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Articles 1 - 22 of 22

Full-Text Articles in Law

Human-Centered Civil Justice Design: Procedural Justice And Process Value Pluralism, Victor D. Quintanilla, Michael A. Yontz Jan 2018

Human-Centered Civil Justice Design: Procedural Justice And Process Value Pluralism, Victor D. Quintanilla, Michael A. Yontz

Articles by Maurer Faculty

No abstract provided.


Human-Centered Civil Justice Design, Victor D. Quintanilla Jan 2017

Human-Centered Civil Justice Design, Victor D. Quintanilla

Articles by Maurer Faculty

This Article introduces a novel approach to improving the civil justice system, referred to as human-centered civil justice design. The approach synthesizes insights and practices from two interdisciplinary strands: human-centered design thinking and dispute system design. The approach is rooted in human experiences with the processes, systems, people, and environments that members of the public encounter when navigating the civil justice system and how these experiences interact with the entangled web of hardships and legal adversities they face in the everyday.

Human-centered civil justice designers empathize with the intended beneficiaries and stakeholders of the civil justice system, seeking to deeply ...


Use Of Eu Institutions Outside The Eu Legal Framework: Foundations, Procedure And Substance, Paul Craig Jan 2014

Use Of Eu Institutions Outside The Eu Legal Framework: Foundations, Procedure And Substance, Paul Craig

Articles by Maurer Faculty

The decision in Case Pringle was primarily concerned with whether the European Stability Mechanism (TFEU) was compatible with various substantive provisions of the Treaty on the Functioning of the European Union, most notably the prohibition on bailouts in Article 125 TFEU. The judgment is nonetheless important for other reasons, including the legitimacy of the use of EU institutions outside the EU legal framework. It will be seen that the CJEU endorsed their use and reaffirmed earlier case law. These conclusions were analysed by Steve Peers in a helpful article in a previous issue of the European Constitutional Law Review, in ...


Critical Race Empiricism: A New Means To Measure Civil Procedure, Victor D. Quintanilla Jan 2013

Critical Race Empiricism: A New Means To Measure Civil Procedure, Victor D. Quintanilla

Articles by Maurer Faculty

This article reflects the second phase in a research line examining the effects of highly subjective pleading rules, specifically, Ashcroft v. Iqbal, 556 U.S. 662 (2009), and was an invited contribution to a symposium, which explored the intersection of empirical legal methods and critical race theory. In this phase, I updated the empirical legal analysis in a prior article, Beyond Common Sense: A Social Psychological Study of Iqbal’s Effect on Claims of Race Discrimination, 17 Michigan Journal of Race and Law 1 (2011), in three ways. First, I lengthened the time horizon from 18 months to 24 months ...


Reconciling The Juridical Links Doctrine With The Federal Rules Of Civil Procedure And Article Iii, William D. Henderson Jan 2000

Reconciling The Juridical Links Doctrine With The Federal Rules Of Civil Procedure And Article Iii, William D. Henderson

Articles by Maurer Faculty

Over the past three decades, the juridical link and concerted action exceptions have evolved from dicta in the Ninth Circuit's decision in La Mar to an amorphous and undertheorized body of case law that has dangerously merged procedural and jurisdictional issues. Drawing on the principles of class action jurisprudence set forth by the Supreme Court in Amchem and Ortiz, lower courts should consider the issues of class certification and Rule 20(a) joinder before turning to the issue of standing under Article III. Under this approach, courts would not be able to reconcile much of the juridical links case ...


Book Review. Civil Procedure: Other Disciplines, Globalization, And Simple Gifts, Gene R. Shreve Jan 1994

Book Review. Civil Procedure: Other Disciplines, Globalization, And Simple Gifts, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Reform Aspirations Of The Complex Litigation Project, Gene R. Shreve Jan 1994

Reform Aspirations Of The Complex Litigation Project, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Grass Roots Procedure: Local Advisory Groups And The Civil Justice Reform Act Of 1990, Lauren K. Robel Jan 1993

Grass Roots Procedure: Local Advisory Groups And The Civil Justice Reform Act Of 1990, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


Judgments From A Choice-Of-Law Perspective, Gene R. Shreve Jan 1992

Judgments From A Choice-Of-Law Perspective, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Power And Legal Artifice: The Federal Class Action, Bryant Garth Jan 1992

Power And Legal Artifice: The Federal Class Action, Bryant Garth

Articles by Maurer Faculty

Using case studies and interviews with lawyers and representatives in class actions, this article explores the contribution that class actions make to their ostensible beneficiaries. The article first distinguishes the major types of class actions in terms of the roles of lawyers and class representatives, ranging from very passive representatives to individuals intensively involved with the dispute that gave rise to the litigation. The article next seeks to evaluate the class actions. On the basis of the results of the class actions, the article finds that class actions cannot be proclaimed major contributors to social change. The focus on results ...


Pragmatism Without Politics -- A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve Jan 1991

Pragmatism Without Politics -- A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Book Review. Privatization And The New Formalism: Making The Courts Safe For Bureaucracy, Bryant G. Garth Jan 1988

Book Review. Privatization And The New Formalism: Making The Courts Safe For Bureaucracy, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth Jan 1986

Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


When May State Courts Exercise Personal Jurisdiction Over Nonresident Class Members, Gene R. Shreve Jan 1985

When May State Courts Exercise Personal Jurisdiction Over Nonresident Class Members, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Book Review. Civil Procedure In Japan By Takaaki Hattori And Dan Fenno Henderson, Bryant G. Garth Jan 1984

Book Review. Civil Procedure In Japan By Takaaki Hattori And Dan Fenno Henderson, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Book Review. The Judicial Process: An Introductory Analysis Of The Courts Of The United States, England, And France By Henry J. Abraham, Bryant G. Garth Jan 1982

Book Review. The Judicial Process: An Introductory Analysis Of The Courts Of The United States, England, And France By Henry J. Abraham, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Book Review. Civil Procedure In Swedish By R. B. Ginsburg And A. Bruzelius, Jurij Fedynskyj Jan 1966

Book Review. Civil Procedure In Swedish By R. B. Ginsburg And A. Bruzelius, Jurij Fedynskyj

Articles by Maurer Faculty

No abstract provided.


Book Review. Civil Procedure Of The Trial Court In Historical Perspective By Robert Wyness Millar, Elvis J. Stahr Jr. Jan 1953

Book Review. Civil Procedure Of The Trial Court In Historical Perspective By Robert Wyness Millar, Elvis J. Stahr Jr.

Articles by Maurer Faculty

No abstract provided.


Book Review. Jurisdiction And Judgments: Cases And Statutes By William W. Blume And C. W. Joiner, John A. Bauman Jan 1953

Book Review. Jurisdiction And Judgments: Cases And Statutes By William W. Blume And C. W. Joiner, John A. Bauman

Articles by Maurer Faculty

No abstract provided.


Book Review. Cases On Modern Pleading By Charles E. Clark, John A. Bauman Jan 1952

Book Review. Cases On Modern Pleading By Charles E. Clark, John A. Bauman

Articles by Maurer Faculty

No abstract provided.


Book Review. Federal Appellate Jurisdiction And Procedure By Elijah N. Zoline, Robert C. Brown Jan 1928

Book Review. Federal Appellate Jurisdiction And Procedure By Elijah N. Zoline, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.


How Shall The People Of The United States Of America Reform Their Legal Procedure So As To Make It An Instrument Of Justice?, Hugh Evander Willis Jan 1915

How Shall The People Of The United States Of America Reform Their Legal Procedure So As To Make It An Instrument Of Justice?, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.