Civil Procedure Commons^™

Civil Procedure, Kenneth Kandaras, Catherine Wozniak

Kenneth Kandaras

No abstract provided.

Kevin M. Clermont, Kevin Clermont, Peter Martin

Kevin M. Clermont

From the video archives of the Cornell Law School Heritage Project. The interviewer is Peter W. Martin; the videographer, Michael d’Estries. This video covers Professor Kevin Clermont’s reflections on his career as a law professor at Cornell Law School. Clermont is a specialist in the procedural aspects of litigation. After his graduation from Harvard Law School in 1971, Prof. Clermont clerked for the late Hon. Murray Gurfein of the Southern District of New York, and then spent two years in private practice as an associate at Cleary, Gottlieb, Steen & Hamilton. Since joining the Cornell Law School Faculty in 1974, …

State V. Stone: Problems And Case File, James Seckinger

James H. Seckinger

No abstract provided.

Evidence In Context: A Trial Evidence Workbook, James Seckinger, Robert Burns, Steven Lubet

James H. Seckinger

No abstract provided.

Dixon V. Providential Life Insurance Co.: Technology Case File, James Seckinger, Frank Rothschild, Edward Stein

James H. Seckinger

No abstract provided.

Potter V. Shrackle And The Shrackle Construction Company Case File, Kenneth Broun, Frank Rothschild., James Seckinger

James H. Seckinger

The problems in this book are intended to simulate realistic courtroom situations. Advance preparation is essential to their successful utilization as instructional materials.

Complex Litigation: Problems In Advanced Civil Procedure, Jay Tidmarsh, Roger Trangsrud.

Jay Tidmarsh

Offers concepts of and insights into the forms and functions of complex litigation issues, including their implications. Helps students in such courses to review and study, as well as serves as a reference book for students once they are in practice.

Sanctions Imposable For Violations Of The Federal Rules Of Civil Procedure, Kenneth Ripple, Robert Rodes, Carol Mooney, Robert Rodes

Robert Rodes

This 1981 Federal Judicial Center paper surveys the current state of the law with respect to sanctions for violations of the Federal Rules of Civil Procedure as reported in both the case law and the secondary literature. The focus is on litigation behavior that results in the imposition of sanctions and the factors considered important by federal courts in determining which sanctions to apply.

The Jurisprudence Of Pleading: Rights, Rules, And Conley V. Gibson, Emily Sherwin

Emily L Sherwin

In 1957, in the case of Conley v. Gibson, the Supreme Court announced a minimal standard for the contents of a complaint under the Federal Rules of Civil Procedure and endorsed what has come to be known as 'notice' pleading. This article, prepared for a symposium on Conley, reviews the debate over pleading requirements that preceded the case. Unlike modern discussions of pleading, which focus on the level of factual specificity required in complaints, the pre-Conley debate was about the legal content of complaints - an question largely forgotten in the years following Conley.

The early twentieth century debate over …

In Praise Of Procedure: An Economic And Behavioral Defense Of Smith V. Van Gorkom And The Business Judgment Rule, Lynn Stout

Lynn A. Stout

No abstract provided.

Exorcising The Evil Of Forum-Shopping, Kevin Clermont, Theodore Eisenberg

Kevin M. Clermont

Most of the business of litigation comprises pretrial disputes. A common and important dispute is over where adjudication should take place. Civil litigators deal with nearly as many change-of-venue motions as trials. The battle over venue often constitutes the critical issue in a case. The American way is to provide plaintiffs with a wide choice of venues for suit. But the American way has its drawbacks. To counter these drawbacks, an integral part of our court systems, and in particular the federal court system, is the scheme of transfer of venue "in the interest of justice." However, the leading evaluative …

Trial By Jury Or Judge: Which Is Speedier?, Theodore Eisenberg, Kevin Clermont

Kevin M. Clermont

Many take as a given that jury-tried cases consume more time than judge-tried cases. Judge Richard Posner of the Seventh Circuit, for example, opines: “Court queues are almost always greatest for parties seeking civil jury trials. This makes economic sense. Such trials are more costly than bench trials both because of jury fees (which … understate the true social costs of the jury) and because a case normally takes longer to try to a jury than to a judge …. Parties are therefore “charged” more for jury trials by being made to wait in line longer.” A close reading reveals …

Foreigners' Fate In America's Courts: Empirical Legal Research, Kevin Clermont, Theodore Eisenberg

