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Articles 1 - 30 of 82
Full-Text Articles in Law
Information Leaking And The United States Supreme Court, Chad Marzen, Michael Conklin
Information Leaking And The United States Supreme Court, Chad Marzen, Michael Conklin
Brigham Young University Journal of Public Law
No abstract provided.
Procedural Wrongdoing, Matthew A. Shapiro
Procedural Wrongdoing, Matthew A. Shapiro
BYU Law Review
Both the practice and the study of civil justice are rife with accusations of litigation “abuse.” Although it’s tempting to dismiss all this abuse talk as merely rhetorical, the concept of abuse in fact has deep roots in the normative structure of civil procedure’s doctrinal apparatus for regulating parties’ wrongful litigation conduct — their procedural wrongdoing. Prior accounts of procedural wrongdoing have maintained that parties abuse the civil justice system whenever they violate a procedural rule that’s calibrated to maximize the net benefits of litigation. Such accounts, however, ignore the many rules that define procedural wrongdoing not in terms of …
Utah Marriage And Divorce Laws, Kory Staheli, Stephen Elmo Averett
Utah Marriage And Divorce Laws, Kory Staheli, Stephen Elmo Averett
BYU Law Library Publications
A summary of current Utah domestic relations law, updated annually. Selected sample filing documents and links to current legal forms are included in the Appendix.
Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander
Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander
BYU Law Review
No abstract provided.
The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix
The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix
BYU Law Review
In enacting the Class Action Fairness Act of 2005 (CAFA), Congress intended to expand access to the federal courts for interstate class actions by creating minimal diversity and removal jurisdiction. In Section 2 of the Act, “Findings and Purposes,” Congress stated that class action abuses undermined “the concept of diversity jurisdiction as intended by the Framers of the United States Constitution” in that state courts kept cases of national importance out of federal court and sometimes demonstrated bias against out-of-state defendants. Congress stated that a purpose of CAFA was to “restore the intent of the framers of the United States …
Adversary Breakdown And Judicial Role Confusion In “Small Case” Civil Justice, Jessica K. Steinberg
Adversary Breakdown And Judicial Role Confusion In “Small Case” Civil Justice, Jessica K. Steinberg
BYU Law Review
This Article calls attention to the breakdown of adversary procedure in a largely unexplored area of the civil justice system: the ordinary, twoparty case. The twenty-first century judge confronts an entirely new state of affairs in presiding over the average civil matter. In place of the adversarial party contest, engineered and staged by attorneys, judges now face the rise of an unrepresented majority unable to propel claims, facts, and evidence into the courtroom. The adversary ideal favors a passive judge, but the unrealistic demands of such a paradigm in today’s “small case” civil justice system have sparked role confusion among …
Reviving The Civil Jury Trial: Implementing Short, Summary, And Expedited Trial Programs, Robert A. Patterson
Reviving The Civil Jury Trial: Implementing Short, Summary, And Expedited Trial Programs, Robert A. Patterson
BYU Law Review
No abstract provided.
Trans-Substantivity And The Processes Of American Law, David Marcus
Trans-Substantivity And The Processes Of American Law, David Marcus
BYU Law Review
The term “trans-substantive” refers to doctrine that, in form and manner of application, does not vary from one substantive context to the next. Trans-substantivity has long influenced the design of the law of civil procedure, and whether the principle should continue to do so has prompted a lot of debate among scholars. But this focus on civil procedure is too narrow. Doctrines that regulate all the processes of American law, from civil litigation to public administration, often hew to a trans-substantive norm. This Article draws upon administrative law, the doctrine of statutory interpretation, and the law of civil procedure to …
Excessive Or Warranted? The Unshackling Of Discovery Sanctions In Lee V. Max International, Llc, Daniel S. Mehr Iii
Excessive Or Warranted? The Unshackling Of Discovery Sanctions In Lee V. Max International, Llc, Daniel S. Mehr Iii
BYU Law Review
No abstract provided.
Procedural Due Process And Predictable Punitive Damage Awards, Jill Wieber Lens
Procedural Due Process And Predictable Punitive Damage Awards, Jill Wieber Lens
BYU Law Review
In Exxon Shipping Co. v. Baker, the Supreme Court’s most recent opinion on punitive damage awards, the Court declared that the real problem with punitive damage awards is their “stark unpredictability.” The Court abandoned all hope that common law jury instructions could produce predictable punitive damage awards. Instead, the Court suggested pegging punitive damage awards to compensatory damage awards. So far, analysis of the opinion has been minimal, likely due to the purported maritime law basis of the holding. Exxon should not be overlooked, however, as it signals a resurgence of procedural due process as a basis for challenging punitive …
Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam
Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam
BYU Law Review
No abstract provided.
