Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (10)
- SelectedWorks (9)
- Selected Works (8)
- William & Mary Law School (7)
- UC Law SF (5)
-
- Washington and Lee University School of Law (5)
- Liberty University (4)
- University of Michigan Law School (4)
- University of Oklahoma College of Law (4)
- University of Pennsylvania Carey Law School (4)
- Cornell University Law School (3)
- Florida A&M University College of Law (3)
- Mercer University School of Law (3)
- New York Law School (3)
- Seattle University School of Law (3)
- Duke Law (2)
- Northwestern Pritzker School of Law (2)
- Southern Methodist University (2)
- Texas A&M University School of Law (2)
- University of Connecticut (2)
- University of Maryland Francis King Carey School of Law (2)
- American University Washington College of Law (1)
- Case Western Reserve University School of Law (1)
- Cleveland State University (1)
- Florida International University College of Law (1)
- Golden Gate University School of Law (1)
- Loyola University Chicago, School of Law (1)
- Mississippi College School of Law (1)
- Roger Williams University (1)
- Schulich School of Law, Dalhousie University (1)
- Keyword
-
- Civil procedure (7)
- Federal Rules of Civil Procedure (5)
- Articles (4)
- Civil Procedure (4)
- Class actions (3)
-
- Courts (3)
- Discovery (3)
- Dispute resolution (3)
- Federal courts (3)
- Subject matter jurisdiction (3)
- Active jury reforms (2)
- Appellate review (2)
- Arbitration (2)
- Attorney-Client Privilege (2)
- Bell Atlantic Corp. v. Twombly 550 U.S. 544 (2007) (2)
- Cause of action (2)
- Civil Rights (2)
- Civil juries (2)
- Complex litigation (2)
- Congressional intent (2)
- Conley v. Gibson 355 U.S. 41 (1957) (2)
- Discovery (Law) (2)
- Federal question jurisdiction (2)
- Federal rulemaking (2)
- Jurisprudence (2)
- Justiciability (2)
- Litigation (2)
- Mass torts (2)
- Patents (2)
- Pleading (2)
- Publication
-
- Faculty Scholarship (10)
- Faculty Publications (9)
- Nevada Supreme Court Summaries (7)
- All Faculty Scholarship (4)
- Oklahoma Law Review (4)
-
- Cornell Law Faculty Publications (3)
- Mercer Law Review (3)
- NYLS Law Review (3)
- Scholarly Articles (3)
- Dylan Malagrinò (2)
- Faculty Articles and Papers (2)
- Faculty Journal Articles and Book Chapters (2)
- Faculty Publications and Presentations (2)
- Jeffrey C. Tuomala (2)
- Jimmy J. Ronquillo Pascual (2)
- Journal Publications (2)
- Michigan Law Review (2)
- Nevada Law Journal (2)
- Scholarly Works (2)
- Seattle University Law Review (2)
- Washington and Lee Law Review (2)
- American University Law Review (1)
- Andrew M. Coats (1)
- Articles (1)
- Books (1)
- Bruno L. Costantini García (1)
- Chimene I Keitner (1)
- Donald J. Kochan (1)
- Eugene R Milhizer (1)
- Faculty Articles (1)
- Publication Type
Articles 1 - 30 of 110
Full-Text Articles in Law
The Case For Oral Argument In The Supreme Court Of Oklahoma, Andrew Coats, Joseph Thai
The Case For Oral Argument In The Supreme Court Of Oklahoma, Andrew Coats, Joseph Thai
Joseph T Thai
No abstract provided.
Where Equity Meets Expertise: Re-Thinking Appellate Review In Complex Litigation, Michael J. Hays
Where Equity Meets Expertise: Re-Thinking Appellate Review In Complex Litigation, Michael J. Hays
University of Michigan Journal of Law Reform
The field of complex litigation continues to grow as both an academic study and a popular phenomenon. One cannot escape news accounts of major class action litigation, and lawyers continue to find new ways to push the outer bounds of civil litigation practices to accommodate large-scale disputes involving multiple claims or parties. Many question whether traditional procedures can or should apply to these cases. Drawing on this well-recognized procedural tension, this Article explores the relationship between trial and appellate courts in complex litigation and argues for a revised standard of appellate review for trial court decisions affecting the party structure …
An Ounce Of Prevention: Solving Some Unforeseen Problems With The Proposed Amendments To Rule 56 And The Federal Summary Judgment Process, Adam N. Steinman
An Ounce Of Prevention: Solving Some Unforeseen Problems With The Proposed Amendments To Rule 56 And The Federal Summary Judgment Process, Adam N. Steinman
NULR Online
No abstract provided.
