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Symposium: The Future Of Summary Judgment Foreword - Summary Judgment And The Influence Of Federal Rulemaking, Bernadette Bollas Genetin
Symposium: The Future Of Summary Judgment Foreword - Summary Judgment And The Influence Of Federal Rulemaking, Bernadette Bollas Genetin
Akron Law Review
In this review of the evolving role of summary judgment, Professor Steven Gensler provides insight into whether Rule 56(c) give judges discretion to deny summary judgment even if the preconditions of Rule 56(c) have been met, i.e., if there is no genuine issue of material fact and judgment as a matter of law could be entered, and Professor Edward Brunet engages directly the important debate regarding intemperate use of summary judgment to deny potentially meritorious claims, contending that currently available ―safeguards‖ can prevent inappropriate grant of summary judgment. Professor Stephen Burbank and Professor Linda Mullenix enlarge the discussion to consider …
"The Tempest": Shady Grove Orthopedic Associates, P.A. V. Allstate Insurance Co.: The Rules Enabling Act Decision That Added To The Confusion - But Should Not Have, Donald L. Doernberg
"The Tempest": Shady Grove Orthopedic Associates, P.A. V. Allstate Insurance Co.: The Rules Enabling Act Decision That Added To The Confusion - But Should Not Have, Donald L. Doernberg
Akron Law Review
This Article discusses the effect Shady Grove is likely to have on vertical choice-of-law in cases involving a Federal Rule of Civil Procedure...Part II of the Article discusses the majority opinion. Part III deals with parts II-B and II-C of Justice Scalia’s opinion and with the concurrence. Part IV addresses the dissent. Part V offers a critical evaluation of the opinions. Part VI discusses some of the scholarly interpretations of REA and suggests two possible perspectives on REA’s substantive-rights limitation that make it more understandable in light of the Erie doctrine’s history, easier to navigate, and less of a threat …
The Fruits Of Shady Grove: Seeing The Forest For The Trees, Glenn S. Koppel
The Fruits Of Shady Grove: Seeing The Forest For The Trees, Glenn S. Koppel
Akron Law Review
Part II will sketch the facts of the case to prepare for an exploration of the roots of Shady Grove in Part III, which traces the evolution of the Court’s Erie jurisprudence. At various points along the way, I will stop to anticipate where one or more of the several opinions in Shady Grove will shed light, in Part IV, on the meaning of Shady Grove
Maintaining Uniform Federal Rules: Why The Shady Grove Plurality Was Right, Mark P. Gaber
Maintaining Uniform Federal Rules: Why The Shady Grove Plurality Was Right, Mark P. Gaber
Akron Law Review
This Article examines the Court’s decision in Shady Grove, concluding that Justice Scalia’s plurality opinion has the better argument—his approach is the most consonant with precedent and the least disruptive to the careful balance the Court has struck with its Erie line of cases. Part II examines Justice Scalia’s plurality opinion, and considers its strengths and weaknesses. I then turn to Justice Ginsburg’s dissenting opinion, concluding that it rests on a fundamental misapplication of the Erie doctrine, though she admirably attempts to give teeth to the substantive rights limitation of the Rules Enabling Act—a limitation that the Erie doctrine admittedly …
Shady Grove And The Potential Democracy-Enhancing Benefits Of Erie Formalism, Jeffrey W. Stempel
Shady Grove And The Potential Democracy-Enhancing Benefits Of Erie Formalism, Jeffrey W. Stempel
Akron Law Review
Article written as part of Symposium: Erie Under Advisement: The Doctrine After Shady Grove.