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Articles 1 - 12 of 12
Full-Text Articles in Law
Perfect Plaintiffs, Cynthia Godsoe
Revisiting The Integration Of Law And Fact In Contemporary Federal Civil Litigation, Elizabeth M. Schneider
Revisiting The Integration Of Law And Fact In Contemporary Federal Civil Litigation, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Class-Based Adjudication Of Title Vii Claims In The Age Of The Roberts Court, Michael C. Harper
Class-Based Adjudication Of Title Vii Claims In The Age Of The Roberts Court, Michael C. Harper
Faculty Scholarship
This article considers two barriers to class-based adjudication of Title VII claims erected by the Roberts Court: (1) the Court's interpretation of Rule 23, primarily in Wal-Mart v. Dukes; and (2) the Court's interpretation of the Federal Arbitration Act (FAA) in a series of decisions, both employment-related and not. The article contends that it is the latter group of decisions that are the more significant for Title VII private aggregate litigation as well as for other types of private litigation. The Wal-Mart Court predictably did not expand an employer's obligations to avert discrimination by its agents, and its predictable interpretations …
Procedure As Substance, Elizabeth M. Schneider
Procedure As Substance, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Cleaning Up Jurisdiction: Divining Congressional Intent Of Clean Air Act Section 307(B), Kevin O. Leske
Cleaning Up Jurisdiction: Divining Congressional Intent Of Clean Air Act Section 307(B), Kevin O. Leske
Faculty Scholarship
No abstract provided.
The Value Of Uncertainty, Cathy Hwang, Benjamin P. Edwards
The Value Of Uncertainty, Cathy Hwang, Benjamin P. Edwards
Faculty Scholarship
No abstract provided.
Disaggregated Classes, Benjamin P. Edwards
Recent Trends In Discovery In Arbitration And In The Federal Rules Of Civil Procedure, Paul Radvany
Recent Trends In Discovery In Arbitration And In The Federal Rules Of Civil Procedure, Paul Radvany
Faculty Scholarship
No abstract provided.
The Mdl Vortex Revisited, Thomas B. Metzloff
The Mdl Vortex Revisited, Thomas B. Metzloff
Faculty Scholarship
No abstract provided.
Atlantic Marine And The Future Of Forum Non Conveniens, Robin Effron
Atlantic Marine And The Future Of Forum Non Conveniens, Robin Effron
Faculty Scholarship
No abstract provided.
Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen F. Shanahan
Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen F. Shanahan
Faculty Scholarship
Nonlawyer advocates are one proposed solution to the access to justice crisis and are currently permitted to practice in some civil justice settings. Theory and research suggest nonlawyers might be effective in some civil justice settings, yet we know very little, empirically, about nonlawyer practice in the United States. Using data from more than 5,000 unemployment insurance appeal hearings and interviews with lawyers and nonlawyers, this article explores how both types of representatives learn to do their work and what this means for their effectiveness. Building on recent research regarding the importance of procedural knowledge and relational expertise as elements …
Five Questions After Atlantic Marine, Stephen E. Sachs
Five Questions After Atlantic Marine, Stephen E. Sachs
Faculty Scholarship
The Supreme Court’s Atlantic Marine ruling did a lot to clear up the law of forum selection. But it also left a number of live questions in place. This essay briefly discusses five of them. When a party wants to move a case to the selected forum, what procedures can it use, other than venue transfer or forum non conveniens? When is a forum selection clause valid and enforceable, as a matter of state or federal law? If the clause isn’t valid, should a federal court still give it any weight? What if there are multiple parties or claims, and …