A Unified Theory Of 28 U.S.C. § 1331 Jurisdiction, Lumen N. Mulligan
A Unified Theory Of 28 U.S.C. § 1331 Jurisdiction, Lumen N. Mulligan
Lumen N. Mulligan
Title 28, section 1331 of the United States Code provides the jurisdictional grounding for the majority of cases heard in the federal courts, yet it is not well understood. The predominant view holds that section 1331 doctrine both lacks a focus upon congressional intent and is internally inconsistent. I seek to counter both these assumptions by re-contextualizing the Court’s section 1331 jurisprudence in terms of the contemporary judicial usage of “right” (i.e., clear, mandatory obligations capable of judicial enforcement) and cause of action (i.e., permission to vindicate a right in court). In conducting this reinterpretation, I argue that section 1331 …
A Unified Theory Of 28 U.S.C. Section 1331 Jurisdiction, Lumen N. Mulligan
A Unified Theory Of 28 U.S.C. Section 1331 Jurisdiction, Lumen N. Mulligan
Faculty Works
Title 28, section 1331 of the United States Code provides the jurisdictional grounding for the majority of cases heard in the federal courts, yet it is not well understood. The predominant view holds that section 1331 doctrine both lacks a focus upon congressional intent and is internally inconsistent. I seek to counter both these assumptions by re-contextualizing the Court's section 1331 jurisprudence in terms of the contemporary judicial usage of right (i.e., clear, mandatory obligations capable of judicial enforcement) and cause of action (i.e., permission to vindicate a right in court). In conducting this reinterpretation, I argue that section 1331 …
Summary Of Five Star Capital Corp. V. Ruby, 124 Nev. Adv. Op. No. 88, Michelle D. Alarie
Summary Of Five Star Capital Corp. V. Ruby, 124 Nev. Adv. Op. No. 88, Michelle D. Alarie
Nevada Supreme Court Summaries
Appeal from a district court’s grant of summary judgment against petitioner Five Star Capital Corp. for bringing a second lawsuit barred by res judicata.
Should Summary Judgment Be Granted?, Bradley Scott Shannon
Should Summary Judgment Be Granted?, Bradley Scott Shannon
American University Law Review
This article discusses (and criticizes) the recent change from "shall" to "should" in Federal Rule of Civil Procedure 56 to describe the standard by which a federal district court is to decide a "properly made and supported" motion for summary judgment. The article concludes that the text of Rule 56, which formally provided that such a motion "shall" be granted, cannot plausibly be construed as meaning "should"; that this change was not supported by those authorities cited by the Federal Civil Rules Advisory Committee; and that, as a normative matter, "should" is an inappropriate standard in this context. Federal district …
The Jurisprudence Of Pleading: Rights, Rules, And Conley V. Gibson, Emily Sherwin
The Jurisprudence Of Pleading: Rights, Rules, And Conley V. Gibson, Emily Sherwin
Cornell Law Faculty Publications
In 1957, in the case of Conley v. Gibson, the Supreme Court announced a minimal standard for the contents of a complaint under the Federal Rules of Civil Procedure and endorsed what has come to be known as 'notice' pleading. This article, prepared for a symposium on Conley, reviews the debate over pleading requirements that preceded the case. Unlike modern discussions of pleading, which focus on the level of factual specificity required in complaints, the pre-Conley debate was about the legal content of complaints - an question largely forgotten in the years following Conley.
