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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 Oct 2014

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 Jun 2013

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 May 2012

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 Jun 2011

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 Jan 2011

From Wards Cove To Ricci: Struggling Against The “Built In Headwinds” Of A Skeptical Court, Melissa R. Hart

Melissa R Hart

No abstract provided.