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- Aaron-Andrew P. Bruhl (7)
- Scott Dodson (6)
- Samuel P. Baumgartner (5)
- Ira Steven Nathenson (4)
- Robert Bloom (3)
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- Robert M. Bloom (3)
- Alexandra D. Lahav (2)
- Doug Rendleman (2)
- Jay Kanassatega (2)
- Jennifer E Spreng (2)
- Matthew Lyon (2)
- Robert J. Condlin (2)
- Alan J. Meese (1)
- Andrew Blair-Stanek (1)
- Barlow F. Burke (1)
- Bernadette Bollas Genetin (1)
- Corey A Ciocchetti (1)
- Daniel R. Coquillette (1)
- Dr. Rafał Mańko (1)
- Elizabeth Chamblee Burch (1)
- Goutam U Jois (1)
- Graydon S. Staring (1)
- Gregory A. Kalscheur, S.J. (1)
- Ivo Teixeira Gico Jr. (1)
- James E. Moliterno (1)
- James W. Diehm (1)
- Javier André Murillo Chávez (1)
- Jay Tidmarsh (1)
- Layne S. Keele (1)
- Mary Brigid McManamon (1)
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Articles 1 - 30 of 66
Full-Text Articles in Law
Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese
Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese
Alan J. Meese
No abstract provided.
Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl
Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl
Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Responding To The Loss Of An En Banc Quorum (Update: Prawfsblawg Gets Results!?), Aaron-Andrew P. Bruhl
Responding To The Loss Of An En Banc Quorum (Update: Prawfsblawg Gets Results!?), Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Deferring To Agency Amicus Briefs That Present New Guidance, Aaron-Andrew P. Bruhl
Deferring To Agency Amicus Briefs That Present New Guidance, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
At&T'S Long Game On Unconscionability, Aaron-Andrew P. Bruhl
At&T'S Long Game On Unconscionability, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
At&T V. Concepcion And Adherence To Minority Views, Aaron-Andrew P. Bruhl
At&T V. Concepcion And Adherence To Minority Views, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
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
Optimal Class Size, Opt-Out Rights, And "Indivisible" Remedies, Jay Tidmarsh, David Betson
Optimal Class Size, Opt-Out Rights, And "Indivisible" Remedies, Jay Tidmarsh, David Betson
Jay Tidmarsh
Prepared for a Symposium on the ALI’s Aggregate Litigation Project, this paper examines the ALI’s proposal to permit opt-out rights when remedies and “divisible,” but not to permit them when remedies are “indivisible.” Starting from the ground up, the paper employs economic analysis to determine what the optimal size of a class action should be. We demonstrate that, in some circumstances, the optimal size of a class is a class composed of all victims, while in other cases, the optimal size is smaller. We further argue that courts should consider optimal class size in determining whether to certify a class, …
Comin' Through The Rye: A Requiem For The Tennessee Summary Judgment Standard, Matthew Lyon, Judy M. Cornett, T. Mitchell Panter
Comin' Through The Rye: A Requiem For The Tennessee Summary Judgment Standard, Matthew Lyon, Judy M. Cornett, T. Mitchell Panter
Matthew Lyon
Joint And Several Jurisdiction, Scott Dodson, Philip Pucillo
Joint And Several Jurisdiction, Scott Dodson, Philip Pucillo
Scott Dodson
Calibrating Participation: Reflections On Procedure Versus Procedural Justice, Elizabeth Chamblee Burch
Calibrating Participation: Reflections On Procedure Versus Procedural Justice, Elizabeth Chamblee Burch
Elizabeth Chamblee Burch
7 Things You Need To Know About: The American Court System, Corey A. Ciocchetti
7 Things You Need To Know About: The American Court System, Corey A. Ciocchetti
Corey A Ciocchetti
These presentation slides cover the 7 most important things you need to know about the American Court System. They cover: personal jurisdiction, subject matter jurisdiction, removal, change of venue, and the steps in bringing a lawsuit.
Conflict Of Laws, James P. George, Susan T. Phillips
Conflict Of Laws, James P. George, Susan T. Phillips
Susan T. Phillips
States' and nations' laws collide when foreign factors appear in a lawsuit. Nonresident litigants, incidents outside the forum, and judgments from other jurisdictions can create problems with personal jurisdiction, choice of law, and the recognition of foreign judgments. This Article reviews Texas conflict cases from Texas state and federal courts during the Survey-period from November 1, 2011 through October 31, 2013. The Article excludes cases involving federal-state conflicts; intrastate issues, such as subject matter jurisdiction and venue; and conflicts in time, such as the applicability of prior or subsequent law within a state. State and federal cases are discussed together …
We Do Not Recognise Anything 'Private': Public Interest And Private Law Under The Socialist Legal Tradition And Beyond, Rafal Manko
Dr. Rafał Mańko
In line with Lenin’s famous quote that Bolsheviks “do not recognise anything private” and that private law must be permeated with public interest, the private (civil) law of the USSR and other countries of the Soviet bloc, including Poland underwent reform aimed at furthering the public interest at the expense of the private one. Specific legal institutions were introduced for this purpose, in the form of legal innovations, loosely, if at all, based on pre-existing Western models. In the Polish case, such legal institutions were usually legal transfers, imported from the Soviet Union. When the socio-economic and political system changed …
Atlantic Marine And The Future Of Party Preference, Scott Dodson
Atlantic Marine And The Future Of Party Preference, Scott Dodson
Scott Dodson
In Atlantic Marine, the U.S. Supreme Court held that a prelitigation forum-selection agreement does not make an otherwise proper venue improper. Prominent civil procedure scholars have questioned the wisdom and accuracy of this holding. This paper is derived from my presentation at the symposium on Atlantic Marine held at UC Hastings College of the Law on September 19, 2014. In this paper, I defend Atlantic Marine as essentially correct based on what I have elsewhere called the principle of party subordinance. I go further, however, to argue that the principle underlying Atlantic Marine could affect the widespread private market for …
Pleading And The Litigation Marketplace, Scott Dodson
Pleading And The Litigation Marketplace, Scott Dodson
Scott Dodson
In this essay derived from a lecture delivered at the University of Genoa in 2013, I situate the New Pleading regime of Twombly and Iqbal in the American litigation marketplace. Courts and parties are undoubtedly affected by New Pleading. But, as rational actors, they also are responsive to it. Their responsive behaviors both mitigate the expected effects of New Pleading and cause unintended effects. Assessing New Pleading requires understanding and consideration of these market forces and reactive implications.