The early twentieth century debate over …
Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer
Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer
Faculty Publications
Much has been made of the Supreme Court's recent pronouncements on federal civil pleading standards during the latter half of the 2006-2007 Term. Specifically, what will be the fallout from the Court's decision in Bell Atlantic Corp. v. Twombly, a case that abrogated Conley v. Gibson's famous "no set of facts" formulation and supplanted it with a new plausibility pleading standard? This Article attempts to examine and distill the impact of Twombly on the pleading standards that lower federal courts are applying when scrutinizing civil rights claims. Two main approaches emerge: that of courts choosing to continue to apply a …
Mandatory Rules, Scott Dodson
Mandatory Rules, Scott Dodson
Faculty Publications
Whether a limitation is jurisdictional or not is an important but often obscure question. In an article published in Northwestern University Law Review, I proposed a framework for courts to resolve the issue in a principled way, but I left open the next logical question: what does it mean if a rule is characterized as nonjurisdictional? Jurisdictional rules generally have a clearly defined set of traits: they are not subject to equitable exceptions, consent, waiver, or forfeiture; they can be raised at any time; and they can be raised by any party or the court sua sponte. This jurisdictional rigidity …
Creeping By Moonlight: A Look At Civil Commitment Laws For Sexually Violent Predators Through The Lens Of The Yellow Wallpaper, Heather R. Willis
Creeping By Moonlight: A Look At Civil Commitment Laws For Sexually Violent Predators Through The Lens Of The Yellow Wallpaper, Heather R. Willis
William & Mary Journal of Race, Gender, and Social Justice
This note examines the constitutional and social implications of the civil commitment of sexually violent predators in the United States. These commitments are implemented on sexual offenders deemed too dangerous to be placed back into society after serving prison sentences and have been gaining popularity across the United States. Currently, these commitments are considered constitutional in limited circumstances by the Supreme Court, but while these commitments are meant for only the most dangerous and least controllable individuals, the public reaction to sexual offenses increases the possibility these commitments will be misused. As a part of examining this commitment process, this …
A "Plausible" Showing After Bell Atlantic Corp. V. Twombly, Charles B. Campbell
A "Plausible" Showing After Bell Atlantic Corp. V. Twombly, Charles B. Campbell
Nevada Law Journal
No abstract provided.
The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown
The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown
Nevada Law Journal
No abstract provided.
Summary Of Anse, Inc. V. Eighth Judicial Dist. Court Of State Ex Rel. County Of Clark, 124 Nev. Adv. Op. No. 74, Joanna M. Myers
Summary Of Anse, Inc. V. Eighth Judicial Dist. Court Of State Ex Rel. County Of Clark, 124 Nev. Adv. Op. No. 74, Joanna M. Myers
Nevada Supreme Court Summaries
No abstract provided.
The Walker Process Doctrine: Infringement Lawsuits As Antitrust Violations, Herbert J. Hovenkamp
The Walker Process Doctrine: Infringement Lawsuits As Antitrust Violations, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust law's Walker Process doctrine permits a patent infringement defendant to show that an improperly maintained infringement action constitutes unlawful monopolization or an unlawful attempt to monopolize. The infringement defendant must show both that the lawsuit is improper, which establishes the conduct portion of the violation and generally satisfies tort law requirements, and also that the structural prerequisites for the monopolization offense are present. The doctrine also applies to non-patent infringement actions and has been applied by the Supreme Court to copyright infringement actions. Walker Process itself somewhat loosely derives from the Supreme Court's Noerr-Pennington line of cases holding that …
Ethical Considerations For Blog-Related Discovery, Jason Boulette, Tanya Dement
Ethical Considerations For Blog-Related Discovery, Jason Boulette, Tanya Dement
Washington Journal of Law, Technology & Arts
The rise in blogs (short for "Web-logs") has spawned a new world of considerations for lawyers and clients. At their foundation, blogs are Web sites that serve as online diaries and sounding boards. Blogs typically consist of posts, pictures, images, links, and other entries that run the gambit of subjects from politics to sports to literature to personal materials. The exponential rise in blogging stems from improvements in technology, the increasing sophistication of Internet users, and the low cost of creating and maintaining blogs. In the last several years, blogs have mushroomed in number and have achieved a measure of …
Summary Of Barney V. Mt. Rose Heating & Air Conditioning, 124 Nev. Adv. Op. No. 71, Elena Roberts
Summary Of Barney V. Mt. Rose Heating & Air Conditioning, 124 Nev. Adv. Op. No. 71, Elena Roberts
Nevada Supreme Court Summaries
No abstract provided.
