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Articles 1 - 30 of 130
Full-Text Articles in Law
The Phantasm Of Principle, Wilfred Codrington Iii
The Phantasm Of Principle, Wilfred Codrington Iii
Faculty Scholarship
No abstract provided.
Civil Procedure Update 2022 (Handout And Slide Deck), Verónica C. Gonzales-Zamora, Julio C. Romero
Civil Procedure Update 2022 (Handout And Slide Deck), Verónica C. Gonzales-Zamora, Julio C. Romero
Faculty Scholarship
This presentation aims to 1) review recent amendments to the state and federal rules of civil procedure; 2) help you understand the impact of recent federal and state published opinions interpreting and applying the rules of civil procedure; and 3) assess your understanding of the updates.
The Field Of State Civil Courts, Anna E. Carpenter, Alyx Mark, Colleen F. Shanahan, Jessica K. Steinberg
The Field Of State Civil Courts, Anna E. Carpenter, Alyx Mark, Colleen F. Shanahan, Jessica K. Steinberg
Faculty Scholarship
This symposium Issue of the Columbia Law Review marks a moment of convergence and opportunity for an emerging field of legal scholarship focused on America’s state civil trial courts. Historically, legal scholarship has treated state civil courts as, at best, a mere footnote in conversations about civil law and procedure, federalism, and judicial behavior. But the status quo is shifting. As this Issue demonstrates, legal scholars are examining our most common civil courts as sites for understanding law, legal institutions, and how people experience civil justice. This engagement is essential for inquiries into how courts shape and respond to social …
A Tale Of Two Civil Procedures, Pamela K. Bookman, Colleen F. Shanahan
A Tale Of Two Civil Procedures, Pamela K. Bookman, Colleen F. Shanahan
Faculty Scholarship
In the United States, there are two kinds of courts: federal and state. Civil procedure classes and scholarship largely focus on federal courts but refer to and make certain assumptions about state courts. While this dichotomy makes sense when discussing some issues, for many aspects of procedure this breakdown can be misleading. Two different categories of courts are just as salient for understanding American civil justice: those that routinely include lawyers and those where lawyers are fundamentally absent.
This Essay urges civil procedure teachers and scholars to think about our courts as “lawyered” and “lawyerless.” Lawyered courts include federal courts …
The Democratic (Il)Legitimacy Of Assembly-Line Litigation, Jessica K. Steinberg, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark
The Democratic (Il)Legitimacy Of Assembly-Line Litigation, Jessica K. Steinberg, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark
Faculty Scholarship
Millions of debt cases are filed in the civil courts every year. In debt actions, asymmetrical representation is the norm, with the plaintiff almost always represented by counsel and the defendant very rarely so. A number of jurisdictions report that up to ninety-nine percent of defendants in debt cases appear pro se — a figure that calls into question the basic legitimacy of these proceedings.
Professor Daniel Wilf-Townsend’s central contribution to the literature on debt collection, and state civil justice more broadly, is to demonstrate through sophisticated empirics what has long been anecdotally reported: that a cluster of corporate plaintiffs …
Civil Procedure Update 2021: New Mexico Annual Judicial Conclave, Verónica Gonzales-Zamora
Civil Procedure Update 2021: New Mexico Annual Judicial Conclave, Verónica Gonzales-Zamora
Faculty Scholarship
These materials are part of a presentation on civil procedure given to magistrate, district, appellate, and tribal court judges, justices, and staff attorneys in New Mexico courts. These materials include the language of approved and proposed amendments to the state and federal rules of civil procedure as well as summaries of relevant appellate cases issued by the New Mexico Supreme Court and Court of Appeals, the Supreme Court of the United States, and the Supreme Court of the Navajo Nation between May 1, 2021 to September 1, 2021.
Civil Procedure Update 2021 (Handout And Slide Deck), Verónica Gonzales-Zamora, Julio C. Romero
Civil Procedure Update 2021 (Handout And Slide Deck), Verónica Gonzales-Zamora, Julio C. Romero
Faculty Scholarship
This presentation aims to 1) review recent amendments to the state and federal rules of civil procedure; 2) help you understand the impact of recent federal and state published opinions interpreting and applying the rules of civil procedure; and 3) assess your understanding of the updates.
Police Reform Through A Power Lens, Jocelyn Simonson
Police Reform Through A Power Lens, Jocelyn Simonson
Faculty Scholarship
No abstract provided.
