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Full-Text Articles in Law
A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers, Jarod S. Gonzalez
A Custom Fit: Tailoring Texas Civil Jury Selection Procedures To Case Tiers, Jarod S. Gonzalez
Jarod S. Gonzalez
This Article, entitled A Custom Fit: Tailoring Texas Civil Jury Selection Procedures to Case Tiers, advocates for changes to current Texas state civil jury selection laws. The Article contends that Texas civil jury selection procedures would benefit from a tiered approach that provides different jury selection rules depending on the nature of the case, the complexity of the case, and the amount in controversy. Under current law, each party to a civil case receives six peremptory challenges in a state district court case. This is a large amount of peremptory challenges and has led to considerable Batson problems in Texas …
A Tale Of Two Waivers: Waiver Of The Jury Waiver Defense Under The Federal Rules Of Civil Procedure, Jarod S. Gonzalez
A Tale Of Two Waivers: Waiver Of The Jury Waiver Defense Under The Federal Rules Of Civil Procedure, Jarod S. Gonzalez
Jarod S. Gonzalez
There is an extensive amount of academic commentary on the enforceability of pre-dispute contractual jury waivers. My article, entitled A Tale of Two Waivers: Waiver of the Jury Waiver Defense under the Federal Rules of Civil Procedure, considers a related topic that has not received much scholarly attention: the procedure for raising a jury waiver defense in federal civil litigation. Specifically, I advocate a novel approach that treats a contractual jury waiver defense as an affirmative defense under Rule 8 of the Federal Rules of Civil Procedure. The affirmative defense approach requires a party that desires to strike a jury …
A Tale Of Two Waivers: Waiver Of The Jury Waiver Defense Under The Federal Rules Of Civil Procedure, Jarod S. Gonzalez
A Tale Of Two Waivers: Waiver Of The Jury Waiver Defense Under The Federal Rules Of Civil Procedure, Jarod S. Gonzalez
Jarod S. Gonzalez
There is an extensive amount of academic commentary on the enforceability of pre-dispute contractual jury waivers. My article, entitled A Tale of Two Waivers: Waiver of the Jury Waiver Defense under the Federal Rules of Civil Procedure, considers a related topic that has not received much scholarly attention: the procedure for raising a jury waiver defense in federal civil litigation. Specifically, I advocate a novel approach that treats a contractual jury waiver defense as an affirmative defense under Rule 8 of the Federal Rules of Civil Procedure. The affirmative defense approach requires a party that desires to strike a jury …
State Anti-Discrimination Statutes And Implied Preemption Of Common Law Torts: Valuing The Common Law, Jarod S. Gonzalez
State Anti-Discrimination Statutes And Implied Preemption Of Common Law Torts: Valuing The Common Law, Jarod S. Gonzalez
Jarod S. Gonzalez
Many states have their own antidiscrimination statute that, like federal law, prohibits discrimination in employment because of prohibited characteristics such as race, sex, age, religion, national origin, and disability. In certain cases, a particular set of facts involving sexual, racial, or disability harassment could satisfy the required elements of a state common law tort and a state statutory antidiscrimination claim. It benefits the aggrieved plaintiff to pursue both a common law tort action and a state statutory discrimination action against the employer when the common law tort provides for greater remedies, as is sometimes the case. But when a common …