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Civil Procedure

Vanderbilt Law School Faculty Publications

Series

Civil procedure

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Erie And The Rules Of Evidence, Edward K. Cheng Jan 2012

Erie And The Rules Of Evidence, Edward K. Cheng

Vanderbilt Law School Faculty Publications

Jay Tidmarsh offers an intriguing new test for drawing the allimportant line between procedure and substance for purposes of Erie. The Tidmarsh test is attractively simple, yet seemingly reaches the right result in separating out truly “procedural” rules from more substantive ones. Since I am not a proceduralist, in this Response I will leave the Tidmarsh test’s explanatory power and practical workability vis-à-vis general civil procedure rules to others more qualified than I. Instead, I want to focus on the implications of the Tidmarsh test for the Federal Rules of Evidence. Like others in the evidence world, I have long …


Do Class Action Lawyers Make Too Little?, Brian T. Fitzpatrick Jan 2010

Do Class Action Lawyers Make Too Little?, Brian T. Fitzpatrick

Vanderbilt Law School Faculty Publications

Class action lawyers are some of the most frequently derided players in our system of civil litigation. It is often asserted that class action lawyers take too much from class judgments as fees, that class actions are little more than a device for the lawyers to enrich themselves at the expense of the class. In this Article, I argue that some of this criticism of class action lawyers is misguided. In particular, I perform a normative examination of fee percentages in class action litigation using the social-welfarist utilitarian account of litigation known as deterrence-insurance theory. I argue that in perhaps …