Reaping The Benefits Of Class Cerification: How And When Should "Significant Proof" Be Required Post-Dukes?, Julie Slater
Reaping The Benefits Of Class Cerification: How And When Should "Significant Proof" Be Required Post-Dukes?, Julie Slater
BYU Law Review
No abstract provided.
But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas
But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas
BYU Law Review
No abstract provided.
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner
BYU Law Review
No abstract provided.
Close Enough For Government Work: The Committee Rulemaking Game, Paul Stancil
Close Enough For Government Work: The Committee Rulemaking Game, Paul Stancil
Faculty Scholarship
Procedural rules in U.S. courts often have predictable and systemic substantive consequences. Yet the vast majority of procedural rules are drafted, debated, and ultimately enacted by a committee rulemaking process substantially removed from significant legislative or executive supervision. This Article explores the dynamics of the committee rulemaking process through a game-theoretical lens. The model reveals that inferior players in the committee rulemaking game - advisory committees, the Standing Committee on Rules of Practice and Procedure, the Judicial Conference and the Supreme Court - are sometimes able to arbitrage Congressional transaction costs to obtain results at odds with the results Congress …
Just Go Away: Representation, Due Process, And Preclusion In Class Actions, Debra Lyn Bassett
Just Go Away: Representation, Due Process, And Preclusion In Class Actions, Debra Lyn Bassett
BYU Law Review
No abstract provided.
Balancing The Pleading Equation, Paul Stancil
Balancing The Pleading Equation, Paul Stancil
Faculty Scholarship
Pleading standards present a tale of two asymmetries. The first is informational: Plaintiffs don't know as much as defendants about defendants' alleged wrongful behavior. Given that, a liberal pleading standard may be sensible; overly demanding pleading standards may ultimately deny justice to worthy plaintiffs who cannot know critical details of their claims before filing.
But informational asymmetry is sometimes counterbalanced by a competing cost asymmetry. In certain circumstances, the cost of litigation is radically different for plaintiffs and defendants. The primary driver of this disparity is liberal discovery; in certain kinds of cases - consumer antitrust cases, for example: defendants' …
Refracting Domestic And Global Choice-Of-Forum Doctrine Through The Lens Of A Single Case, Richard D. Freer
Refracting Domestic And Global Choice-Of-Forum Doctrine Through The Lens Of A Single Case, Richard D. Freer
BYU Law Review
No abstract provided.
Who Gets Counted? Jury List Representativeness For Hispanics In Areas With Growing Hispanic Populations Under Duren V. Missouri, Stephen E. Reil
Who Gets Counted? Jury List Representativeness For Hispanics In Areas With Growing Hispanic Populations Under Duren V. Missouri, Stephen E. Reil
BYU Law Review
No abstract provided.
Constructing Class Action Reality, Debra Lyn Bassett
Constructing Class Action Reality, Debra Lyn Bassett
BYU Law Review
No abstract provided.
When Does A Party Prevail?: A Proposed "Third-Circuit-Plus" Test For Judicial Imprimatur, Matthew B. Tenney
When Does A Party Prevail?: A Proposed "Third-Circuit-Plus" Test For Judicial Imprimatur, Matthew B. Tenney
BYU Law Review
No abstract provided.
Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns
Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns
BYU Law Review
No abstract provided.
A Proposed Solution To Jury Confusion In Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo
A Proposed Solution To Jury Confusion In Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo
BYU Law Review
No abstract provided.
Getting Title Vii Back On Track: Leaving Allison Behind For The Robinson Line, W. Lyle Stamps
Getting Title Vii Back On Track: Leaving Allison Behind For The Robinson Line, W. Lyle Stamps
Brigham Young University Journal of Public Law
No abstract provided.
Advisory Juries And Their Use And Misuse In Federal Tort Claims Act Cases, Matthew L. Zabel
Advisory Juries And Their Use And Misuse In Federal Tort Claims Act Cases, Matthew L. Zabel
BYU Law Review
No abstract provided.
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
BYU Law Review
No abstract provided.
Expert Opinion Pleading: Any Merit To Special Certificates Of Merit?, Jeffrey A. Parness
Expert Opinion Pleading: Any Merit To Special Certificates Of Merit?, Jeffrey A. Parness
BYU Law Review
No abstract provided.
Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook
Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook
BYU Law Review
No abstract provided.
A Misapplication Of Daubert: Compton V. Subaru Of America Opens The Gate For Unreliable And Irrelevant Expert Testimony, Jonathan R. Schofield
A Misapplication Of Daubert: Compton V. Subaru Of America Opens The Gate For Unreliable And Irrelevant Expert Testimony, Jonathan R. Schofield
BYU Law Review
No abstract provided.
Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom
Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom
BYU Law Review
No abstract provided.