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Articles 1 - 30 of 46
Full-Text Articles in Law
Removal And Remand - Beyond The Supplements, Joan E. Steinman
Removal And Remand - Beyond The Supplements, Joan E. Steinman
All Faculty Scholarship
This is a compilation of case descriptions and citations to law review articles that complements the contents of the 2014 Pocket Parts to volumes 14B and C of the Wright & Miller treatise on Federal Practice and Procedure. It was put together by the author of those Pocket Parts. The cases described here either are not included at all in the 2014 volume 14B and C Pocket Parts or are cited there for different propositions than are reflected in this electronic publication. The cases that are included in this electronic compilation came to my attention between mid-October, 2012, and mid-October, …
Notice-And-Comment Sentencing, Stephanos Bibas, Richard A. Bierschbach
Notice-And-Comment Sentencing, Stephanos Bibas, Richard A. Bierschbach
All Faculty Scholarship
No abstract provided.
Advocacy Revalued, Geoffrey C. Hazard Jr., Dana A. Remus
Advocacy Revalued, Geoffrey C. Hazard Jr., Dana A. Remus
All Faculty Scholarship
A central and ongoing debate among legal ethics scholars addresses the moral positioning of adversarial advocacy. Most participants in this debate focus on the structure of our legal system and the constituent role of the lawyer-advocate. Many are highly critical, arguing that the core structure of adversarial advocacy is the root cause of many instances of lawyer misconduct. In this Article, we argue that these scholars’ focuses are misguided. Through reflection on Aristotle’s treatise, Rhetoric, we defend advocacy in our legal system’s litigation process as ethically positive and as pivotal to fair and effective dispute resolution. We recognize that advocacy …
Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.
Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr.
Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Time Out, Stephen B. Burbank
Straw, Sand, And Sophistry, Stephen B. Burbank
Straw, Sand, And Sophistry, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat
Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat
All Faculty Scholarship
Labor arbitrators were presented with four cases to decide, each involving a challenge to discipline or discharge of an employee resulting from a work-family conflict. Arbitrators were randomly given versions of the cases in which the gender and one other characteristivc of the employee were varied. The results showed little evidence of direct gender bias in decision-making but did reflect bias against single parents and employees with eldercare, as opposed to childcare, responsibilities. Implications for other adjudicators, including judges, jurors and administrative agency officials are discussed.
Introduction To Secrecy In Litigation (Symposium Editor), Nancy S. Marder
Introduction To Secrecy In Litigation (Symposium Editor), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard Jr.
Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Aggregation On The Couch: The Strategic Uses Of Ambiguity And Hypocrisy, Stephen B. Burbank
Aggregation On The Couch: The Strategic Uses Of Ambiguity And Hypocrisy, Stephen B. Burbank
All Faculty Scholarship
In this Essay, Professor Burbank comments on the essays by Professors Nagareda and Issacharoff. Welcoming the opportunity to revisit the interplay between procedure and substantive law and the question of democratic accountability that Professor Nagareda’s essay presents, Professor Burbank concludes that the parts of that essay are greater than the whole. He finds that Professor Nagareda’s pursuit of unifying themes and a general normative theory leads to inconsistencies in classification between procedure and substance and to an impoverished vision of institutional legitimacy. Professor Burbank voices concern that this quest, which is also evident in the current draft of the American …
Irregulars: The Appellate Rights Of Persons Who Are Not Full-Fledged Parties, Joan E. Steinman
Irregulars: The Appellate Rights Of Persons Who Are Not Full-Fledged Parties, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Teaching Civil Procedure Stories (Reviewing Civil Procedure Stories, Foundation Press 2004), Nancy S. Marder
Teaching Civil Procedure Stories (Reviewing Civil Procedure Stories, Foundation Press 2004), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Shining A Light In A Dim Corner: Standing To Appeal And The Right To Defend A Judgment In The Federal Courts, Joan E. Steinman
Shining A Light In A Dim Corner: Standing To Appeal And The Right To Defend A Judgment In The Federal Courts, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas
Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas
The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Semtek, Forum Shopping, And Federal Common Law, Stephen B. Burbank
Semtek, Forum Shopping, And Federal Common Law, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Roles Of Litigation, Stephen B. Burbank
The Roles Of Litigation, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman
Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman
All Faculty Scholarship
In this Article, I consider whether "limited generosity" classes may be used to determine a defendant's entire liability for punitive damages arising from a defined course of conduct. The goals of such a class action would include adequately punishing and deterring the defendant, keeping the defendant's liability within state-mandated and constitutional limits, and facilitating equitable distribution of the damages among injured plaintiffs. The Article describes the legal limits on punitive damages liability that states have established and that the Supreme Court has held substantive due process to impose, and then carefully examines whether such limits constitute a predicate for mandatory …
Part Ii: Special Considerations Applicable To Anti-Suit Injunctions In Class Actions, Joan E. Steinman
Part Ii: Special Considerations Applicable To Anti-Suit Injunctions In Class Actions, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
The Newest Frontier Of Judicial Activism: Removal Under The All Writs Act, Joan E. Steinman
The Newest Frontier Of Judicial Activism: Removal Under The All Writs Act, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Incentives To Settle Under Joint And Several Liability: An Empirical Analysis Of Superfund Litigation, Howard F. Chang, Hilary Sigman
Incentives To Settle Under Joint And Several Liability: An Empirical Analysis Of Superfund Litigation, Howard F. Chang, Hilary Sigman
All Faculty Scholarship
Congress may soon restrict joint and several liability for cleanup of contaminated sites under Superfund. We explore whether this change would discourage settlements and is therefore likely to increase the program 's already high litigation costs per site. Recent theoretical research by Kornhauser and Revesz finds that joint and several liability may either encourage or discourage settlement, depending on the correlation of outcomes at trial across defendants. We extend their two-defendant model to a richer framework with N defendants. This extension allows us to test the theoretical model empirically using data on Superfund litigation. We find that joint and several …
Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan E. Steinman
Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
The Scope Of Appellate Jurisdiction: Pendent Appellate Jurisdiction Before And After Swint, Joan E. Steinman
The Scope Of Appellate Jurisdiction: Pendent Appellate Jurisdiction Before And After Swint, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank
Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
A Primer On Prejudgment Interest, Michael S. Knoll
A Primer On Prejudgment Interest, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk
An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk
All Faculty Scholarship
When plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule (each litigant bears its own litigation expenses) nor the British rule (the losing litigant pays the attorneys' fees of the winning litigant) would induce optimal decisions to bring suit. Plaintiffs may bring frivolous suits when litigation costs are small relative to the amount at stake; plaintiffs may not bring meritorious suits when litigation costs are large relative to this amount. More general fee-shifting rules are based not only on the identity of the winning party but also on how strong the court perceives the case to …
The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part I: Justiciability And Jurisdiction (Original And Appellate), Joan E. Steinman
All Faculty Scholarship
No abstract provided.
The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part Ii: Non-Jurisdictional Matters, Joan E. Steinman
The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part Ii: Non-Jurisdictional Matters, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank
Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.