Civil Procedure Update 2020: New Mexico Annual Judicial Conclave, Verónica C. Gonzales-Zamora, George Bach
Civil Procedure Update 2020: New Mexico Annual Judicial Conclave, Verónica C. Gonzales-Zamora, George Bach
Faculty Scholarship
These materials are part of a presentation on civil procedure given to magistrate, district, appellate, and tribal court judges, justices, and staff attorneys in New Mexico courts. These materials include the language of approved and proposed amendments to the state and federal rules of civil procedure as well as summaries of relevant appellate cases issued by the New Mexico Supreme Court and Court of Appeals, the Supreme Court of the United States, and the Supreme Court of the Navajo Nation between May 1, 2019 to May 1, 2020.
- Amendments to the New Mexico Rules of Civil Procedure include NMRA Rule …
Dispute Resolution In Pandemic Circumstances, George A. Bermann
Dispute Resolution In Pandemic Circumstances, George A. Bermann
Faculty Scholarship
The peaceful resolution of disputes is among the most important earmarks of a regime attached to the rule of law. Even in countries in which, for one reason or another, courts do not work especially well, civil peace is of paramount importance. The absence of effective institutions for the administration of justice between and among private parties would spell a high degree of social disorder.
Even in the absence of a crisis such as we are experiencing, justice systems face a number of challenges in this day and age. Does a jurisdiction have a sufficient number of persons qualified to …
Simplified Courts Can't Solve Inequality, Colleen F. Shanahan, Anna E. Carpenter
Simplified Courts Can't Solve Inequality, Colleen F. Shanahan, Anna E. Carpenter
Faculty Scholarship
State civil courts struggle to handle the volume of cases before them. Litigants in these courts, most of whom are unrepresented, struggle to navigate the courts to solve their problems. This access-to-justice crisis has led to a range of reform efforts and solutions. One type of reform, court simplification, strives to reduce the complexity of procedures and information used by courts to help unrepresented litigants navigate the judicial system. These reforms mitigate but do not solve the symptoms of the larger underlying problem: state civil courts are struggling because they have been stuck with legal cases that arise from the …
Sex, Trump, And Constitutional Change, Elizabeth Schneider, Helen Hershkoff
Sex, Trump, And Constitutional Change, Elizabeth Schneider, Helen Hershkoff
Faculty Scholarship
No abstract provided.
Excavating Race-Based Disadvantage Among Class-Privileged People Of Color, Khiara Bridges
Excavating Race-Based Disadvantage Among Class-Privileged People Of Color, Khiara Bridges
Faculty Scholarship
The aim of this article is to begin to theorize the fraught space within which class-privileged racial minorities exist — the disadvantage within their privilege. The article posits that the invisibility of the racial subordination of wealthier people of color (that is, their marginalization on account of their race) is fertile soil for the germination of post-racialism — the sense that we, as a nation, have overcome our racial problems. The dramatic visibility of the minority poor’s suffering, combined with the relative invisibility of the suffering of those minorities who are not poor, breeds the belief that class is now …
Qualitative Diversity: Affirmative Action's New Reframe, Eang L. Ngov
Qualitative Diversity: Affirmative Action's New Reframe, Eang L. Ngov
Faculty Scholarship
No abstract provided.
Ab(Ju)Dication: How Procedure Defeats Civil Liberties In The War On Terror, Susan Herman
Ab(Ju)Dication: How Procedure Defeats Civil Liberties In The War On Terror, Susan Herman
Faculty Scholarship
No abstract provided.
The Role Of The Courts In Creating Racial Identity In Early New Orleans, Jack M. Beermann
The Role Of The Courts In Creating Racial Identity In Early New Orleans, Jack M. Beermann
Faculty Scholarship
Reviewing Kenneth R. Aslakson, Making Race in the Courtroom: The Legal Construction of Three Races in Early New Orleans (New York University Press 2014).
