Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Elizabeth G. Thornburg, Erik S. Knutsen, Carla Crifo, Camille Cameron
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Elizabeth G. Thornburg, Erik S. Knutsen, Carla Crifo, Camille Cameron
Faculty Journal Articles and Book Chapters
This article asks whether the way in which procedure is taught has an impact on the extent and accomplishments of a scholarly community of proceduralists. Not surprisingly, we find a strong correlation between the placement of procedure as a required course in an academic context and the resulting body of scholars and scholarship. Those countries in which more civil procedure is taught as part of a university degree — and in which procedure is recognized as a legitimate academic subject — have larger scholarly communities, a larger and broader corpus of works analyzing procedural issues, and a richer web of …
Patent Misjoinder, David O. Taylor
Patent Misjoinder, David O. Taylor
Faculty Journal Articles and Book Chapters
The Leahy-Smith America Invents Act effectively repealed aspects of the Federal Rules of Civil Procedure by creating a new statutory section governing joinder of accused infringers and consolidation of actions for trial in most patent infringement cases. This new law codifies a substantial barrier to joinder and consolidation, contradicting two of the primary policies embraced by the drafters of the Federal Rules of Civil Procedure: the promotion of liberal standards both for evaluating the sufficiency of pleadings and for evaluating the propriety of joinder of parties. Remarkably, the new statutory section does so despite the absence of any detailed scholarly …
The History Of Texas Civil Procedure, William V. Dorsaneo Iii
The History Of Texas Civil Procedure, William V. Dorsaneo Iii
Faculty Journal Articles and Book Chapters
The promulgation of rules of court by the Texas Supreme Court has been the principal mechanism for the regulation of proceedings in Texas courts. This article provides a historical overview of the development of these rules, the rule-making process, the impact of procedural rule-making on the administration of justice in Texas courts, and the continuing need for revision and reorganization of the Texas Rules of Civil Procedure. This article also acknowledges the enormous debt that is owed to the Texas judges, lawyers, and professors who have participated in the rule-making process, mostly without plaudits or even public recognition. In a …
The Alien Tort Statute And The Law Of Nations In Kiobel And Beyond, Anthony J. Colangelo
The Alien Tort Statute And The Law Of Nations In Kiobel And Beyond, Anthony J. Colangelo
Faculty Journal Articles and Book Chapters
In Kiobel v. Royal Dutch Petroleum the U.S. Supreme Court wrongly applied a presumption against extraterritoriality to claims authorized by the Alien Tort Statute (ATS). Even assuming such a presumption properly could extend to the ATS and claims authorized thereunder, the presumption is easily overcome by Congress’s unambiguous instruction that the statute encompasses violations of “the law of nations,” which includes both substantive and jurisdictional components — including principles of extraterritorial jurisdiction. Early 19th Century case law and congressional reaction thereto clearly demonstrate that Congress expressly invoked “the law of nations” to overturn the Court’s imposition of a limiting presumption …