Filtering Through A Mess: A Proposal To Reduce The Confusion Surrounding The Requirements For Standing In False Advertising Claims Brought Under Section 43(A) Of The Lanham Act, Peter S. Massaro, Iii
Filtering Through A Mess: A Proposal To Reduce The Confusion Surrounding The Requirements For Standing In False Advertising Claims Brought Under Section 43(A) Of The Lanham Act, Peter S. Massaro, Iii
Washington and Lee Law Review
No abstract provided.
10th Annual Open Government Summit: The Access To Public Records Act & The Open Meetings Act, 2008, Department Of Attorney General, State Of Rhode Island
10th Annual Open Government Summit: The Access To Public Records Act & The Open Meetings Act, 2008, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
¿La Propiedad No Inscrita Debe Prevalecer Sobre El Embargo Inscrito? Aportes Para Una Solución Uniforme En Los Procesos De Tercería Excluyente De Dominio, Jimmy J. Ronquillo Pascual
¿La Propiedad No Inscrita Debe Prevalecer Sobre El Embargo Inscrito? Aportes Para Una Solución Uniforme En Los Procesos De Tercería Excluyente De Dominio, Jimmy J. Ronquillo Pascual
Jimmy J. Ronquillo Pascual
No abstract provided.
Standing Room Only: Federal Taxpayers Denied Standing To Challenge President's Faith-Based Programs In Hein V. Freedom From Religion Foundation, Inc., Patricia Mary Quinlan
Standing Room Only: Federal Taxpayers Denied Standing To Challenge President's Faith-Based Programs In Hein V. Freedom From Religion Foundation, Inc., Patricia Mary Quinlan
Mercer Law Review
During the 2006-2007 Term, the United States Supreme Court addressed the issue of whether federal taxpayers have standing to challenge the constitutionality of executive expenditures that allegedly violate the First Amendment to the United States Constitution. In Hein v. Freedom from Religion Foundation, Inc., the plaintiffs, asserting standing based on their status as federal taxpayers, objected to the use of congressional appropriations to fund a faith-based program created by President George W. Bush as a violation of the Establishment Clause. Although no single analysis commanded five votes, a majority of the Court agreed to dismiss the case for lack …
Is That All There Is? "The Problem" In Court-Oriented Mediation, Leonard L. Riskin, Nancy A. Welsh
Is That All There Is? "The Problem" In Court-Oriented Mediation, Leonard L. Riskin, Nancy A. Welsh
Faculty Scholarship
The alternative process of mediation is now well-institutionalized and widely (though not universally) perceived to save time and money and satisfy lawyers and parties. However, the process has failed to meet important aspirations of its early proponents and certain expectations and needs of one-shot players. In particular, court-oriented mediation now reflects the dominance and preferences of lawyers and insurance claims adjusters. These repeat players understand the problem to be addressed in personal injury, employment, contract, medical malpractice and other ordinary civil non-family disputes as a matter of merits assessment and litigation risk analysis. Mediation is structured so that litigation issues …
Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Bruno L. Costantini García
Tercer Congreso Nacional de Organismos Públicos Autónomos
"Autonomía, Reforma Legislativa y Gasto Público"
Is That All There Is? "The Problem" In Court-Oriented Mediation, Leonard L. Riskin, Nancy A. Welsh
Is That All There Is? "The Problem" In Court-Oriented Mediation, Leonard L. Riskin, Nancy A. Welsh
UF Law Faculty Publications
The alternative process of mediation is now well-institutionalized and widely (though not universally) perceived to save time and money and satisfy lawyers and parties. However, the process has failed to meet important aspirations of its early proponents and certain expectations and needs of one-shot players. In particular, court-oriented mediation now reflects the dominance and preferences of lawyers and insurance claims adjusters. These repeat players understand the problem to be addressed in personal injury, employment, contract, medical malpractice and other ordinary civil non-family disputes as a matter of merits assessment and litigation risk analysis. Mediation is structured so that litigation issues …
"Defendant Veto" Or "Totality Of The Circumstances?": It's Time For The Supreme Court To Straighten Out The Personal Jurisdiction Standard Once Again, Robert J. Condlin
"Defendant Veto" Or "Totality Of The Circumstances?": It's Time For The Supreme Court To Straighten Out The Personal Jurisdiction Standard Once Again, Robert J. Condlin
Robert J. Condlin
