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Articles 31 - 43 of 43
Full-Text Articles in Law
The Diligent Prosecution Bar To Citizen Suits: The Search For Adequate Representation, Peter A. Appel
The Diligent Prosecution Bar To Citizen Suits: The Search For Adequate Representation, Peter A. Appel
Scholarly Works
To ensure that citizen suits assist but do not replace or overshadow government enforcement actions, all environmental statutes which authorize citizen suits bar such suits in certain circumstances. This short Article examines the relatively narrow but important problems created by one such bar, namely the statutory bar on a citizen suit if the federal or state government is “diligently prosecuting” an action against the same violator. The requirement that a governmental prosecution be diligent protects against two types of undesirable situations. On the one hand, the diligent prosecution bar prevents citizens from bringing simple “me too” actions. One would not …
Turf Struggles: Land, Sovereignty, And Sovereign Immunity, Catherine T. Struve
Turf Struggles: Land, Sovereignty, And Sovereign Immunity, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
Globalization, International Human Rights, And Civil Procedure, Trevor C. W. Farrow
Globalization, International Human Rights, And Civil Procedure, Trevor C. W. Farrow
Articles & Book Chapters
This article discusses the modern convergence of three traditionally separate topics: globalization and international human rights on the one hand, and civil procedure on the other. Its project is twofold: first, to highlight the role of domestic legal processes and communities in the advancement of the post-World War I1 international human rights project. Second - in contemplation of the specific context of teaching civil procedure - to help bring alive the power and increasingly-global context of civil procedure for the benefit of students.
Clear Sailing Agreements: A Special Form Of Collusion In Class Action Settlements, William D. Henderson
Clear Sailing Agreements: A Special Form Of Collusion In Class Action Settlements, William D. Henderson
Articles by Maurer Faculty
A clear sailing agreement (or clause) is a compromise in which a class action defendant agrees not to contest the class lawyer's petition for attorneys' fees. This Article argues that clear sailing provisions often facilitate collusive settlements in cases involving non-pecuniary relief or claims-made common funds that return all unclaimed monies to the defendant. Because these types of settlements present difficult valuation problems, trial courts lack a clear benchmark for calculating attorneys' fees. Defendants and class can exploit this uncertainty by presenting an inflated settlement value to the court (to justify higher attorneys' fees) while simultaneously reducing the true cost …
Traditional Equity And Contemporary Procedure, Thomas O. Main
Traditional Equity And Contemporary Procedure, Thomas O. Main
Scholarly Works
This Article offers extensive background on the development and eventual merger of the regimes of law and equity, and suggests that the procedural infrastructure of a unified system must be sufficiently elastic to accommodate the traditional jurisdiction of equity. As the Federal Rules of Civil Procedure become increasingly more elaborate and technical, strict application of those procedural rules can generate mischievous results and hardship. This Article suggests that equity remains a source of authority for district judges to avoid the application of a procedural rule when technical compliance would produce an inequitable result. A separate system of equity provided a …
Symposium Introduction: Perspectives On Dispute Resolution In The Twenty-First Century, Jeffrey W. Stempel
Symposium Introduction: Perspectives On Dispute Resolution In The Twenty-First Century, Jeffrey W. Stempel
Scholarly Works
No abstract provided.
Defeating Class Certification In Securities Fraud Actions, Kermit Roosevelt Iii
Defeating Class Certification In Securities Fraud Actions, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
How Bad Law Made A Hard Case Easy: Nevada V. Hicks And The Subject Matter Jurisdiction Of Tribal Courts, Catherine T. Struve
How Bad Law Made A Hard Case Easy: Nevada V. Hicks And The Subject Matter Jurisdiction Of Tribal Courts, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
Expert Information And Expert Evidence: A Preliminary Taxonomy, Samuel R. Gross, Jennifer L. Mnookin
Expert Information And Expert Evidence: A Preliminary Taxonomy, Samuel R. Gross, Jennifer L. Mnookin
Articles
Federal Rule of Evidence 702 speaks in very general terms. It governs every situation in which "scientific, technical or other specialized knowledge will assist the trier of fact," and provides that, in that situation, "a witness qualified as an expert by knowledge, skill, experience, or education, may testify thereto in the form of an opinion or otherwise . . . .' In 2000, following a trio of Supreme Court cases interpreting Rule 702, the Rule was amended to include a third requirement, in addition to the helpfulness of the testimony and the qualifications of the witness: reliability. Under Rule 702 …
Teaching Civil Procedure Through Its Top Ten Cases, Plus Or Minus Two, Kevin M. Clermont
Teaching Civil Procedure Through Its Top Ten Cases, Plus Or Minus Two, Kevin M. Clermont
Cornell Law Faculty Publications
The thesis is that Civil Procedure teachers should give more attention to the subject's landmark cases. Law teachers' common sense and cognitive scientists' schema theory lend support to that thesis. The pedagogic implications of that thesis call for an enriched case method, the essence of which is teaching a slightly smaller number of cases and pausing on the key ones, thoroughly examining them in a rich context. The optimal sources of that context are written case studies, assigned as intermittent supplementation.
Exhaustion Under The Prison Litigation Reform Act: The Consequence Of Procedural Error, Kermit Roosevelt Iii
Exhaustion Under The Prison Litigation Reform Act: The Consequence Of Procedural Error, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett
Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett
Journal Articles
Viewed from a distance the outward appearances of the English Legal System might look reassuringly stable. In fact, nothing could be further from the case. During the last ten years almost every facet of the system, even the constitutional order, has been radically overhauled, or at least significantly modified. The whole system of civil procedure has been recast, after over a hundred years of relatively little major modification, in an attempt to simplify and expedite proceedings with a new emphasis on judicial case management. Perhaps most important of all, the Human Rights Act 1998, which has been effective from October …
Daubert Asks The Right Questions: Now Appellate Courts Should Help Find The Right Answers, Christopher B. Mueller
Daubert Asks The Right Questions: Now Appellate Courts Should Help Find The Right Answers, Christopher B. Mueller
Publications
No abstract provided.