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Recent Articles in Civil Procedure
Availability Of Spousal Privileges For Same-Sex Couples, Lisa Yurwit Bergstrom, W. James Denvil 
University of Maryland Francis King Carey School of Law
Availability Of Spousal Privileges For Same-Sex Couples, Lisa Yurwit Bergstrom, W. James Denvil
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Let My Love Open The Door: The Case For Extending Marital Privileges To Unmarried Cohabitants, Julia Cardozo University of Maryland Francis King Carey School of Law
Let My Love Open The Door: The Case For Extending Marital Privileges To Unmarried Cohabitants, Julia Cardozo
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive, Richard C. Cahn 
Touro College Jacob D. Fuchsberg Law Center
Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive, Richard C. Cahn
Touro Law Review
No abstract provided.
A Barrier To Child Welfare Reform: The
Supreme Court’S Flexible Approach To
Federal Rule Of Civil Procedure 60(B)(5)
And Granting Relief To States In
Institutional Reform Litigation, Rachel Dunnington 
Seattle University School of Law
A Barrier To Child Welfare Reform: The Supreme Court’S Flexible Approach To Federal Rule Of Civil Procedure 60(B)(5) And Granting Relief To States In Institutional Reform Litigation, Rachel Dunnington
Seattle University Law Review
In a recent decision, Horne v. Flores, the Court demanded a broader and more flexible application of Federal Rule of Civil Procedure (Rule) 60(b)(5). In doing so, the Court opened the door for states to seek relief from court-enforced agreements like consent decrees. This decision undermines the use of institutional reform litigation as a means of fixing the child welfare system and thus deals a further blow to the nation’s most vulnerable citizens. This Note will discuss Horne’s impact on consent decrees stemming from institutional reform litigation in child welfare. Part II will explore the history ...
A Matter Of National Importance: The Persistent Inefficiency Of Deceptive Advertising Class Actions, Stacey M. Lantagne University of Maryland Francis King Carey School of Law
A Matter Of National Importance: The Persistent Inefficiency Of Deceptive Advertising Class Actions, Stacey M. Lantagne
Journal of Business & Technology Law
No abstract provided.
The Scope Of Discovery Of Legal Ethics In Class Action Litigation, Bernard W. Freedman 
Pepperdine University
The Scope Of Discovery Of Legal Ethics In Class Action Litigation, Bernard W. Freedman
Pepperdine Law Review
No abstract provided.
Book Reviews, James D. McGoldrick, Charles I. Nelson Pepperdine University
Book Reviews, James D. Mcgoldrick, Charles I. Nelson
Pepperdine Law Review
No abstract provided.
Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata, Matt Bove Pepperdine University
Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata, Matt Bove
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
When Dicta Attacks: Elliott V. Commodity Futures Trading Commission, Joanna E. Barnes Pepperdine University
When Dicta Attacks: Elliott V. Commodity Futures Trading Commission, Joanna E. Barnes
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act , Robin J. Arzt Pepperdine University
Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act , Robin J. Arzt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Parental Kidnapping Prevention Act: Thirty Years Later And Of No Effect? Where Can The Unwed Father Turn?, Rebecca Miller Pepperdine University
The Parental Kidnapping Prevention Act: Thirty Years Later And Of No Effect? Where Can The Unwed Father Turn?, Rebecca Miller
Pepperdine Law Review
In 1980, the federal government passed the Parental Kidnapping Prevention Act (PKPA), designed to prevent parents from attempting to “forum shop” to gain an advantage in custody disputes. A recent Utah Supreme Court decision held that jurisdiction challenges under the PKPA are waived if not raised in the lower court. This Article argues that this decision runs counter to the purpose behind the PKPA and sets a dangerous precedent. It calls for the Supreme Court to interpret the ambiguous provisions of the PKPA to resolve inconsistent rulings and protect the rights of unwed fathers.
The Damage Is Done: Ordering A New Trial Based Only On Damages, Katherine Kubale, Richard Bales Pepperdine University
The Damage Is Done: Ordering A New Trial Based Only On Damages, Katherine Kubale, Richard Bales
Pepperdine Law Review
Federal Rule of Civil Procedure 59(a) allows trial courts to grant new trials to any or all of the parties, on any or all of the issues, including damages. However, the federal circuits are split on how to handle new trials based solely on damages. One croup of circuits grants partial new trials on damages alone only if the erroneous damage amount did not in any way affect the determination of any other issue. Under this standard, a new trial on damages is allowed when the second jury can evaluate the first damage award without also re-examining other issues ...
Last Call: According First-Filed Qui Tam Complaints Greater Preclusive Effect Under Batiste'S Narrow Interpretation Of The First-To-File Rule, Daniel Long 
Boston College Law School
Last Call: According First-Filed Qui Tam Complaints Greater Preclusive Effect Under Batiste'S Narrow Interpretation Of The First-To-File Rule, Daniel Long
Boston College Law Review
On November 4, 2011, in United States ex rel. Batiste v. SLM Corp., the U.S. Court of Appeals for the D.C. Circuit held that the False Claims Act’s “first-to-file” bar does not require that a first-filed complaint plead allegations of fraud with particularity to bar subsequent complaints alleging the same material elements of fraud. In so doing, the D.C. Circuit created a circuit split with the Sixth Circuit regarding the pleading standards required by the first-to-file rule. This Comment argues that the D.C. Circuit’s interpretation better comports with the first-to-file rule’s twin policies ...
