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Selected Works

Civil Procedure

2012

Articles 1 - 30 of 80

Full-Text Articles in Law

Response To Richard Garnett, "Individuals, Institutions, And Religious Freedom", Gregory Kalscheur, Richard Garnett Nov 2013

Response To Richard Garnett, "Individuals, Institutions, And Religious Freedom", Gregory Kalscheur, Richard Garnett

Richard W Garnett

No abstract provided.


Chapters Of The Civil Jury, Doug R. Rendleman Dec 2012

Chapters Of The Civil Jury, Doug R. Rendleman

Doug Rendleman

The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …


Simplification- A Civil Procedure Perspective, Doug Rendleman Dec 2012

Simplification- A Civil Procedure Perspective, Doug Rendleman

Doug Rendleman

No abstract provided.


Adequacy Of Representation In Argentina: Federal Supreme Court’S Case Law, Bills Pending Before Congress And The Preliminary Draft Of A New Civil Code, Francisco Verbic Dec 2012

Adequacy Of Representation In Argentina: Federal Supreme Court’S Case Law, Bills Pending Before Congress And The Preliminary Draft Of A New Civil Code, Francisco Verbic

Francisco Verbic

The paper describes how adequacy of representation has recently arrived to Argentina’s legal system in the field of representative litigation. First of all, in the FederalSupreme Court’s case law. Then, in some bills which are nowadays pending before Congress. Lastly, in the Preliminary Draft of a new Civil Code recently announced by the President and the Chief Justice of the Federal Supreme Court. I take a critical approach towards the issue, particularly because of the little attention paid to such a relevant aspect of representative proceedings


Un Supuesto De Inaplicabilidad Del Artículo 1762 Del Código Civil. Un Nuevo Enfoque De La Responsabilidad Civil De Los Profesionales, Fort Ninamancco Córdova Nov 2012

Un Supuesto De Inaplicabilidad Del Artículo 1762 Del Código Civil. Un Nuevo Enfoque De La Responsabilidad Civil De Los Profesionales, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.


Stopped At The Starting Gate: The Overuse Of Summary Judgment In Equal Pay Cases, Deborah Thompson Eisenberg Nov 2012

Stopped At The Starting Gate: The Overuse Of Summary Judgment In Equal Pay Cases, Deborah Thompson Eisenberg

Deborah Thompson Eisenberg

Prepared for a symposium about the overuse of summary judgment in employment discrimination cases, this Article provides a grassroots empirical analysis of what is happening in equal pay cases on the front lines of the district courts. Analyzing a database of 500 federal district court decisions—both published and unpublished—that considered whether to grant summary judgment on an equal pay claim from 2000 to 2011, the review shows that dismissing equal pay claims at the summary judgment stage has become the modus operandi for most federal courts. Courts granted 68% of summary judgment motions in equal pay cases—meaning that only about …


"Workers' Compensation And The Separation Of Powers In Tennessee", Matthew Lyon Nov 2012

"Workers' Compensation And The Separation Of Powers In Tennessee", Matthew Lyon

Matthew Lyon

No abstract provided.


Financiers As Monitors In Aggregate Litigation, Elizabeth Chamblee Burch Oct 2012

Financiers As Monitors In Aggregate Litigation, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

This Article identifies a market-based solution for monitoring large-scale litigation that proceeds outside of Rule 23’s safeguards. Although class actions dominate the scholarly discussion of mass litigation, the ever-increasing restrictions on certifying a class mean that plaintiffs’ lawyers routinely rely on aggregate litigation (through multidistrict litigation and liberal joinder devices like Rules 20 and 42) to seek redress for group-wide harms. Despite sharing key features with its class-action counterpart, lik fe attenuated attorney-client relationships, attorney-client conflicts of interest, and high agency costs, no monitor exists in aggregate litigation. Informal group litigation not only lacks Rule 23’s judicial protections against attorney …


The Two-Trillion Dollar Carve-Out: Foreign Manufacturers Of Defective Goods And The Death Of H.R. 4678 In The 111th Congress, Andrew F. Popper Oct 2012

The Two-Trillion Dollar Carve-Out: Foreign Manufacturers Of Defective Goods And The Death Of H.R. 4678 In The 111th Congress, Andrew F. Popper

Andrew Popper

Whatever happened to H.R. 4678, The Foreign Manufacturers Legal Accountability Act? While at first the bill looked like it would sail through, vocal and well-funded opposition from foreign manufacturers and their U.S. representatives placed its future in doubt – and ultimately killed the bill. Gross sales of foreign manufactured goods in the U.S. exceed two trillion dollars annually. Conservatively, there are tens of millions of defective, dangerous, and in some instances deadly goods produced abroad for sale in U.S. markets (e.g., Chinese dry-wall, toxic levels of lead paint on toys, contaminated pet food, allegedly lurching cars, infant cribs that to …


A Tragédia Do Judiciário: Subinvestimento Em Capital Jurídico E Sobreutilização Do Judiciário, Ivo T. Gico Jr. Oct 2012

A Tragédia Do Judiciário: Subinvestimento Em Capital Jurídico E Sobreutilização Do Judiciário, Ivo T. Gico Jr.

