Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Civil Procedure (46)
- Civil procedure (44)
- Civil Practice (23)
- Selected Professional Activities (22)
- Class actions (20)
-
- Courts (19)
- Constitutional Law (17)
- Jurisprudence (16)
- Criminal Procedure (14)
- Immigration Law (13)
- Practice and Procedure (13)
- Civil Rights and Discrimination (12)
- Legal Ethics (12)
- Critical Race Theory (11)
- Federal courts (11)
- Federal Rules of Civil Procedure (10)
- Procedure (10)
- Empirical legal studies (9)
- Immigration law (9)
- Legal Education (9)
- Litigation (9)
- Multidistrict Litigation and Nonclass Aggregate Litigation (9)
- Personal jurisdiction (9)
- Presentations (9)
- Jurisdiction (8)
- LGBTQ (8)
- Politics (8)
- Evidence (7)
- Federal Courts (7)
- Feminist Theory (7)
- Publication Year
- Publication
-
- Hon. Gerald Lebovits (42)
- James E. Moliterno (31)
- Kevin M. Clermont (31)
- Robert M. Bloom (28)
- Robert Bloom (23)
-
- Steven S. Gensler (17)
- Fort Ninamancco Cordova (16)
- Jay Tidmarsh (15)
- Darren L Hutchinson (12)
- Scott Dodson (12)
- Elizabeth Chamblee Burch (11)
- Valerie P. Hans (11)
- Jill E. Family (10)
- Aaron-Andrew P. Bruhl (9)
- David Swank (9)
- Howard M Wasserman (8)
- Matthew Lyon (8)
- Stephen N. Subrin (8)
- José Balcázar Quiroz (7)
- Doug Rendleman (6)
- Nancy Welsh (6)
- Tanya Pierce (6)
- Ivo Teixeira Gico Jr. (5)
- Jennifer E Spreng (5)
- Liesa L. Richter (5)
- Mark Spiegel (5)
- Sean Farhang (5)
- ANGEL RIMASCCA HUARANCCA (4)
- Chimene I Keitner (4)
- James H. Seckinger (4)
- File Type
Articles 31 - 60 of 579
Full-Text Articles in Law
Can Nfl Players Obtain Judicial Review Of Arbitration Decisions On The Merits When A Typical Hourly Union Worker Cannot Obtain This Unusual Court Access?, Michael Z. Green, Kyle T. Carney
Can Nfl Players Obtain Judicial Review Of Arbitration Decisions On The Merits When A Typical Hourly Union Worker Cannot Obtain This Unusual Court Access?, Michael Z. Green, Kyle T. Carney
Michael Z. Green
Several recent court cases, brought on behalf of National Football League (NFL) players by their union, the NFL Players Association (NFLPA), have increased media and public attention to the challenges of labor arbitrator decisions in federal courts. The Supreme Court has established a body of federal common law that places a high premium on deferring to labor arbitrator decisions and counseling against judges deciding the merits of disputes covered by a collective bargaining agreement (CBA). A recent trend suggests federal judges have ignored this body of law and analyzed the merits of labor arbitration decisions in the NFL setting.
NFL …
Rethinking Civil Rico: The Vexing Problem Of Causation In Fraud-Based Claims Under 18 U.S.C. § 1962(C), Randy D. Gordon
Rethinking Civil Rico: The Vexing Problem Of Causation In Fraud-Based Claims Under 18 U.S.C. § 1962(C), Randy D. Gordon
Randy D. Gordon
To recover in a private action, the three-part structure of RICO demands proof of particularized crimes at two levels and civil standing to sue for those crimes. The interpretation and application of the standing requirement — which arises from the statute’s mandate that compensable injuries be caused “by reason of” acts of racketeering — have bedeviled courts and litigants for decades. Recent developments in class action law have exacerbated the problem. As more and more courts have rendered it nearly impossible to certify classes asserting state-law claims, class plaintiffs have turned to uniform federal laws like RICO. But civil RICO …
Only One Kick At The Cat: A Contextual Rubric For Evaluating Res Judicata And Collateral Estoppel In International Commercial Arbitration, Randy D. Gordon
Only One Kick At The Cat: A Contextual Rubric For Evaluating Res Judicata And Collateral Estoppel In International Commercial Arbitration, Randy D. Gordon
Randy D. Gordon
Arbitration is the preferred method of resolving disputes arising out of international commercial transactions. It stands outside national legal systems because contracting parties agree in advance that they want neutral arbitrators — not local judges and juries — deciding who is at fault when a commercial relationship breaks down. But arbitration nevertheless butts up against litigation from time to time, often because one party attempts to arbitrate a matter that has been litigated to conclusion or vice versa. This article examines — through a contextual approach — questions of preclusion that thereby arise and ultimately suggests that res judicata and …