A New Procedure For State Court Personal Jurisdiction, Geoffrey P. Miller 
NELLCO
A New Procedure For State Court Personal Jurisdiction, Geoffrey P. Miller
New York University Public Law and Legal Theory Working Papers
This article explores a simple but fundamental reform of the rules governing the state court personal jurisdiction: Congress could grant federal district courts the full judicial power authorized by the Constitution coupled with discretion to dismiss, transfer or remand cases when it appears that some other forum is clearly more adequate for resolving the controversy. If implemented, this reform could improve the fairness and efficiency of civil justice in the United States.
Intellectual Property Defenses, Gideon Parchomovsky, Alex Stein NELLCO
Intellectual Property Defenses, Gideon Parchomovsky, Alex Stein
Scholarship at Penn Law
In this Essay, we offer an integrated theory of intellectual property defenses. We demonstrate that all intellectual property defenses can be fitted into three conceptual categories: general, individualized and class defenses. A general defense is the inverse of a right in rem. It goes to the validity of the intellectual property right asserted by the plaintiff, and when raised successfully it relieves not only the actual defendant, but also the public at large, of the duty to comply with the plaintiff’s intellectual property right. An individualized defense, as we define it, is the inverse of an in personam right ...
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew Popper 
American University Washington College of Law
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew Popper
Articles in Law Reviews & Other Academic Journals
The focus of this article is on the difficulty of securing in personam jurisdiction over foreign entities who steal information technology and intellectual property (IT and IP). The value of stolen IT and IP is somewhere in the range of a trillion dollars over the last decade. Given the current inability to prevent those losses or deter meaningfully those engaged in the misconduct, the article explores the core of the problem: the difficulty of satisfying the minimum contact/fairness requirements of Article III courts. The article addresses several alternative approaches that might allow for more efficient protection of IT and ...
Wherefore Art Though Romeo: Revitalizing Youngberg's Protection Of Liberty For The Civilly Committed, Rosalie Berger Levinson Boston College Law School
Wherefore Art Though Romeo: Revitalizing Youngberg's Protection Of Liberty For The Civilly Committed, Rosalie Berger Levinson
Boston College Law Review
Thirty years ago, in Youngberg v. Romeo, the U.S. Supreme Court recognized that those who are involuntarily committed in a state institution enjoy a constitutionally protected liberty interest, which protects the right to reasonably safe conditions of confinement, freedom from unreasonable restraint, and minimally adequate training sufficient to ensure these liberty interests. In a unanimous decision, the Court held that when government officials make decisions that constitute a substantial departure from professional judgment, causing injury to these liberty interests, the officials violate the substantive due process guarantee of the Fifth and Fourteenth Amendments to the U.S. Constitution. Despite ...
In Search Of The Most Adequate Forum: State Court Personal Jurisdiction, Geoffrey P. Miller NELLCO
In Search Of The Most Adequate Forum: State Court Personal Jurisdiction, Geoffrey P. Miller
New York University Public Law and Legal Theory Working Papers
To what extent do the rules on state court personal jurisdiction distribute litigation to the forum that can resolve the dispute at the lowest social cost? It turns out that current rules do select the least-cost forum in many cases. However, three problems interfere with the goal of minimizing the costs of dispute resolution: (a) analysis under the Due Process Clause does not account for the full social costs of litigation; (b) federalism-based concerns sometimes allow state courts to adjudicate cases when they are not the most adequate forums; (c) institutional factors constrain the Supreme Court’s ability to prevent ...
Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel 
University of Nevada, Las Vegas -- William S. Boyd School of Law
Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel
Nevada Law Journal
No abstract provided.
A "Fundamentally Unfair" Removal Proceeding: Denial Of Due Process And Ineffective Assistance Of Counsel In Contreras V. Attorney General, Hayley Trahan-Liptak Boston College Law School
A "Fundamentally Unfair" Removal Proceeding: Denial Of Due Process And Ineffective Assistance Of Counsel In Contreras V. Attorney General, Hayley Trahan-Liptak
Boston College Journal of Law & Social Justice
On January 4, 2012, in Contreras v. Attorney General of the United States, the U.S. Court of Appeals for the Third Circuit held that the Fifth Amendment due process right to effective assistance of counsel does not apply to immigration filings prior to removal proceedings. The court reasoned that this is the case even if counsel’s mistakes jeopardize a subsequent removal preceding. In so holding, the court failed to recognize that the fundamental fairness of a removal hearing may be based on years of process and that pre-proceeding asylum applications are inextricably linked with removal procedures themselves. This ...
Popular Institutions
Popular Authors
Jay Carlisle
Pace University
Scott Dodson
College of William & Mary Law School
Kevin Clermont
Cornell Law Library
Carrie Menkel-Meadow
Georgetown University Law Center
Theodore Eisenberg
Cornell Law Library
A. Kimberley Dayton
William Mitchell College of Law
Donald Doernberg
Pace University
Michael Mushlin
Pace University
Jeffrey Tuomala
Liberty University
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Popular Articles
Social Contract Theory Of John Locke (1932-1704) In The Contemporary World
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials
Commentary On The New Maryland Rules Of Civil Procedure
The Attorney–Client Privilege And Discovery Of Electronically-Stored Information
Nonparty Document Discovery From Corporations And Governmental Entities Under The Federal Rules Of Civil Procedure, Jay Carlisle
Complex Dispute Resolution: Volume Iii: Introduction And Coda: International Dispute Resolution, Carrie Menkel-Meadow
Fundamentos Del Derecho Procesal Civil
Personal Jurisdiction And The Stream Of Commerce, A. Kimberley Dayton
Applying The Stored Communications Act
To The Civil Discovery Of Social
Networking Sites
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