Ivo Teixeira Gico Jr.

Esta tese explora o subinvestimento em capital jurídico como uma explicação para o problema de congestionamento dos tribunais brasileiros. A análise indica que os magistrados brasileiros não possuem incentivos e mecanismos suficientes para investir em capital jurídico e uniformizar regras jurídicas. A insegurança jurídica resultante, combinada com o livre acesso ao serviço publico adjudicatório constitucionalmente garantindo, gera incentivos para a sobreutilização dos tribunais, resultando no problema endêmico de congestionamento, a Tragédia do Judiciário. O congestionamento atrai litigantes que desejam postergar suas obrigações pelo sistema judicial, enquanto litigantes legítimos são excluídos, um problema trágico de seleção adversa.


A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate Oct 2012

A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate

Sohail Ahmed Ansari Advocate

Violence against women is present in a variety of forms in Pakistan. From domestic abuse & sexual harassment to child marriages and honour killing; a range of anti-women atrocities are carried out. Pakistani women face systematic discrimination from the day they are born. The patriarchal mindset of society refuses to recognize them as human beings deserving of equality, human rights and justice. Unfortunately in some parts of Balochistan a brutal custom of justice prevails; where the women are treated as trading objects. They are being tried without hearing their cause. They are not allowed to plea their case. They are …


Combatiendo Las “Nulidades-Sorpresa”: El Derecho Fundamental Del Contradictorio En La Perspectiva De La Nulidad Procesal, Renzo Cavani Oct 2012

Combatiendo Las “Nulidades-Sorpresa”: El Derecho Fundamental Del Contradictorio En La Perspectiva De La Nulidad Procesal, Renzo Cavani

Renzo Cavani

No abstract provided.


How Motorola Ruined An Honest Business Partner, Hera Moon Sep 2012

How Motorola Ruined An Honest Business Partner, Hera Moon

Hera Moon

ELSCO suffered irrecoverable damages from a wrongful seizure done in bad faith by Motorola and was denied the court trial against the three attorneys responsible for the ex parte seizure writ.


Due Process In Civil Commitments., Alexander Tsesis Sep 2012

Due Process In Civil Commitments., Alexander Tsesis

Alexander Tsesis

In one of its most controversial decisions to date, United States v Comstock, the Roberts Court upheld a federal civil commitment statute requiring only an intermediate burden of proof The statute provided for the postsentencing confinement of anyone proven by "clear and convincing evidence" to be mentally ill and dangerous. The law relied on a judicial standard established more than thirty years before. The majority in Comstock missed the opportunity to reassess the precedent in light of recent psychiatric studies indicating that the ambiguity of available diagnostic tools can lead to erroneous insanity assessments and mistake evaluations about patients' likelihood …


- El Procedimiento Monitorio En La Legislación Comparada Y Su Conveniente Regulación En Nuestro País., Beatriz A. Franciskovic Ingunza, Carlos Torres Angulo Sep 2012

- El Procedimiento Monitorio En La Legislación Comparada Y Su Conveniente Regulación En Nuestro País., Beatriz A. Franciskovic Ingunza, Carlos Torres Angulo

Beatriz A. Franciskovic Ingunza

No abstract provided.


Amicus Brief In Support Of Neither Party In Sebelius V. Auburn Reg. Med. Ctr., No. 11-1231, Scott Dodson Aug 2012

Amicus Brief In Support Of Neither Party In Sebelius V. Auburn Reg. Med. Ctr., No. 11-1231, Scott Dodson

Scott Dodson

This amicus brief in support of neither party in the merits case of Sebelius v. Auburn Regional Medical Center, No. 11-1231, urges the Supreme Court to decide the question presented (whether 42 U.S.C. § 1395oo(a)(3) permits equitable tolling) without resort to jurisdictional labels.


Carga De La Prueba, Felipe Marín Aug 2012

Carga De La Prueba, Felipe Marín

Felipe Marín Verdugo

No abstract provided.


Don't Just Do Something!: E-Hearsay, The Present Sense Impression, And The Case For Caution In The Rulemaking Process, Liesa L. Richter Jul 2012

Don't Just Do Something!: E-Hearsay, The Present Sense Impression, And The Case For Caution In The Rulemaking Process, Liesa L. Richter

Liesa L. Richter

No abstract provided.


Arbitration And Reform In Private Securities Litigation: Dealing With The Meritorious As Well As The Frivolous, Steven A. Ramirez Jul 2012

Arbitration And Reform In Private Securities Litigation: Dealing With The Meritorious As Well As The Frivolous, Steven A. Ramirez

Steven A. Ramirez

No abstract provided.


