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Articles 1 - 7 of 7
Full-Text Articles in Law
An Appeal To Common Sense: Why "Unappealable" District Court Decisions Should Be Subject To Appellate Review, Matthew D. Heins
An Appeal To Common Sense: Why "Unappealable" District Court Decisions Should Be Subject To Appellate Review, Matthew D. Heins
Northwestern University Law Review
28 U.S.C. § 1291 vests jurisdiction in the United States Circuit Courts of Appeal to hear “appeals from all final decisions of the district courts of the United States.” Various circuit courts have, however, determined that they may only hear appeals of final “judicial” decisions, and that they do not have jurisdiction to hear appeals from final decisions of United States district courts if those decisions are “administrative.” Circuit courts have been loath to explicitly define the dividing line between the two classes of case, and have frequently invoked the potential availability of mandamus review as a means of placating …
Digging Up The Corp(Ses): Holston Investments V. Lanlogistics Corp. And The Continuing Struggle To Determine The Citizenship Of Dissolved And Inactive Corporations For The Purposes Of Diversity Jurisdiction, Nicholas W. Roosevelt
Digging Up The Corp(Ses): Holston Investments V. Lanlogistics Corp. And The Continuing Struggle To Determine The Citizenship Of Dissolved And Inactive Corporations For The Purposes Of Diversity Jurisdiction, Nicholas W. Roosevelt
Northwestern University Law Review
Since the early 1990s, the U.S. Circuit Courts of Appeals have been divided on how to determine the citizenship of dissolved or inactive corporations for the purposes of diversity jurisdiction. By the beginning of the twenty-first century, courts of appeals addressing the issue had settled on one of three conclusions: (1) citizenship should be determined only by the corporation’s state of incorporation; (2) citizenship should be determined both by the corporation’s state of incorporation and its last principal place of business; or (3) citizenship should always be determined by the corporation’s state of incorporation, but only be determined by principal …
Erie's International Effect, Michael Steven Green
Erie's International Effect, Michael Steven Green
Northwestern University Law Review
To what extent does the Erie doctrine apply in an international context? In his article When Erie Goes International, Professor Childress argues that a federal court choosing between state law and the law of a foreign nation should often (or perhaps always) ignore Klaxon Co. v. Stentor Electric Manufacturing Co. and use federal choice of law rules rather than the rules of the state where the federal court is located. In this Essay, I have three points to make in response. The first is that Childress’s article, even if successful, leaves the bulk of the Erie doctrine unchanged in …
Jury Certification Of Federal Securities Fraud Class Actions, Thomas Kayes
Jury Certification Of Federal Securities Fraud Class Actions, Thomas Kayes
Northwestern University Law Review
The rough equivalence of certification and ultimate outcome is class action dogma. If certification is granted, then the plaintiff “wins” by settlement because the risk of incurring class-wide liability by going to trial is too great. If certification is denied, the defendant “wins” because the case may not be worth litigating without the possibility of a class-wide recovery. This Note is about where the dogma is wrong. There are now cases where a denial of certification, just like a grant, presents to the defendant the risk of incurring class-wide liability at trial. This is because those cases are capable of …
Linking Rule 9(B) Pleading And The First-To-File Rule To Advance The Goals Of The False Claims Act, Karin Lee
Linking Rule 9(B) Pleading And The First-To-File Rule To Advance The Goals Of The False Claims Act, Karin Lee
Northwestern University Law Review
No abstract provided.
How Congress Should Fix Personal Jurisdiction, Stephen E. Sachs
How Congress Should Fix Personal Jurisdiction, Stephen E. Sachs
Northwestern University Law Review
No abstract provided.
Supplemental Standing For Severability, Erik R. Zimmerman
Supplemental Standing For Severability, Erik R. Zimmerman
Northwestern University Law Review
The Supreme Court has recently insisted that plaintiffs must have standing for every claim that they raise. But this claim-specific approach to standing is at odds with established practice in several contexts, including rulings on the severability of statutes. Courts often permit plaintiffs to claim that statutory provisions should be invalidated pursuant to severability doctrine, without requiring that they have standing for those claims. This Article argues that existing practice for severability is a form of “supplemental standing.” Supplemental standing is analogous to supplemental jurisdiction. It allows a plaintiff with standing for one claim to raise related claims, even if …