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Full-Text Articles in Law
Human-Centered Civil Justice Design: Procedural Justice And Process Value Pluralism, Victor D. Quintanilla, Michael A. Yontz
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
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
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
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, increasing the …
Reconciling The Juridical Links Doctrine With The Federal Rules Of Civil Procedure And Article Iii, William D. Henderson
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 law with …
Reform Aspirations Of The Complex Litigation Project, Gene R. Shreve
Reform Aspirations Of The Complex Litigation Project, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Book Review. Civil Procedure: Other Disciplines, Globalization, And Simple Gifts, Gene R. Shreve
Book Review. Civil Procedure: Other Disciplines, Globalization, And Simple Gifts, 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
Grass Roots Procedure: Local Advisory Groups And The Civil Justice Reform Act Of 1990, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
Power And Legal Artifice: The Federal Class Action, Bryant Garth
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, …
Judgments From A Choice-Of-Law Perspective, Gene R. Shreve
Judgments From A Choice-Of-Law Perspective, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Pragmatism Without Politics -- A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve
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
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
Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.
Book Review. Civil Procedure In Japan By Takaaki Hattori And Dan Fenno Henderson, Bryant G. Garth
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. Civil Procedure In Swedish By R. B. Ginsburg And A. Bruzelius, Jurij Fedynskyj
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.
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
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
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
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
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.