Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Attorney fees (1)
- Civil contempt (1)
- Class action certification (1)
- Conservative legal movement (1)
- Donald Trump (1)
-
- Due process (1)
- Empirical legal studies (1)
- Federal Rules of Civil Procedure (1)
- Judicial courage (1)
- Legislation (1)
- Litigation (1)
- Mass incarceration (1)
- Pennsylvania (1)
- Philadelphia (1)
- Polarization (1)
- Politics and ideology of the judiciary (1)
- Prison overcrowding (1)
- Prisoner litigation (1)
- Private enforcement of rights (1)
- Rule 23 (1)
- Rulemaking (1)
- Sentencing error (1)
- Supreme Court of the United States (1)
Articles 1 - 2 of 2
Full-Text Articles in Judges
Are There Really "Plenty Of Shapiros Out There"? A Comment On The Courage Of Norma L. Shapiro, Reid K. Weisbord, David A. Hoffman
Are There Really "Plenty Of Shapiros Out There"? A Comment On The Courage Of Norma L. Shapiro, Reid K. Weisbord, David A. Hoffman
All Faculty Scholarship
Norma Levy Shapiro, a trailblazing United States District Court Judge whose tenure on the Philadelphia federal bench spanned nearly 40 years, died July 22, 2016. This memoriam, written by two former law clerks, reflects fondly on Judge Shapiro’s judicial courage to follow her conscience even when doing so required making deeply unpopular decisions. To illustrate, this memoriam examines three of Judge Shapiro’s most memorable cases from her notable prisoner litigation docket.
First, in Harris v. Pernsley, Judge Shapiro’s principled but polarizing decisions in the Philadelphia prison overcrowding litigation elicited a now-familiar brand of snark from one (tremendous! but imperfectly …
Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang
Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang
All Faculty Scholarship
In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for …