The racial history of New Orleans is unique among American cities, as is Louisiana's among the history of American states. In the antebellum period, there were more free people of color in New Orleans than in any other city in the South, and free people of color lived, and often prospered, throughout Louisiana. The presence of so many free people of color in New Orleans, and Louisiana more generally, arose from many factors, including the consequences …
Race And Reform In Twenty-First Century America: Foreword, Angela Onwuachi-Willig, Trina Jones, Guy-Uriel Charles
Race And Reform In Twenty-First Century America: Foreword, Angela Onwuachi-Willig, Trina Jones, Guy-Uriel Charles
Faculty Scholarship
In November 2015, approximately two hundred activists, academics, and students from across the United States convened at Duke University School of Law for a conference entitled The Present and Future of Civil Rights Movements: Race and Reform in 21st Century America. Planning for the conference had commenced a year earlier, in the fall of 2014. At that time, the nation was reeling from the deaths of Rekia Boyd, Eric Garner, John Crawford III, and Michael Brown, among others. In addition to the killing of these unarmed Black men and women by law enforcement personnel, many people, particularly within the civil …
Justice And Accountability: Activist Judging In The Light Of Democratic Constitutionalism And Democratic Experimentalism, William H. Simon
Justice And Accountability: Activist Judging In The Light Of Democratic Constitutionalism And Democratic Experimentalism, William H. Simon
Faculty Scholarship
This essay examines the charge that activist judging is inconsistent with democracy in the light of two recent perspectives in legal scholarship. The perspectives – Democratic Constitutionalism and Democratic Experimentalism – suggest in convergent and complementary ways that the charge ignores or oversimplifies relevant features of both judging and democracy. In particular, the charge exaggerates the pre-emptive effect of activist judging, and it implausibly conflates democracy with electoral processes. In addition, it understands consensus as a basis for judicial legitimacy solely in terms of pre-existing agreement and ignores the contingent legitimacy that can arise from the potential for subsequent agreement.
Revisiting The Integration Of Law And Fact In Contemporary Federal Civil Litigation, Elizabeth M. Schneider
Revisiting The Integration Of Law And Fact In Contemporary Federal Civil Litigation, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin
Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin
Faculty Scholarship
No abstract provided.
Prove Me Wrong Cases And Consideration Theory, Daniel P. O'Gorman
Prove Me Wrong Cases And Consideration Theory, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen F. Shanahan
Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen F. Shanahan
Faculty Scholarship
Nonlawyer advocates are one proposed solution to the access to justice crisis and are currently permitted to practice in some civil justice settings. Theory and research suggest nonlawyers might be effective in some civil justice settings, yet we know very little, empirically, about nonlawyer practice in the United States. Using data from more than 5,000 unemployment insurance appeal hearings and interviews with lawyers and nonlawyers, this article explores how both types of representatives learn to do their work and what this means for their effectiveness. Building on recent research regarding the importance of procedural knowledge and relational expertise as elements …
Uncivil Obedience, Jessica Bulman-Pozen, David E. Pozen
Uncivil Obedience, Jessica Bulman-Pozen, David E. Pozen
Faculty Scholarship
Scholars and activists have long been interested in conscientious law-breaking as a means of dissent. The civil disobedient violates the law in a bid to highlight its illegitimacy and motivate reform. A less heralded form of social action, however, involves nearly the opposite approach. As a wide range of examples attest, dissenters may also seek to disrupt legal regimes through hyperbolic, literalistic, or otherwise unanticipated adherence to their formal rules.
This Article asks how to make sense of these more paradoxical protests, involving not explicit law-breaking but rather extreme law following. We seek to identify, elucidate, and call attention to …
Talking Points, Alex Stein, Jef De Mot
Towards Universal Fiduciary Principles, Tamar Frankel
Towards Universal Fiduciary Principles, Tamar Frankel
Faculty Scholarship
Fiduciary relationships play an important role in civil law and common law jurisdictions. While both legal systems offer similar outcomes in upholding fiduciary law principles, the way they achieve these ends is fundamentally different. In common law jurisdictions, fiduciary law is rooted in the law of property. By contrast, in civil law jurisdictions, fiduciary principles find their source in contract law. This article seeks to reconcile these differences, by identifying universal principles that apply to both systems. The author describes the sources of fiduciary law in the common law and the civil law, then highlights underlying differences between the two …
Chapter 16: Transnational Legal Process Theories, Maya Steinitz
Chapter 16: Transnational Legal Process Theories, Maya Steinitz
Faculty Scholarship
THIS chapter is devoted to transnational legal process theories. In 1955, Philip Jessup, in his Storrs Lectures at Yale, famously coined the term “transnational law” as he searched for a concept that would capture the legal regulation of actions or events that transcend national boundaries and that can accommodate both public and private international law. Further, while the traditional concept of “international law” referred to the law regulating relationships between states, the new term encompassed legal relationships of and amongst individuals, corporations, and organizations as well as states.
In other words, as early as the 1950s, and thereafter with increased …
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry H. Dubner, Nicole Mckee
Crimes And Medical Care On Board Cruise Ships: Do The Statistics Fit The Crimes?, Leticia M. Diaz, Barry H. Dubner, Nicole Mckee
Faculty Scholarship
No abstract provided.
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
On Selling Civil Recourse, Andrew S. Gold
Crime, Survelliance, And Communities, I. Bennett Capers
Crime, Survelliance, And Communities, I. Bennett Capers
Faculty Scholarship
No abstract provided.