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Full-Text Articles in Law
Federal Rule Of Civil Procedure 71a(H) Land Commissions: The First Fifteen Years, Julian Conrad Juergensmeyer
Federal Rule Of Civil Procedure 71a(H) Land Commissions: The First Fifteen Years, Julian Conrad Juergensmeyer
Julian C. Juergensmeyer
No abstract provided.
Brief Of Professor Stephen E. Sachs As Amicus Curiae In Support Of Neither Party, Atlantic Marine Construction Co. V. U.S. District Court, Stephen E. Sachs
Brief Of Professor Stephen E. Sachs As Amicus Curiae In Support Of Neither Party, Atlantic Marine Construction Co. V. U.S. District Court, Stephen E. Sachs
Stephen E. Sachs
[This brief was filed in support of neither party in No. 12-929 (U.S., cert. granted Apr. 1, 2013).] The parties in this case defend two sides of a many-sided circuit split. This brief argues that a third view is correct. If a contract requires suit in a particular forum, and the plaintiff sues somewhere else, how may the defendant raise the issue? Petitioner Atlantic Marine Construction Company suggests a motion under Federal Rule of Civil Procedure 12(b)(3) or 28 U.S.C. § 1406, on the theory that the contract renders venue improper. Respondent J-Crew Management, Inc. contends that venue remains proper, …
Ashcroft V. Iqbal: Contempt For Rules, Statutes, The Constitution, And Elemental Fairness, Stephen Subrin
Ashcroft V. Iqbal: Contempt For Rules, Statutes, The Constitution, And Elemental Fairness, Stephen Subrin
Stephen N. Subrin
We were asked to write about one of the worst United States Supreme Court opinions we had read. My article is about Ashcroft v. Iqbal because it is such an important decision in the field of federal civil litigation and the majority opinion is unsupportable in so many different ways. I explain how that opinion changes the substantive law of supervisory liability for government officials without providing the parties notice that the issue would be considered by the Court. The majority then enshrines fact pleading requirements in federal court for all cases (although denying they have done so), without following …
Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron
Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron
Rodger Citron
No abstract provided.
From Wards Cove To Ricci: Struggling Against The “Built In Headwinds” Of A Skeptical Court, Melissa R. Hart
From Wards Cove To Ricci: Struggling Against The “Built In Headwinds” Of A Skeptical Court, Melissa R. Hart
Melissa R Hart
No abstract provided.