Law Commons^™

The Narrative Of Costs, The Cost Of Narrative, Alexander A. Reinert

Articles

In Judge Victor Marrero’s Article “The Cost of Rules, the Rule of Costs,” he argues that too many lawyers use too many procedural devices to cause too much inefficiency within our civil justice system. His Article helpfully asks us to focus on the role of the lawyer and law firm economics in assessing how to solve waste and abuse in civil litigation. He proposes an array of procedural changes to address these perceived problems. In this response, I argue that Judge Marrero’s assertions about costs are questionable, given relevant empirical evidence. Moreover, although I am confident that there are instances …

Understanding Judgments Recognition, Ronald A. Brand

Articles

The twenty-first century has seen many developments in judgments recognition law in both the United States and the European Union, while at the same time experiencing significant obstacles to further improvement of the law. This article describes two problems of perception that have prevented a complete understanding of the law of judgments recognition on a global basis, particularly from a U.S. perspective. The first is a proximity of place problem that has resulted in a failure to understand that, unlike the United States, many countries allow their own courts to hear cases based on a broad set of bases of …

Class Actions All The Way Down, Sergio J. Campos

Articles

No abstract provided.

Erie As A Choice Of Enforcement Defaults, Sergio J. Campos

Articles

The Erie doctrine governs, among other things, when a federal court sitting in diversity jurisdiction may use a federal procedure that differs from the procedure a state court would use. Displacing the state procedure with the federal procedure (or not) may impact the substantive objectives of either state or federal law, but the current Erie doctrine provides little guidance. This Article argues that the Erie doctrine is best understood as governing a choice of enforcement defaults. As argued below, the primary function of civil liability is to protect a substantive entitlement to avoid the legal violation, either directly through specific …

Mass Torts And Due Process, Sergio J. Campos

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No abstract provided.

Civil Procedure In Idaho: An Examination Of Significant Differences Between The Rules Of Procedure Of The Idaho State And Federal Courts, Katie Ball

Articles

The University of Idaho College of Law celebrates its centennial this year. The rules of civil procedure do not have that lengthy a history, but they are still a critical part of current legal education and any civil practice. Civil practitioners choosing an Idaho forum have two court system options for many types of cases-the federal courts or the state courts. The goal of this article is to point out the significant differences in the state and federal civil procedural rules for Idaho practitioners. It is meant to particularly address those Idaho attorneys who have practiced primarily or exclusively in …

Unwrapping Racial Harassment Law, Pat K. Chew

Articles

This article is based on a pioneering empirical study of racial harassment in the workplace in which we statistically analyze federal court opinions from 1976 to 2002. Part I offers an overview of racial harassment law and research, noting its common origin with and its close dependence upon sexual harassment legal jurisprudence. In order to put the study's analysis in context, Part I describes the dispute resolution process from which racial harassment cases arise.

Parts II and III present a clear picture of how racial harassment law has played out in the courts - who are the plaintiffs and defendants, …

Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael G. Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart, Donald M. Nielsen, Charles M. North, William T. O'Neil

Articles

No abstract provided.