Aggregation On Defendants' Terms: Bristol-Myers Squibb And The Federalization Of Mass-Tort Litigation, Andrew D. Bradt, D. Theodore Rave
Aggregation On Defendants' Terms: Bristol-Myers Squibb And The Federalization Of Mass-Tort Litigation, Andrew D. Bradt, D. Theodore Rave
Andrew D. Bradt
Although it is destined for the personal jurisdiction canon, the Supreme Court’s eight-to-one decision in Bristol-Myers Squibb Co. v. Superior Court does little to clarify that notoriously hazy doctrine. It does, however, significantly alter the balance of power in complex litigation. Bristol-Myers is a landmark case because it makes both mass-tort class actions and mass joinders impracticable in almost any state court outside of the defendant’s home states. With federal courts already hostile to class actions, plaintiffs who want to aggregate their claims will have to do so on the defendant’s terms: either on the defendant’s home turf or in …
Delegating Procedure, Matthew A. Shapiro
Delegating Procedure, Matthew A. Shapiro
Matthew Shapiro
Police Misconduct, Video Recording, And Procedural Barriers To Rights Enforcement, Howard M. Wasserman
Police Misconduct, Video Recording, And Procedural Barriers To Rights Enforcement, Howard M. Wasserman
Howard M Wasserman
The story of police reform and of "policing the police" has become the story of video and video evidence, and "record everything to know the truth" has become the singular mantra. Video, both police-created and citizen-created, has become the singular tool for ensuring police accountability, reforming law enforcement, and enforcing the rights of victims of police misconduct. This Article explores procedural problems surrounding the use of video recording and video evidence to counter police misconduct, hold individual officers and governments accountable, and reform departmental policies, regulations, and practices. It considers four issues: 1) the mistaken belief that video can "speak …
Class Action Settlement Residue And Cy Pres Awards: Emerging Problems And Practical Solutions, Wilber H. Boies, Latonia Haney Keith
Class Action Settlement Residue And Cy Pres Awards: Emerging Problems And Practical Solutions, Wilber H. Boies, Latonia Haney Keith
Latonia Haney Keith
Class action settlements often present the court and parties with the practical problem of disposing of residual funds that remain after distributions to class members. The cy pres doctrine is a well-recognized device that permits the court to designate suitable organizations to receive such funds. Recently, academics, judges, practitioners, and professional objectors have mounted a multi-faceted attack on this device, ranging from constitutional and ethical concerns to appeals challenging specific awards. This Article first describes the use of cy pres awards in class action settlements and explains why the constitutional, statutory, and ethical objections are unfounded. This Article then addresses …
Jurisdiction In The Trump Era, Scott Dodson
Jurisdiction In The Trump Era, Scott Dodson
Scott Dodson
Personal Jurisdiction And Aliens, Scott Dodson, William Dodge
Personal Jurisdiction And Aliens, Scott Dodson, William Dodge
Scott Dodson
Personal Jurisdiction And Aggregation, Scott Dodson
Personal Jurisdiction And Aggregation, Scott Dodson
Scott Dodson
Civil Procedure's Five Big Ideas, Kevin M. Clermont
Civil Procedure's Five Big Ideas, Kevin M. Clermont
Kevin M. Clermont
Civil procedure, more than any other of the basic law-school courses, conveys to students an understanding of the whole legal system. I propose that this purpose should become, more openly, the organizing theme of the course. The focus should remain, of course, on the mechanics of the judicial branch. What I champion is giving some conscious attention, albeit mainly in the background and at an introductory level, to the big ideas of the constitutional structure within which the law formulates civil procedure. Such attention would unify the doctrinal study, while enriching it for the students and revealing its true importance.
Insuring Bias: Does Evidence Of Common Insurance Demonstrate Relevant Expert Witness Bias In Medical Negligence Litigation?, 55 Duq. L. Rev. 339 (2017), Marc Ginsberg
Marc D. Ginsberg
No abstract provided.