Commentators frequently claim that there is no single, coherent doctrine of extra-territorial personal jurisdiction, and, unfortunately, they are correct. The International Shoe case, commonly (but inaccurately) thought of as the wellspring of the modern form of the doctrine, announced a relatively straightforward, two-factor, four-permutation test that worked well for resolving most cases. In the nearly sixty-year period following Shoe, however, as the Supreme Court expanded and refined the standard, what was once straightforward and uncomplicated became serendipitous and convoluted. Two general, and generally incompatible, versions of the doctrine competed for dominance. The first, what might best be described as a …
Cafa's Impact On Litigation As A Public Good, Elizabeth Chamblee Burch
Cafa's Impact On Litigation As A Public Good, Elizabeth Chamblee Burch
Scholarly Works
Class actions regulate when government fails. Perhaps this use as an ex post remedy when ex ante regulation founders explains the fervor and rhetoric surrounding Rule 23's political life. In truth, the class action does more than aggregate; it augments government policing and generates external societal benefits. These societal benefits - externalities - are the spillover effects from facilitating small claims litigation. In federalizing class actions through the Class Action Fairness Act (CAFA), Congress, in some ways, impeded class action practice, thereby negating its positive externalities and inhibiting backdoor regulation. This Article critically considers those effects on the common good. …
Preventing And Reducing Costs And Burdens Associated With E-Discovery: The 2006 Amendments To The Federal Rules Of Civil Procedure, Jessica Debono
Preventing And Reducing Costs And Burdens Associated With E-Discovery: The 2006 Amendments To The Federal Rules Of Civil Procedure, Jessica Debono
Mercer Law Review
On December 1, 2006, amendments to the Federal Rules of Civil Procedure (the "Rules") regarding the discovery of electronically stored information went into effect. This form of discovery is referred to as ediscovery. The 2006 amendments have significant effect on the obligations and responsibilities of parties, their lawyers, and the courts when dealing with discovery of electronically stored information. Specifically, the 2006 amendments affect how companies maintain, preserve, and produce electronically stored information. First, electronically stored information is now included in permissible discovery. Second, parties are required to "meet and confer" about the discovery of electronically stored information at the …
Florida Fifth District Court Of Appeal Law Day Oral Argument Session At Famu Law, 2008, Honorable Thomas D. Sawaya, Honorable William D. Palmer, Chief Judge, Honorable Jay P. Cohen
Florida Fifth District Court Of Appeal Law Day Oral Argument Session At Famu Law, 2008, Honorable Thomas D. Sawaya, Honorable William D. Palmer, Chief Judge, Honorable Jay P. Cohen
Law Day Presentations
Law Day activities include five appeals by practicing attorneys on behalf of their clients and question-and-answer break following each argument, held in the FAMU College of Law Ceremonial Moot Courtroom.
Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave
Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave
Publications
This article examines how a majority of the Supreme Court went out of its way to vacate a punitive damages award in Philip Morris and further reinforced the inconsistency with which it applies the principle of proportionality. When it comes to punitive damages awards, a majority of Justices continue to convey distrust of juries and of trial and appellate court judges who review these awards. However, when it comes to terms of imprisonment, the Court has eschewed substantive review under the Eighth Amendment while insisting that the Sixth Amendment requires that all facts supporting an increase in a sentence be …
El Contrato Con Efectos Oponibles Erga Omnes: Su Incidencia En El Sistema De Transferencia De La Propiedad Inmueble Y En El Sistema De Oponibilidad De Derechos, Jimmy J. Ronquillo Pascual
El Contrato Con Efectos Oponibles Erga Omnes: Su Incidencia En El Sistema De Transferencia De La Propiedad Inmueble Y En El Sistema De Oponibilidad De Derechos, Jimmy J. Ronquillo Pascual
Jimmy J. Ronquillo Pascual
En este artículo, el autor analiza el tema de la incidencia del contrato con efectos erga omnes en los sistemas de transferencia de la propiedad inmobiliaria y de oponibilidad de derechos. Concretamente, fija posición respecto de dos debates recurrentes en la doctrina civil peruana: el contrato con efectos reales y el sistema de transferencia de la propiedad inmueble al cual se adhiere nuestro ordenamiento. Finalmente, aborda el sistema de oponibilidad de derechos que recoge el Código Civil en su artículo 2022, poniendo especial énfasis en el segundo párrafo del citado artículo, referente al conflicto entre un derecho real y un …