Kevin M. Clermont

This article revisits the controversy regarding how foreigners fare in U.S. courts. The available data, if taken in a sufficiently big sample from numerous case categories and a range of years, indicate that foreigners have fared better in the federal courts than their domestic counterparts have fared. Thus, the data offer no support for the existence of xenophobic bias in U.S. courts. Nor do they establish xenophilia, of course. What the data do show is that case selection drives the outcomes for foreigners. Foreigners’ aversion to U.S. forums can elevate the foreigners’ success rates, when measured as a percentage of …

Death Of Paradox: The Killer Logic Beneath The Standards Of Proof, Kevin Clermont

Kevin M. Clermont

The prevailing but contested view of proof standards is that factfinders should determine facts by probabilistic reasoning. Given imperfect evidence, they should ask themselves what they think the chances are that the burdened party would be right if the truth were to become known; they then compare those chances to the applicable standard of proof. I contend that for understanding the standards of proof, the modern versions of logic — in particular, fuzzy logic and belief functions — work better than classical probability. This modern logic suggests that factfinders view evidence of an imprecisely perceived and described reality to form …

Appellate Courts And Prejudiced Verdicts, Thomas Shaffer

Thomas L. Shaffer

Professor Shaffer maintains that the preservation of fair trial in civil cases requires an increased Bench and Bar effort to control prejudicial trial conduct. To support this assertion, he investigates sources of jury prejudice, available and proposed court devices for remedying inadvertent and intentional misconduct by trial attorneys, and appellate court avoidance of corrective sanctions.

The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom

Robert Bloom

United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity

Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom

Robert Bloom

No abstract provided.

Criminal Procedure: Examples And Explanations, Robert Bloom, Mark Brodin

Robert Bloom

No abstract provided.

The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom

Robert Bloom

No abstract provided.

Introduction To The Civil Procedure Puzzle, Robert Bloom

Robert Bloom

No abstract provided.

Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin

Robert Bloom

No abstract provided.

Jury Trial In Japan, Robert Bloom

Robert Bloom

No abstract provided.

Twombly Is The Logical Extension Of The Mathews V. Eldridge Test To Discovery, Andrew Blair-Stanek

Andrew Blair-Stanek

The Supreme Court’s 2007 decision in Bell Atlantic Corp. v. Twombly has baffled and mystified both practitioners and scholars, casting aside the well-settled rule for evaluating motions to dismiss in favor of an amorphous “plausibility” standard. This Article argues that Twombly was not revolutionary but simply part of the Court’s ever-expanding application of the familiar three-factor Mathews v. Eldridge test. Misused discovery can deprive litigants of property and liberty interests, and in some cases Mathews requires the safeguard of dismissing the complaint. This Article’s insight explains Twombly’s origins and structure, while also suggesting a source for lower courts to draw …

Taking The Bar Early: Making Law Students ‘Practice Ready’, Jason Forcier

Jason Forcier

The beginning of 2013 brings with it a number of rule changes by the Supreme Court of Arizona. Notable is the change to Rule 34, Application for Admission. The rule change is the result of an initiative from the deans of each of the three law schools: Phoenix School of Law, University of Arizona, and Arizona State University. The experimental change, set to expire at the end of 2015, allows law students to take the February bar exam during their final semester, so long as students meet certain qualifications and are within 120 days of graduation. This change effectively allows …

Making “Practice Ready” Practice Ready: Arizona’S Attempt To Streamline The Final Process For Admission To The Bar, Jason Forcier

Jason Forcier

Beginning with the first of the year, 2013 brings with it a number of rule changes from the Supreme Court of Arizona. Most notably is the change to Rule 34, Application for Admission. The rule change is the result of an initiative from each of the deans of Arizona’s three law schools: Phoenix School of Law, University of Arizona, and Arizona State University. The new change will provide many beneficial results: it will allow students to start transitioning from the theory of law to the practice of law; lead to a fundamental change in the structure of the current legal …

The American Legal Profession In Crisis: Resistance And Responses To Change, James Moliterno

James E. Moliterno

Reviewed by Herbert Kritzner in Law and Politics Book Review, 227-231.

Experiencing Civil Procedure, James Moliterno

James E. Moliterno

No abstract provided.

Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill Family

Jill E. Family

Professional Responsibility, James Moliterno

James E. Moliterno

No abstract provided.

Workplace Data: Law & Litigation (With 2014 Supplement), Robert Sprague

Robert Sprague

Workplace Data: Law and Litigation provides an overview of legal issues associated with employment-related electronically stored information (ESI), focusing on discovery issues in particular. Written for employment and labor law practitioners, this new treatise offers a comprehensive overview of today’s discovery challenges, a detailed statute-by-statute analysis of data retention requirements in federal workplace-related laws, a summary of emerging workplace social media and other technology-related issues and a guide to data protection privacy laws in North America, Europe, Asia and Oceania.