Procedural Triage, Matthew Lawrence
Procedural Triage, Matthew Lawrence
Matthew B. Lawrence
De Graça, Até Injeção Na Testa: Análise Juseconômica Da Gratuidade De Justiça, Ivo T. Gico Jr., Henrique A. Arake
De Graça, Até Injeção Na Testa: Análise Juseconômica Da Gratuidade De Justiça, Ivo T. Gico Jr., Henrique A. Arake
Ivo Teixeira Gico Jr.
A gratuidade de justiça para os “juridicamente pobres” é um solução possível para garantir o livre acesso ao Judiciário. No entanto, concedida de forma irrestrita, a gratuidade pode induzir à litigância frívola. O presente artigo emprega a Análise Econômica do Direito para analisar a estrutura de incentivos dos agentes privados criada pela gratuidade de justiça e explora suas consequências sociais.
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, …
Recent Reforms In Eu Law: Recognition And Enforcement Of Judgments, Samuel P. Baumgartner
Recent Reforms In Eu Law: Recognition And Enforcement Of Judgments, Samuel P. Baumgartner
Samuel P. Baumgartner
The European Union has just adopted a set of amendments to the Brussels I Regulation, which governs jurisdiction to adjudicate, parallel proceedings, and the recognition and enforcement of foreign judgments. This article discusses the Regulation and the adopted amendments regarding the recognition and enforcement of judgments and argues that these amendments are part of a deeper set of structural and conceptual changes in the law of transnational litigation in the European Union over the last two decades. The article concludes with an analysis of both the amendments and the underlying changes for litigants and law reformers in the United States, …
When The Mountain Goes To Mohammed: The Internet And Judicial Decision-Making, Layne S. Keele
When The Mountain Goes To Mohammed: The Internet And Judicial Decision-Making, Layne S. Keele
Layne S. Keele
Judges increasingly are scouring the Internet in search of case-related facts, often without the parties’ knowledge. This article grapples with the question of what limits, if any, should circumscribe judicial Internet use. Drawing a distinction between online searches for adjudicative facts and online research into legislative facts, I argue that the former are always improper, while the propriety of the latter depends largely on one’s view of the role of the judiciary. In both cases, Internet research creates unique risks not found with other kinds of research, and this article offers some suggestions for alleviating those risks. This article also …
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 …
Usando La Camiseta De Indecopi En El Poder Judicial: Trazos Sobre El Proceso De Modificación De Denominación O Razón Social Por Conflicto Con Signos Distintivos, Javier André Murillo Chávez
Usando La Camiseta De Indecopi En El Poder Judicial: Trazos Sobre El Proceso De Modificación De Denominación O Razón Social Por Conflicto Con Signos Distintivos, Javier André Murillo Chávez
Javier André Murillo Chávez
No abstract provided.
Updates Editor: Chapters 3, 6, 31-36, 54, 55, 77-81, Robert Bloom
Updates Editor: Chapters 3, 6, 31-36, 54, 55, 77-81, Robert Bloom
Robert Bloom
No abstract provided.
Introduction To The Civil Procedure Puzzle, Robert Bloom
Introduction To The Civil Procedure Puzzle, Robert Bloom
Robert Bloom
No abstract provided.
Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom
Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom
Robert Bloom
No abstract provided.
Brief Of Professor Stephen E. Sachs As Amicus Curiae In Support Of Neither Party, Atlantic Marine Construction Co. V. U.S. District Court, Stephen E. Sachs
Brief Of Professor Stephen E. Sachs As Amicus Curiae In Support Of Neither Party, Atlantic Marine Construction Co. V. U.S. District Court, Stephen E. Sachs
Stephen E. Sachs
[This brief was filed in support of neither party in No. 12-929 (U.S., cert. granted Apr. 1, 2013).] The parties in this case defend two sides of a many-sided circuit split. This brief argues that a third view is correct. If a contract requires suit in a particular forum, and the plaintiff sues somewhere else, how may the defendant raise the issue? Petitioner Atlantic Marine Construction Company suggests a motion under Federal Rule of Civil Procedure 12(b)(3) or 28 U.S.C. § 1406, on the theory that the contract renders venue improper. Respondent J-Crew Management, Inc. contends that venue remains proper, …