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Recent Articles in Civil Procedure
They Were Meant For Each Other: Professor Edward Cooper And The Rules Enabling Act, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal, Anthomy J. Scricia 
Duke Law
They Were Meant For Each Other: Professor Edward Cooper And The Rules Enabling Act, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal, Anthomy J. Scricia
Faculty Scholarship
No abstract provided.
The Bp Oil Spill Settlement And The Paradox Of Public Litigation, Samuel Issacharoff, D. Theodore Rave 
NELLCO
The Bp Oil Spill Settlement And The Paradox Of Public Litigation, Samuel Issacharoff, D. Theodore Rave
New York University Law and Economics Working Papers
The streamlined administrative program that BP set up to pay claims arising out of the Deepwater Horizon Oil spill—the Gulf Coast Claims Facility (GCCF)—promised a significant transaction-cost savings over litigation in the public court system. At least in theory, that savings should have worked to the benefit of BP and claimants alike, freeing up money that would otherwise have gone to lawyers and other litigation costs to fund claimants’ recoveries. But a comparison of the GCCF to the class action settlement that replaced it reveals that the class settlement will result in greater payments to claimants. Paradoxically, the ...
Class Actions, Heightened Commonality, And Declining Access To Justice, A. Benjamin Spencer 
Washington & Lee University School of Law
Class Actions, Heightened Commonality, And Declining Access To Justice, A. Benjamin Spencer
Faculty Scholarship
A prerequisite to being certified as a class under Rule 23 of the Federal Rules of Civil Procedure is that there are "questions of law or fact common to the class." Although this “commonality” requirement had heretofore been regarded as something that was easily satisfied, in Wal-Mart Stores, Inc. v. Dukes the Supreme Court gave it new vitality by reading into it an obligation to identify among the class a common injury and common questions that are "central" to the dispute. Not only is such a reading of Rule 23’s commonality requirement unsupported by the text of the rule ...
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer 
Maurer School of Law: Indiana University
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
Intellectual Property Defenses, Gideon Parchomovsky, Alex Stein 
University of Pennsylvania Law School
Intellectual Property Defenses, Gideon Parchomovsky, Alex Stein
Faculty Scholarship
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 ...
Whose Regulatory Interests? Outsourcing The Treaty Function, Stephen B. Burbank University of Pennsylvania Law School
Whose Regulatory Interests? Outsourcing The Treaty Function, Stephen B. Burbank
Faculty Scholarship
In this article I describe the status quo in the area of foreign judgment recognition, with attention to the tension between domestic interests and international cooperation. Precisely because the future of the status quo is in doubt, I then consider current proposals for change, particularly the effort to implement the Hague Choice of Court Convention in the United States. Prominent among the normative questions raised by my account is whose interests, in addition to the litigants’ interests, are at stake – those of the United States, those of the several states, or those of interest groups waving a federal or state ...
Barring The Gates: Timing And Tailoring Environmental Standing And Greenhouse Gas Regulation After Corri V. Epa , Charles Riordan 
Boston College Law School
Barring The Gates: Timing And Tailoring Environmental Standing And Greenhouse Gas Regulation After Corri V. Epa , Charles Riordan
Boston College Environmental Affairs Law Review
In 2007, the Supreme Court affirmed the EPA’s ability to regulate greenhouse gas emissions under the Clean Air Act. Designing a regulatory scheme for GHGs, however, is difficult. Carbon dioxide, a ubiquitous GHG, is a byproduct of almost every industry in America, and regulating it places a heavy burden on emitters and administrators alike. The EPA sought to alleviate this burden by promulgating two new rules, the Timing and Tailoring Rules, designed to phase in regulation over a period of years. States and industry groups recently challenged these rules in the D.C. Circuit court in the case Coalition ...
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.
Surviving Medical Device Preemption Under 21 U.S.C. 360k: Clarifying Pleading Standards For Parallel Claims Following Twombly And Iqbal., Ashley Abraham Williams 
Seton Hall Law
Surviving Medical Device Preemption Under 21 U.S.C. 360k: Clarifying Pleading Standards For Parallel Claims Following Twombly And Iqbal., Ashley Abraham Williams
Student Scholarship
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 ...
Popular Institutions
Western New England University School of Law
Washington University School of Law
American University Washington College of Law
College of William & Mary Law School
University of Florida Levin College of Law
Georgetown University Law Center
University of Maryland Francis King Carey School of Law
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Popular Authors
Jay Carlisle
Pace University
Kevin Clermont
Cornell Law Library
Theodore Eisenberg
Cornell Law Library
Carrie Menkel-Meadow
Georgetown University Law Center
Donald Doernberg
Pace University
Scott Dodson
College of William & Mary Law School
Michael Mushlin
Pace University
Hugh McDonald
Australian Centre for Justice Innovation
Stewart Schwab
Cornell Law Library
A. Spencer
Washington & Lee University School of Law
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Popular Articles
Social Contract Theory Of John Locke (1932-1704) In The Contemporary World
Commentary On The New Maryland Rules Of Civil Procedure
Fundamentos Del Derecho Procesal Civil
Rule 26(A)(2)(B) Of The Federal Rules Of Civil Procedure: In The Interest Of Full Disclosure
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials
Nonparty Document Discovery From Corporations And Governmental Entities Under The Federal Rules Of Civil Procedure, Jay Carlisle
The Attorney–Client Privilege And Discovery Of Electronically-Stored Information
Understanding The Short History Of Plea Bargaining
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To The Civil Discovery Of Social
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