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Articles 1 - 8 of 8
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House Follies, Christopher M. Fairman
Competing And Complementary Rule Systems: Civil Procedure And Adr, Jean R. Sternlight, Judith Resnik
Competing And Complementary Rule Systems: Civil Procedure And Adr, Jean R. Sternlight, Judith Resnik
Notre Dame Law Review
No abstract provided.
Procedure As Contract, Judith Resnik
Procedure As Contract, Judith Resnik
Notre Dame Law Review
During much of the twentieth century, civil processes in the United States relied on a conceptual framework anchored in the constitutional and common law of due process. More recently, the case law looks to doctrines of contract and agency law to enforce contracts to preclude litigation and to encourage the entry of contracts to conclude litigation. While “bargaining in the shadow of the law” is a phrase often invoked, bargaining is increasingly a requirement of the law of conflict resolution, both civil and criminal. Therefore, analyses of the meaning of agreements, familiar features of the law of contract, are becoming …
Foreword: Love It Or Leave It; An Examination Of The Need For And Structure Of A Class Action Rule In Mississippi, Deborah Challener
Foreword: Love It Or Leave It; An Examination Of The Need For And Structure Of A Class Action Rule In Mississippi, Deborah Challener
Journal Articles
Given Mississippi's unique status as the only state without a class action rule, the recent developments in Mississippi joinder law, and the suggestions in Armond and Bailey that Mississippi should adopt a class action rule, scholars and practitioners from around the country gathered in Jackson, Mississippi on February 18, 2005, to debate two issues. First, should Mississippi now adopt a class action rule? Second, how should such a rule be structured? The articles in this Symposium represent the final written product of this debate. This Foreword organizes the articles by issue, provides an overview of each article, and identifies key …
Procedural Rules For Complementary Systems Of Litigation And Mediation - Worldwide, Ellen E. Deason
Procedural Rules For Complementary Systems Of Litigation And Mediation - Worldwide, Ellen E. Deason
Notre Dame Law Review
No abstract provided.
Class Actions And Limited Vision: Opportunities For Improvement Through A More Functional Approach To Class Treatment Of Disputes, Jeffrey W. Stempel
Class Actions And Limited Vision: Opportunities For Improvement Through A More Functional Approach To Class Treatment Of Disputes, Jeffrey W. Stempel
Scholarly Works
This Article describes the evolution of the perception of the modern class action from populist darling to greedy lawyer pariah, including recent passage of CAFA. It then examines the degree to which different types of cases present different potential benefits and detriments of class action treatment and explains why investor class actions, including those brought by institutional investors, are particularly likely to benefit from class treatment, are resistant to many of the perceived problems of class actions in other contexts, and should receive a warmer welcome from courts, both in absolute terms and relative to other types of class actions. …
Foreward: Competing And Complementary Rule Systems: Civil Procedure And Adr, Jean R. Sternlight
Foreward: Competing And Complementary Rule Systems: Civil Procedure And Adr, Jean R. Sternlight
Scholarly Works
This is a foreword to articles submitted as part of the Association of American Law School’s Symposium during at the January 2004 AALS’s Annual Meeting in Atlanta, Georgia entitled "Competing or Complementary Rule Systems? Adjudication, Arbitration and the Procedural World of the Future." The session brought together panelists whose expertises ranged across the academy. The legal academics were joined by the federal district judge now chairing the committee charged by the Judicial Conference of the United States to draft federal civil procedural rules. The stimulating session reflected on the relationship between litigation and non-litigation approaches to dispute resolution. Participants explored …
Brave New World: U.S. Responses To The Rise In International Crime - An Overview, John F. Murphy
Brave New World: U.S. Responses To The Rise In International Crime - An Overview, John F. Murphy
Villanova Law Review
No abstract provided.