The Actavis Inference: Theory And Practice, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
The Actavis Inference: Theory And Practice, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Aaron Edlin
In FTC v. Actavis, Inc., the Supreme Court considered "reverse payment" settlements of patent infringement litigation. In such a settlement, a patentee pays the alleged infringer to settle, and the alleged infringer agrees not to enter the market for a period of time. The Court held that a reverse payment settlement violates antitrust law if the patentee is paying to avoid competition. The core insight of Actavis is the Actavis Inference: a large and otherwise unexplained payment, combined with delayed entry, supports a reasonable inference of harm to consumers from lessened competition.This paper is an effort to assist courts and …
Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Aaron Edlin
The Supreme Court’s opinion in Federal Trade Commission v. Actavis, Inc. provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. In our previous article, Activating Actavis, we identified and operationalized the essential features of the Court’s analysis. Our analysis has been challenged by four economists, who argue that our approach might condemn procompetitive settlements.As we explain in this reply, such settlements are feasible, however, only under special circumstances. Moreover, even where feasible, the parties would not actually choose such a settlement in equilibrium. These considerations, and others discussed in the reply, serve to confirm …
El Derecho De Acceso A La Justicia Civil En Chile., Ricardo Lillo, Macarena Vargas
El Derecho De Acceso A La Justicia Civil En Chile., Ricardo Lillo, Macarena Vargas
Ricardo Lillo
Parochial Procedure, Maggie Gardner
Parochial Procedure, Maggie Gardner
Maggie Gardner
The federal courts are often accused of being too parochial, favoring U.S. parties over foreigners and U.S. law over relevant foreign or international law. According to what this Article terms the “parochial critique,” the courts’ U.S.-centrism generates unnecessary friction with allies, regulatory conflict, and access-to-justice gaps. This parochialism is assumed to reflect the preferences of individual judges: persuade judges to like international law and transnational cases better, the standard story goes, and the courts will reach more cosmopolitan results. This Article challenges that assumption. I argue instead that parochial doctrines can develop even in the absence of parochial judges. Our …
The Stricter Standard: An Empirical Assessment Of Daubert’S Effect On Civil Defendants, Andrew Jurs, Scott Devito
The Stricter Standard: An Empirical Assessment Of Daubert’S Effect On Civil Defendants, Andrew Jurs, Scott Devito
Scott DeVito
No abstract provided.
Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz
Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz
Erwin Chemerinsky
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
The Future Of Oral Arguments, Jay Tidmarsh
The Future Of Oral Arguments, Jay Tidmarsh
Jay Tidmarsh
The civil-justice literature is replete with discussions of two phenomena: case management and the vanishing trial. These two phenomena are not unrelated. One commonly state goal of case management is to find ways, other than trial, to resolve civil disputes that find their way into court. Some observers find the movements toward case management and away from trial to be salutary; others find them disquieting. Regardless of the merits of this debate, the delivery of civil justice is undeniably evolving.
This evolution affects and changes many of the traditional attributes of American-style civil justice. The Essay examines one of these …
"A Radical Proposal": The Multidistrict Litigation Act Of 1968, Andrew D. Bradt
"A Radical Proposal": The Multidistrict Litigation Act Of 1968, Andrew D. Bradt
Andrew D. Bradt
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner
Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner
Max Minzner
No abstract provided.
A View From The Sky: A General Overview About Civil Litigation In The United States With Reference To The Relief In Small And Simple Matters, Manuel A. Gómez, Juan Carlos Gómez
A View From The Sky: A General Overview About Civil Litigation In The United States With Reference To The Relief In Small And Simple Matters, Manuel A. Gómez, Juan Carlos Gómez
Manuel A. Gómez
This article, which is based on the research conducted for the General Report ‘Relief in Small and Simple Matters in an Age of Austerity’ presented at the XV World Congress of Procedural Law, provides a contextualised and broad overview of these phenomena in the United States. After describing the general features of the federal and state judiciaries, including its adversarial model of judging, and the importance of the jury system, the article turns its attention to discuss the factors that affect the cost of litigation in the United States, the different models of litigation funding, the available legal aid mechanisms, …
Curtailing Civil Rico's Long Reach: Establishing New Boundaries For Venue And Personal Jurisdiction Under 18 U.S.C. 1965, 75 Neb. L. Rev. 476 (1996), Darby Dickerson
Curtailing Civil Rico's Long Reach: Establishing New Boundaries For Venue And Personal Jurisdiction Under 18 U.S.C. 1965, 75 Neb. L. Rev. 476 (1996), Darby Dickerson
Darby Dickerson
No abstract provided.
The Blurred Blue Line: Muncipal Liablity, Police Indemnification, And Financial Accountability In Section 1983 Litigation, Teressa E. Ravenell, Armando Brigandi
The Blurred Blue Line: Muncipal Liablity, Police Indemnification, And Financial Accountability In Section 1983 Litigation, Teressa E. Ravenell, Armando Brigandi
Teressa E. Ravenell
Conformity And The Rules Of Civil Procedure: Lessons From Tennessee, Matthew Lyon
Conformity And The Rules Of Civil Procedure: Lessons From Tennessee, Matthew Lyon
Matthew Lyon
Executive Action And Nonaction, Tom Campbell
Executive Action And Nonaction, Tom Campbell
Tom Campbell
The Law And Ethics Of Civil Depositions , A. Darby Dickerson
The Law And Ethics Of Civil Depositions , A. Darby Dickerson
Darby Dickerson
No abstract provided.
Access To Justice And Small Claims Courts: Supporting Latin American Civil Reforms Through Empirical Research In Los Angeles County, California, Ricardo Lillo
Ricardo Lillo
Modern Notice Through The Lens Of Eisen And Mullane, Tanya Pierce, Jeanne Finnegan