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Civil Procedure’S Five Big Ideas, Kevin M. Clermont
Civil Procedure’S Five Big Ideas, Kevin M. Clermont
Cornell Law Faculty Working Papers
Civil procedure, more than any other of the basic law-school courses, conveys to students an understanding of the whole legal system. I propose that this purpose should become more openly the organizing theme of the course. The focus should remain, of course, on the mechanics of the judicial branch. What I am championing is giving some conscious attention, albeit mainly in the background and at an introductory level, to the big ideas of the constitutional structure within which the law formulates civil procedure. Such attention would unify the doctrinal study, while enriching it for the students and revealing its true …
Rewiring Old Architecture: Why U.S. Courts Have Been So Slow And Uneven In Their Take-Up Of Digital Technology, Peter W. Martin
Rewiring Old Architecture: Why U.S. Courts Have Been So Slow And Uneven In Their Take-Up Of Digital Technology, Peter W. Martin
Cornell Law Faculty Working Papers
Given the centrality of information and communication to the activities and institutions of law and government it is not surprising that during the early turbulent days of the digital revolution enthusiasts imagined that the new technology would work dramatic changes on this critical sphere, changes far greater in magnitude than those flowing from such past innovations as calculators, tape recorders, or copy machines. Students of government and consultants drew analogies between transformations taking place in the private sector (the emergence of e-commerce and distributed, virtual enterprises) and what governments might or should or would become (e-government). Greater efficiency, improved accessibility …
Abandoning Law Reports For Official Digital Case Law, Peter W. Martin
Abandoning Law Reports For Official Digital Case Law, Peter W. Martin
Cornell Law Faculty Working Papers
In 2009, Arkansas ended publication of the Arkansas Reports. Since 1837 this series of volumes, joined in the late twentieth century by the Arkansas Appellate Reports covering the state's intermediate court of appeals, had served as the official record of Arkansas's case law. For all decisions handed down after February 12, 2009, not books but a database of electronic documents “created, authenticated, secured, and maintained by the Reporter of Decisions” constitute the “official report” of all Arkansas appellate decisions.
The article examines what distinguishes this Arkansas reform from the widespread cessation of public law report publication that occurred during the …