Process, People, Power And Policy: Empirical Studies Of Civil Procedure And Courts, 2010 Georgetown University Law Center
Process, People, Power And Policy: Empirical Studies Of Civil Procedure And Courts, Carrie Menkel-Meadow, Bryant Garth
Georgetown Law Faculty Publications and Other Works
This review essay, by Professor Carrie Menkel-Meadow and Dean Bryant Garth, reports on the history and deployment of empirical studies of civil procedure rules, court policies, and legal developments for reforms of court procedures and practices in both the United States and England and Wales. It traces the influence of particular individuals (e.g., Charles Clark in the United States, and Harry Woolf in England) in the use of empirical studies of litigation patterns and court rules to effectuate legal reforms. The essay reviews some particularly contentious issues over time, such as whether there is/was too much or too ...
If We Don’T Get Civil Gideon: Trying To Make The Best Of The Civil-Justice Market, 2010 Duke Law School
If We Don’T Get Civil Gideon: Trying To Make The Best Of The Civil-Justice Market, Thomas D. Rowe Jr.
This article considers what market-oriented or market-regulation approaches might be most practical and helpful in trying to satisfy unmet civil legal-service needs and how much it appears that such approaches may be able to succeed in doing so.
Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, 2010 University of Colorado Law School
Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide For Judges, Sarah Krakoff
This Article provides a summary of the law of tribal civil jurisdiction over persons who are not members of the governing tribe ("nonmembers'), followed by an analysis of trends in the lower courts. It was written to respond to a consensus view at the University of Colorado Law Review Symposium: "The Next Great Generation of American Indian Law Judges," in January 2010, that a concise, practical, yet in-depth treatment of this subject would be useful to the judiciary as well as practitioners. The Article traces the development of the Supreme Court's common law of tribal civil judicial jurisdiction from ...
Response: Anti-Discrimination Law In Peril?, 2010 Duke Law School
Response: Anti-Discrimination Law In Peril?, Trina Jones
No abstract provided.
Blind Expertise, 2009 Harvard Law School
Blind Expertise, Christopher Robertson
Christopher T. Robertson
America spends hundreds of billions of dollars on its system of civil litigation, and expert witnesses appear in the vast majority of cases. Yet, litigants currently select and retain expert witnesses in ways that create the appearance of biased hired-guns on both sides of every case and thereby deprive factfinders of a clear view of the scientific facts. As a result, factfinders too often get it wrong, which undermines deterrence and compensation and facilitates frivolous claims and defenses. Although many have suggested that court-appointed experts could be a solution, such proposals raise concerns about accuracy and fairness and have failed ...
Accountable Care Organizations: The Clash Of Liability Standards With Cost Cutting Goals, 2009 American University Washington College of Law
Accountable Care Organizations: The Clash Of Liability Standards With Cost Cutting Goals, Christopher Smith
Christopher R Smith
This article seeks to examine the conflict between non-cost conscious medical malpractice liability standards and health care cost cutting measures within the context of Accountable Care Organizations (“ACOs”) under the new health care reform law. The article begins by providing an overview of the high level of health care spending within the United States health care system in order to provide a context for better understanding policymakers’ push for cost cutting measures, including ACOs. The article then examines the tension between cost containment efforts and provider medical liability standards through an examination of the “stuck in the middle” mentality that ...
Antitrust, Class Certification, And The Politics Of Procedure, 2009 University of San Francisco
Antitrust, Class Certification, And The Politics Of Procedure, Joshua Davis, Eric Cramer
Joshua P. Davis
This Article develops two arguments against a possible trend in federal appellate courts toward imposing a new, heightened standard for class certification in antitrust cases. Recent case law can be read to imply that trial judges may make findings of fact on the merits in deciding class certification, including about whether plaintiffs will be able to show with class-wide evidence that every class member was harmed by allegedly anticompetitive conduct. The first argument is that the potential new standard would require a showing at class certification on an issue—whether all class members were injured—that plaintiffs need not, and ...
D Is For Digitize: An Introduction, 2009 New York Law School
D Is For Digitize: An Introduction, James Grimmelmann
This brief introductory essay reviews the history of D is for Digitize conference on the Google Books settlement and provides an overview of the seven articles in the symposium issue.
The "Manifest Disregard" Standard For Vacatur: Is Hall Street One Way?, 2009 Case Western Reserve University
The "Manifest Disregard" Standard For Vacatur: Is Hall Street One Way?, Robert Rapp
Robert N Rapp
No abstract provided.
Cali Ethics For Clinics Tutorials, 2009 Boston College Law School
Cali Ethics For Clinics Tutorials, Alexis Anderson
Unfair Competition And Uncommon Sense, 2009 Georgetown University
Unfair Competition And Uncommon Sense, Rebecca Tushnet
This article discusses Mark McKenna’s Testing Modern Trademark Law’s Theory of Harm as an important step forward in challenging trademark expansionism, going back to basics and asking us to assess for truth value several propositions that now seem so self-evident to lawyers and judges as to not require any empirical support at all. Like McKenna, the author believes that if the law looked for the evidence behind present axioms of harm, it would not find much there. McKenna and the author share an interest in empirical evidence on marketing and a desire to bring its insights to trademark ...
