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Articles 61 - 85 of 85
Full-Text Articles in Law
Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin
Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin
Robert J. Condlin
After seventy years of trying, the Supreme Court has yet to agree on whether the Rules Enabling Act articulates a one or two part standard for determining the validity of a Federal Rule. Is it enough that a Federal Rule regulates “practice and procedure,” or must it also not “abridge substantive rights”? The Enabling Act seems to require both, but the Court is not so sure, and the costs of its uncertainty are real. Among other things, litigants must guess whether the decision to apply a Federal Rule in a given case will depend upon predictable ritual, judicial power grab, …
Drafting New York Civil-Litigation Documents: Part Xxxiii—Contempt Motions Continued, Gerald Lebovits
Drafting New York Civil-Litigation Documents: Part Xxxiii—Contempt Motions Continued, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part Iii, Gerald Lebovits
New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part Iii, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Cy Pres And The Optimal Class Action, Jay Tidmarsh
Cy Pres And The Optimal Class Action, Jay Tidmarsh
Jay Tidmarsh
Prepared for a symposium on class actions, this Article examines the problem of cy pres relief in class actions through the lens of optimal claim structure and class membership. It finds that the present cy pres doctrine does little to advance the creation of optimal class actions, and that it may do some harm to achieving that goal. The Article then proposes an alternative “nudge” to induce putative class counsel to structure class actions in an optimal way: setting attorneys’ fees so that counsel is compensated through a combination of an hourly market rate and a percentage of the net …
Drafting New York Civil-Litigation Documents: Part Xxxii—Contempt Motions, Gerald Lebovits
Drafting New York Civil-Litigation Documents: Part Xxxii—Contempt Motions, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
The Donau Chemie Case: Access To File As A Guarantee Of Access To Justice In Cross-Border Litigation, Emanuela Matei
The Donau Chemie Case: Access To File As A Guarantee Of Access To Justice In Cross-Border Litigation, Emanuela Matei
Emanuela A. Matei
No abstract provided.
New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part Ii, Gerald Lebovits
New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part Ii, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Drafting New York Civil-Ligation Documents: Part Xxxi—Subpoenas Continued, Gerald Lebovits
Drafting New York Civil-Ligation Documents: Part Xxxi—Subpoenas Continued, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Changing Your Name In New York: A Guide For Attorneys And The Self-Represented—Part Iii, Gerald Lebovits
Changing Your Name In New York: A Guide For Attorneys And The Self-Represented—Part Iii, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part I, Gerald Lebovits
New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part I, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Drafting New York Civil-Litigation Documents: Part Xxx—Subpoenas, Gerald Lebovits
Drafting New York Civil-Litigation Documents: Part Xxx—Subpoenas, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
The Political And Professional Context Of Rule Making, Daniel Coquillette
The Political And Professional Context Of Rule Making, Daniel Coquillette
Daniel R. Coquillette
No abstract provided.
Retroactivity And Prospectivity Of Judgments In American Law, Richard Kay
Retroactivity And Prospectivity Of Judgments In American Law, Richard Kay
Richard Kay
In every American jurisdiction, new rules of law announced by a court are presumed to have retrospective effect—that is, they are presumed to apply to events occurring before the date of judgment. There are, however, exceptions in certain cases where a court believes that such application of the new rule will upset serious and reasonable reliance on the prior state of the law. This essay, a substantially abridged version of the United States Report on the subject, submitted at the Nineteenth International Congress of Comparative Law, summarizes these exceptional cases. It shows that the proper occasions for issuing exclusively or …
Morphing Case Boundaries In Multidistrict Litigation Settlements, Margaret Thomas
Morphing Case Boundaries In Multidistrict Litigation Settlements, Margaret Thomas
Margaret S. Thomas
The boundaries of federal multidistrict litigation (MDL) are blurring, as district courts seek innovative ways to facilitate global settlements to resolve multijurisdictional, multidimensional, national mass torts. The techniques emerging from the district courts have mostly evaded appellate review and received little scholarly attention, but they raise important challenges to traditional understandings of the nature of MDL and complex litigation. This Article argues that factually similar cases proceeding in multiple court systems in mass tort disputes create a “federalism problem” for global settlements: global settlements typically benefit from oversight by a single judge, but often there is no single judge who …
Life After Comcast: Reasonable Interpretations Preserve The Rule And Keep Class Actions Alive, Brittni W. King
Life After Comcast: Reasonable Interpretations Preserve The Rule And Keep Class Actions Alive, Brittni W. King
Brittni W King
No abstract provided.
