aug 4, 2010 | Case Comments, Number 4, Print Edition, Volume 43
Article III of the United States Constitution (Article III) explicitly limits the jurisdiction of the federal courts to deciding only “cases” and “controversies.” Although the United States Supreme Court has interpreted Article III as implicitly requiring prospective...
Aug 4, 2010 | Case Comments, Number 4, Print Edition, Volume 43
The Federal Arbitration Act (FAA) ensures judicial enforcement and validity of private arbitration agreements. Section 7 of the FAA is the only section that deals with discovery, and grants arbitration panels the authority to summon persons before the panel as...