Islamic Financial System Rescue To The Global Financial Crisis A Study On The Origin Of Subprime Mortgage Crisis And Rescue Offered By Islamic Financial System, Shafaq Khan
The severity of the Subprime mortgage crisis has traumatised the foundations of the conventional financial system and has led to the search for cure of losses suffered and reforms against such crisis in future. During this crisis we have witnessed the impacts of irregularities done and insufficient monitoring of the complex financial products in the financial market. Standard regulations in the loan industry under conventional financial system proved to be insufficient to tackle the crisis. During the Subprime mortgage crisis, when the hot real estate markets were converting into foreclosure capitals, Islamic financial market was impervious from its impacts. This ...
Compilador. “Debate Interamericano", 2009 Pontificia Universidad Javeriana
Compilador. “Debate Interamericano", Alvaro Amaya-Villarreal
Alvaro Francisco Amaya-Villarreal
No abstract provided.
Back To The Future: Discovery Cost Allocation And Modern Procedural Theory, 2009 Northwestern University School of Law
Back To The Future: Discovery Cost Allocation And Modern Procedural Theory, Martin Redish, Colleen Mcnamara
Martin H Redish
It has long been established that as a general rule, discovery costs are to remain with the party from whom discovery has been sought. While courts have authority to "shift" costs in an individual instance, the presumption against such an alteration in traditional practice is quite strong. Yet at no point did the drafters of the original Federal Rules of Civil Procedure ever make an explicit decision to allocate discovery costs in this manner. Nor, apparently, did they (or anyone since) ever explain why such an allocation choice is to be made in the first place. As a result, our ...
Reaching Settlement, 2009 Southeast Missouri State University
Reaching Settlement, Pamela Gershuny
Disputes arise in business. Approximately 65,000 businesses, including 35-53% of small businesses managers, are involved in a lawsuit in federal court each year. Even when business managers are represented by experienced attorneys, successful managers cannot and should not entirely delegate the final decision to resolve a dispute through trial or through settlement to their attorneys. It is a managerial responsibility to communicate effectively with attorneys to settle disputes quickly and cheaply. Being prepared to settle early can avert a more expensive settlement later and/or a significant and costly loss at trial. As one executive said after a $7 ...
The Anglo-American Perspective On Freezing Injunctions, 2009 Rikkyo University
The Anglo-American Perspective On Freezing Injunctions, Masayuki Tamaruya
Freezing injunctions are pre-trial orders to restrain a defendant from dealing with his assets so as to forestall his attempt to frustrate the potential money judgment against him. Freezing injunctions have been adopted in most common law jurisdictions as an effective civil remedy to combat attempts by recalcitrant debtors or fraudsters to frustrate potential money judgments by use of ever faster methods of fund transfer. However, in Grupo Mexicano de Desarrollo SA v Alliance Bond Fund Inc, the US Supreme Court by a 5:4 judgment declared that the US District Court does not have the equitable jurisdiction to grant ...
Civil Procedure For All States: A Context And Practice Casebook, 2009 Regent University School of Law
Civil Procedure For All States: A Context And Practice Casebook, Benjamin Madison, Iii
Benjamin V Madison, III
The casebook forms part of the "Context and Practice" casebook series, edited by Michael Hunter Schwartz and Gerald Hess. The casebooks integrate the method of teachin advocated by the Carnegie Insitute's EDUCATING LAWYERS (2007) and the Clinical Legal Education Association's BEST PRACTICES FOR LEGAL EDUCATION (2007). Thus, the casebooks include not only traditional case material in which students learn legal doctrine (in this case, federal and state pretrial practice and procedure), but also exercise in each chapter for the professor to employ experiential and skills learning, and exercises in each chapter in which students engage in questions of ...
People’S Jury System（人民陪审员制度）, 2009 Selected Works
People’S Jury System（人民陪审员制度）, Henry Hu
Henry L Hu
No abstract provided.
Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, 2009 University of Colorado at Boulder
Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, Melissa Hart
Melissa R Hart
No abstract provided.
Just The Facts: Solving The Corporate Privilege Waiver Dilemma, 2009 Columbia Law School at Catholic University
Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don Berthiaume
Don R Berthiaume
How can corporations provide “just the facts” — which are, in fact, not privileged — without waiving the attorney client privilege and work product protection? This article argues for an addition to the Federal Rules of Criminal Procedure based upon Rule 30(b)(6) of the Federal Rules of Civil Procedure, which allows civil litigants to issue a subpoena to an organization and cause them to “designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf … about information known or reasonably available to the organization.” Why should we look to Fed ...