The Case For 'Expanding' The Abstention Doctrine To Account For The Laws And Policies Of The American Indian Tribes, Jay Kanassatega Jul 2012

The Case For 'Expanding' The Abstention Doctrine To Account For The Laws And Policies Of The American Indian Tribes, Jay Kanassatega

Jay Kanassatega

The origination and evolution of the abstention doctrine illustrates how the United States Supreme Court has created a workable balance of concurrent federal-state judicial power in circumstances where state law and state policies predominated and accommodated vital federal policy interests. Acknowledging the recent debate among scholars and commentators as to the wisdom of the abstention doctrine, this article advocates in favor of the creation of another application of the doctrine — one that acknowledges both the sovereignty of the American Indian tribes and their democratic governments and the inherent conflict arising from three sovereigns exercising concurrent jurisdiction over the same …


La Acumulación De Pretensiones En El Código Procesal Civil, Beatriz A. Franciskovic Ingunza, Carlos Torres Angulo Jul 2012

La Acumulación De Pretensiones En El Código Procesal Civil, Beatriz A. Franciskovic Ingunza, Carlos Torres Angulo

Beatriz A. Franciskovic Ingunza

No abstract provided.


Consumer Class Actions In Argentina And Brazil. Comparative Analysis And Enforcement Of Foreign Judgments, Francisco Verbic Jul 2012

Consumer Class Actions In Argentina And Brazil. Comparative Analysis And Enforcement Of Foreign Judgments, Francisco Verbic

Francisco Verbic

No abstract provided.


El Problema De Los Efectos Del Negocio Jurídico Nulo: Actualidad Del Pensamiento De José León Barandiarán, Fort Ninamancco Córdova Jun 2012

El Problema De Los Efectos Del Negocio Jurídico Nulo: Actualidad Del Pensamiento De José León Barandiarán, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.


Procedure, Politics, Prediction, And Professors: A Response To Professors Burbank And Purcell, Stephen Subrin Jun 2012

Procedure, Politics, Prediction, And Professors: A Response To Professors Burbank And Purcell, Stephen Subrin

Stephen N. Subrin

In this article I comment on four themes in the work of Stephen Burbank and Edward Purcell, two of the leading scholars of American civil procedure and procedural reform: (1) the relationship of substantive and procedural law; (2) the place of politics in procedural reform; (3) the difficulty of reliably predicting consequences of procedural reform; and (4) challenges that the Class Action Fairness Act of 2005 (CAFA) and similar reforms present for law professors, both in their roles as researchers and writers, and as teachers of would-be lawyers.


Federal Rules, Local Rules, And State Rules: Uniformity, Divergence, And Emerging Procedural Patterns, Stephen Subrin Jun 2012

Federal Rules, Local Rules, And State Rules: Uniformity, Divergence, And Emerging Procedural Patterns, Stephen Subrin

Stephen N. Subrin

No abstract provided.


Preface: Symposium: The 50th Anniversary Of The Federal Rules Of Civil Procedure, 1938-1988, Stephen Subrin Jun 2012

Preface: Symposium: The 50th Anniversary Of The Federal Rules Of Civil Procedure, 1938-1988, Stephen Subrin

Stephen N. Subrin

No abstract provided.


Procedure, Politics, Prediction, And Professors: A Response To Professors Burbank And Purcell, Stephen Subrin Jun 2012

Procedure, Politics, Prediction, And Professors: A Response To Professors Burbank And Purcell, Stephen Subrin

Stephen N. Subrin

In this article I comment on four themes in the work of Stephen Burbank and Edward Purcell, two of the leading scholars of American civil procedure and procedural reform: (1) the relationship of substantive and procedural law; (2) the place of politics in procedural reform; (3) the difficulty of reliably predicting consequences of procedural reform; and (4) challenges that the Class Action Fairness Act of 2005 (CAFA) and similar reforms present for law professors, both in their roles as researchers and writers, and as teachers of would-be lawyers.


Federal Rules, Local Rules, And State Rules: Uniformity, Divergence, And Emerging Procedural Patterns, Stephen Subrin Jun 2012

Federal Rules, Local Rules, And State Rules: Uniformity, Divergence, And Emerging Procedural Patterns, Stephen Subrin

Stephen N. Subrin

No abstract provided.


How Equity Conquered Common Law: The Federal Rules Of Civil Procedure In Historical Perspective, Stephen Subrin Jun 2012

How Equity Conquered Common Law: The Federal Rules Of Civil Procedure In Historical Perspective, Stephen Subrin

Stephen N. Subrin

Part I of this Article first looks at the major components of common law and equity procedure, and then examines the domination of an equity mentality in the Federal Rules. Part II explores the American procedural experience before the twentieth century, and demonstrates how David Dudley Field and his 1848 New York Code were tied to a common law procedural outlook. Part III concentrates on Roscoe Pound (who initiated the twentieth century procedural reform effort), Thomas Shelton (who led the American Bar Association Enabling Act Movement), and Charles Clark (the major draftsman of the Federal Rules). Through understanding these men …


Preface: Symposium: The 50th Anniversary Of The Federal Rules Of Civil Procedure, 1938-1988, Stephen Subrin Jun 2012

Preface: Symposium: The 50th Anniversary Of The Federal Rules Of Civil Procedure, 1938-1988, Stephen Subrin

Stephen N. Subrin

No abstract provided.