Inhibiting Patent Trolling: A New Approach For Applying Rule 11 (Working Paper), Young Jeon, Eric J. Rogers
Inhibiting Patent Trolling: A New Approach For Applying Rule 11 (Working Paper), Young Jeon, Eric J. Rogers
Youngsik Jeon
The existing Rule 11 of the FRCP can be immediately harnessed to help solve the patent troll, nuisance-lawsuit problem. Currently there is the perception that too many litigious entities, commonly referred to as “patent trolls,” are creating too much dead-weight economic waste in society. The popular view is that there has been an alarming rise in the number of patent trolls that make no products but try to monetize patents by filing dubious patent infringement lawsuits merely to extract money from commercially productive companies that actually make products and use technologies for society’s benefit. Defining “patent troll” is probably too …
The Practice And Theory Of Lawyer Disqualification, Keith Swisher
The Practice And Theory Of Lawyer Disqualification, Keith Swisher
Keith Swisher
Lawyer disqualification is commonly feared — as a “strategic,” “tactical,” and “harassing” “potent weapon” depriving clients of their trusted counsel of choice. Although disqualification comes with costs, fundamental misunderstandings fuel this common fear. This Article finds that disqualification is a uniquely effective remedy for lawyer misconduct and makes the following contributions to the law and practice of lawyer disqualification: (1) an exhaustive study surveying disqualification cases and refuting the common misconception that disqualification motions are uncontrollably on the rise and uncontrollably bad; (2) an accessible analysis of lawyer disqualification doctrine that permits lawyers and judges to begin assessing common disqualification …
Administrative Arbitrary Embarrassments At Brazilian Social Security Procedures, Carlos Luiz Strapazzon, Maria Helena Pinheiro Renck
Administrative Arbitrary Embarrassments At Brazilian Social Security Procedures, Carlos Luiz Strapazzon, Maria Helena Pinheiro Renck
Carlos Luiz Strapazzon
Within Brazilian constitutional system, Social Security rights are fundamental rights. However, social insurance is divided into two branches: by one side, Pensions Rights (also called Direitos Previdenciários), by the other, the Social Assistance Rights. The former exists to protect some special rights-holders from several social risks (health, death, injury, unemployment, old-age, etc.), through regular payments made by the State. It works as a public insurance system directed by the Social Insurance National Institute (INSS). This paper maintain that several administrative embarrassments disturb too much seriously a regular acess to those payments by the needy citizens (right-holders). Likewise, it maintains that …
Mapping Supreme Court Doctrine: Civil Pleading, Scott Dodson, Colin Starger
Mapping Supreme Court Doctrine: Civil Pleading, Scott Dodson, Colin Starger
Scott Dodson
This essay, adapted from the video presentation available at http://vimeo.com/89845875, graphically depicts the genealogy and evolution of federal civil pleading standards in U.S. Supreme Court opinions over time. We show that the standard narrative—of a decline in pleading liberality from Conley to Twombly to Iqbal—is complicated by both progenitors and progeny. We therefore offer a fuller picture of the doctrine of Rule 8 pleading that ought to be of use to judges and practitioners in federal court. We also hope to introduce a new visual format for academic scholarship that capitalizes on the virtues of narration, graphics, mapping, online accessibility, …
Party Subordinance In Federal Litigation, Scott Dodson
Party Subordinance In Federal Litigation, Scott Dodson
Scott Dodson
American civil litigation in federal courts operates under a presumption of party dominance. Parties choose the lawsuit structure, factual predicates, and legal arguments, and the court accepts these choices. Further, parties enter ubiquitous ex ante agreements that purport to alter the law governing their dispute, along with a chorus of calls for even more party-driven customization of litigation. The assumption behind this model of party dominance is that parties substantially control both the law that will govern their dispute and the judges that oversee it. This Article challenges that assumption by offering a reoriented model of party subordinance. Under my …
До Питання Визначення Принципів Досудового Врегулювання Публічно-Правових Спорів, Sergey V. Kivalov
До Питання Визначення Принципів Досудового Врегулювання Публічно-Правових Спорів, Sergey V. Kivalov
Sergey V. Kivalov
Article is devoted to the formation of the basic foundations of pre-trial settlement of public law disputes referred to the jurisdiction of the administrative courts. The system of pre-trial settlement of the principles of public law disputes are characterized by their types and content specific legal principles study procedures. Puts more emphasis on the content of the principles of neutrality and disinterestedness, equality, voluntariness and confidentiality procedures.
Revisiting The Government As Plaintiff, Elizabeth Chamblee Burch
Revisiting The Government As Plaintiff, Elizabeth Chamblee Burch
Elizabeth Chamblee Burch
This is a symposium essay dedicated to the late Richard Nagareda and written in response to Adam S. Zimmerman's piece, The Corrective Justice State. As Professor Zimmerman recognizes, the debate over governments acting as plaintiffs and “regulating by deal” has shifted from initial questions over whether litigation produces the best public policy and whether executive officials are acting within the scope of their authority to how government actors should pursue and allocate settlements. Yet, as this first wave of controversy suggests, the slate upon which executive officials currently write is neither clean nor uncontroversial. Instead, this new debate is playing …
Consumer-Credit Lawsuits In The New York City Civil Court, Gerald Lebovits
Consumer-Credit Lawsuits In The New York City Civil Court, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
New York Residential Landlord-Tenant Law And Procedure—2013-2014 (6th Ed. 2014), Gerald Lebovits
New York Residential Landlord-Tenant Law And Procedure—2013-2014 (6th Ed. 2014), Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Drafting New York Civil-Litigation Documents: Part Xxix—Disclosure Motions Continued, Gerald Lebovits
Drafting New York Civil-Litigation Documents: Part Xxix—Disclosure Motions Continued, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.