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- Administrative procedure (2)
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- Discovery (Law) (2)
- Procedure (Law) (2)
- Proportionality in law (2)
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- Actions and defenses (1)
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- BNSF Railway Co. v. Tyrrell (1)
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Articles 1 - 6 of 6
Full-Text Articles in Law
Practical Ways To Achieve Proportionality During Discovery And Reduce Costs In The Pretrial Phase Of Federal Civil Cases, Paul W. Grimm
Practical Ways To Achieve Proportionality During Discovery And Reduce Costs In The Pretrial Phase Of Federal Civil Cases, Paul W. Grimm
Faculty Scholarship
No abstract provided.
Domicile Dismantled, Kerry Abrams, Kathryn Barber
Domicile Dismantled, Kerry Abrams, Kathryn Barber
Faculty Scholarship
No abstract provided.
Democratic Enforcement? Accountability And Independence For The Litigation State, Margaret H. Lemos
Democratic Enforcement? Accountability And Independence For The Litigation State, Margaret H. Lemos
Faculty Scholarship
A vast literature in law and political theory focuses on questions of accountability and independence in democratic government. Commentators tend to celebrate accountability in the legislative and regulatory arenas, and independence in the context of adjudication. Yet they largely ignore the government function that lies at the intersection of law-making and law-application: enforcement. The gap in theory is reflected in our current laws and institutional structures. When an agency proposes a new regulation, we have rules in place to promote political accountability, public participation, and neutral expertise in the regulatory process. When the same agency adopts a new approach to …
Are We Insane? The Quest For Proportionality In The Discovery Rules Of The Federal Rules Of Civil Procedure, Paul W. Grimm
Are We Insane? The Quest For Proportionality In The Discovery Rules Of The Federal Rules Of Civil Procedure, Paul W. Grimm
Faculty Scholarship
No abstract provided.
Brief Of Professor Stephen E. Sachs As Amicus Curiae, Bnsf Railway Co. V. Tyrrell, Stephen E. Sachs
Brief Of Professor Stephen E. Sachs As Amicus Curiae, Bnsf Railway Co. V. Tyrrell, Stephen E. Sachs
Faculty Scholarship
[This brief was filed in support of the petitioner in No. 16-405 (U.S., cert. granted Jan. 13, 2017).]
BNSF Railway Co. should win this case, but on statutory grounds alone. BNSF makes three arguments:
1) That Daimler AG v. Bauman forbids Montana’s exercise of general personal jurisdiction here;
2) That Congress has not sought to license the state’s exercise of jurisdiction; and
3) That such a license would be void under the Fourteenth Amendment.
BNSF’s first two arguments are fully persuasive and decide the case. As a result, the Court should decline to reach the third argument. Not only is …
Three Models Of Adjudicative Representation, Margaret H. Lemos
Three Models Of Adjudicative Representation, Margaret H. Lemos
Faculty Scholarship
No abstract provided.