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Articles 1 - 19 of 19
Full-Text Articles in Law
The Cost Of Access To Justice Revisited— The ‘Age Of Austerity’ In Brazilian Civil Procedure Five Years Later. Winds Of Change?, Antonio Gidi, Hermes Zaneti Jr.
The Cost Of Access To Justice Revisited— The ‘Age Of Austerity’ In Brazilian Civil Procedure Five Years Later. Winds Of Change?, Antonio Gidi, Hermes Zaneti Jr.
University of Miami Inter-American Law Review
No abstract provided.
The Brazilian Appellate Procedure Through Common Law Lenses: How American Standards Of Review May Help Improve Brazilian Civil Procedure, Cesar Zucatti Pritsch
The Brazilian Appellate Procedure Through Common Law Lenses: How American Standards Of Review May Help Improve Brazilian Civil Procedure, Cesar Zucatti Pritsch
University of Miami Inter-American Law Review
In this article, I discuss a flaw in Brazilian civil procedure observed in my practice as a Federal Labor Judge in Brazil, an issue that may be addressed by limiting appellate review in a similar fashion as the American courts do, using standards of appellate review. In Brazil, appellate courts tend to ignore the lower court’s decisions, replacing them for the ruling they would have made had they been the original decision makers. A simple disagreement with the lower court’s findings of fact or discretionary rulings, no matter how reasonable, is sufficient grounds for reversal. The lack of standards of …
Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles
Neither Strict Nor Nuanced: The Balanced Standard For False Claims Act Pleading In The Eleventh Circuit, C. Caitlin Giles
University of Miami Law Review
False Claims Act litigation is more hotly contested than ever before. One such controversial issue plaguing federal courts is the proper application of Federal Rule of Civil Procedure 9(b) to actions arising under the False Claims Act. The explosion of litigation under the FCA caused a circuit split to emerge on the correct standard to use when applying Rule 9(b)’s heightened pleading requirement for more particularity. Specifically, courts are split on the level of specificity required to prove that a false claim was submitted to the government. Some apply a “strict” interpretation and require pleadings to include representative samples of …
The Erie-Ness Of The Rules, Sergio J. Campos
Class Actions All The Way Down, Sergio J. Campos
Owner Beware: Osha's Impact On Tort Litigation By Independent Contractors' Injured Employees Against Business Premises Owners, Jon M. Philipson
Owner Beware: Osha's Impact On Tort Litigation By Independent Contractors' Injured Employees Against Business Premises Owners, Jon M. Philipson
University of Miami Law Review
No abstract provided.
The Post-Iqbal State Of Pleading: An Argument Opposing A Uniform National Pleading Regime, Mark W. Payne
The Post-Iqbal State Of Pleading: An Argument Opposing A Uniform National Pleading Regime, Mark W. Payne
University of Miami Business Law Review
The U.S. Supreme Court's 2009 decision in Ashcroft v. Iqbal placed a squeeze on the once touted liberal Federal Rules of Civil Procedure by requiring judges to consider the veracity of potential plaintiffs' federal claims in light of Iqbal's new heightened pleading standard. This article examines post-Iqbal pleading standards across United States jurisdictions and argues that states should exert caution before choosing to adopt Iqbal's new "plausibility" standard, and if they elect to modify their pleading standards in light of the Iqbal decision, they should also carefully contemplate their method of adoption.
Summary Disposition: The Only Way Out Is Through?, Lauran San Roman Guijarro
Summary Disposition: The Only Way Out Is Through?, Lauran San Roman Guijarro
University of Miami Law Review
No abstract provided.
Erie As A Choice Of Enforcement Defaults, Sergio J. Campos
Erie As A Choice Of Enforcement Defaults, Sergio J. Campos
Articles
The Erie doctrine governs, among other things, when a federal court sitting in diversity jurisdiction may use a federal procedure that differs from the procedure a state court would use. Displacing the state procedure with the federal procedure (or not) may impact the substantive objectives of either state or federal law, but the current Erie doctrine provides little guidance. This Article argues that the Erie doctrine is best understood as governing a choice of enforcement defaults. As argued below, the primary function of civil liability is to protect a substantive entitlement to avoid the legal violation, either directly through specific …
Mass Torts And Due Process, Sergio J. Campos
A Class Of Their Own: Model Procedural Rules And Evidentiary Evaluation Of Computer-Generated "Animations", Dean A. Morande
A Class Of Their Own: Model Procedural Rules And Evidentiary Evaluation Of Computer-Generated "Animations", Dean A. Morande
University of Miami Law Review
No abstract provided.
Forum Non Conveniens: "Availability" And "Adequacy" Of Latin American Fora From A Comparative Perspective, Alejandro M. Garro
Forum Non Conveniens: "Availability" And "Adequacy" Of Latin American Fora From A Comparative Perspective, Alejandro M. Garro
University of Miami Inter-American Law Review
No abstract provided.
For Owen M. Fiss: Some Reflections On The Triumph And The Death Of Adjudication, Judith Resnik
For Owen M. Fiss: Some Reflections On The Triumph And The Death Of Adjudication, Judith Resnik
University of Miami Law Review
No abstract provided.
Practicing Community (Book Review), Anthony V. Alfieri
Comparative South American Civil Procedure: The Chilean Perspective, Richard B. Cappalli
Comparative South American Civil Procedure: The Chilean Perspective, Richard B. Cappalli
University of Miami Inter-American Law Review
No abstract provided.
Rule 26(B)(4) Of The Federal Rules Of Civil Procedure: Discovery Of Expert Information, James L. Hayes, Paul T. Ryder Jr.
Rule 26(B)(4) Of The Federal Rules Of Civil Procedure: Discovery Of Expert Information, James L. Hayes, Paul T. Ryder Jr.
University of Miami Law Review
No abstract provided.
Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael G. Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil
Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael G. Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil
Articles
No abstract provided.
Civil Procedure In Brazil, Keith S. Rosenn
Algunos Aspectos Prácticos Del Litigio Internacional En Los Tribunales De La Florida, Angel Castillo Jr.
Algunos Aspectos Prácticos Del Litigio Internacional En Los Tribunales De La Florida, Angel Castillo Jr.
University of Miami Inter-American Law Review
No abstract provided.