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Articles 301 - 320 of 320
Full-Text Articles in Law
Cases On Criminal Procedure, Robert Bloom
The American Legal Profession In Crisis: Resistance And Responses To Change, James Moliterno
The American Legal Profession In Crisis: Resistance And Responses To Change, James Moliterno
James E. Moliterno
Reviewed by Herbert Kritzner in Law and Politics Book Review, 227-231.
Experiencing Civil Procedure, James Moliterno
Experiencing Civil Procedure, James Moliterno
James E. Moliterno
No abstract provided.
Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill Family
Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill Family
Jill E. Family
Moore's Federal Practice (2013 Edition), Daniel Coquillette
Moore's Federal Practice (2013 Edition), Daniel Coquillette
Daniel R. Coquillette
Moore's Federal Practice is the backbone of any federal litigator's library. Comprehensive and authoritative, Moore's is written by the judges, lawyers, and professors who write and amend the Federal Rules, and is LexisNexis Matthew Bender's flagship treatise on federal civil, criminal, appellate, and admiralty procedure.
The first edition of this venerable work was written by the late Professor James William Moore, one of the original drafters of the Federal Rules of Civil Procedure, in 1938. From its initial publication, Moore's instantly became, and remains today, the standard reference work on federal court procedure and has been cited thousands of times …
Professional Responsibility, James Moliterno
Workplace Data: Law & Litigation (With 2014 Supplement), Robert Sprague
Workplace Data: Law & Litigation (With 2014 Supplement), Robert Sprague
Robert Sprague
Workplace Data: Law and Litigation provides an overview of legal issues associated with employment-related electronically stored information (ESI), focusing on discovery issues in particular. Written for employment and labor law practitioners, this new treatise offers a comprehensive overview of today’s discovery challenges, a detailed statute-by-statute analysis of data retention requirements in federal workplace-related laws, a summary of emerging workplace social media and other technology-related issues and a guide to data protection privacy laws in North America, Europe, Asia and Oceania.
Future Conduct And The Limits Of Class-Action Settlements, James Grimmelmann
Future Conduct And The Limits Of Class-Action Settlements, James Grimmelmann
James Grimmelmann
This Article identifies a new and previously unrecognized trend in class-action settlements: releases for the defendant’s future conduct. Such releases, which hold the defendant harmless for wrongs it will commit in the future, are unusually dangerous to class members and to the public. Even more than the “future claims” familiar to class-action scholars, future-conduct releases pose severe informational problems for class members and for courts. Worse, they create moral hazard for the defendant, give it concentrated power, and thrust courts into a prospective planning role they are ill-equipped to handle.
Courts should guard against the dangers of future-conduct releases with …
Superiority As Unity, Jay Tidmarsh
Superiority As Unity, Jay Tidmarsh
Jay Tidmarsh
One of Professor Redish’s many important contributions to legal scholarship is his recent work on class actions. Grounding his argument in the theory of democratic accountability that has been at the centerpiece of all his work, Professor Redish suggests that, in nearly all instances, class actions violate the individual autonomy of litigants and should not be used by courts. This Essay begins from the opposite premise: that class actions should be grounded in the notion of social utility rather than autonomy so that class actions should be used whenever they achieve net social gains. This idea of “superiority” presents some …
It’S All About The People: Hierarchy, Networks, And Teaching Assistants In A Civil Procedure Classroom Community, Jennifer E. Spreng
It’S All About The People: Hierarchy, Networks, And Teaching Assistants In A Civil Procedure Classroom Community, Jennifer E. Spreng
Jennifer E Spreng
This article provides a blueprint for a “civic community in a law school classroom” that would better prepare many students for what is likely to be their professional future based on natural social hierarchy and network dynamics. It uses experiences from the author's own teaching career to illustrate hierarchy and network dynamics and how to use them to enrich the pedagogical and social experience of a first year course. It also roots those experiences in principles from social psychology, organizational behavior, transformative leadership and all levels of education literature.
Modern law school classrooms fall into two categories: the "polar model" …
State Courts And Transitory Torts In Transnational Human Rights Cases, Chimene I. Keitner
State Courts And Transitory Torts In Transnational Human Rights Cases, Chimene I. Keitner
Chimene I Keitner
No abstract provided.
Evidence, Probability, And The Burden Of Proof, Ronald J. Allen, Alex Stein
Evidence, Probability, And The Burden Of Proof, Ronald J. Allen, Alex Stein
Alex Stein
This Article analyzes the probabilistic and epistemological underpinnings of the burden-of-proof doctrine. We show that this doctrine is best understood as instructing factfinders to determine which of the parties’ conflicting stories makes most sense in terms of coherence, consilience, causality, and evidential coverage. By applying this method, factfinders should try—and will often succeed—to establish the truth, rather than a statistical surrogate of the truth, while securing the appropriate allocation of the risk of error. Descriptively, we argue that this understanding of the doctrine—the “relative plausibility theory”—corresponds to our courts’ practice. Prescriptively, we argue that the relative-plausibility method is operationally superior …
Disaggregating, Elizabeth Chamblee Burch
Disaggregating, Elizabeth Chamblee Burch
Elizabeth Chamblee Burch
Commonality is a defining characteristic of mass-tort litigation. But mass-tort claimants typically do not share enough in common to warrant class certification. That is, commonality does not predominate. Yet, without class certification, judges cannot conclude these cases as a unit absent a private settlement. This paradox prompts two questions. First, what level of commonality justifies aggregating mass torts, shorn of Rule 23’s procedural protections? And, second, should the federal judicial system continue to centralize claims with nominal commonality when judges typically cannot resolve them collectively absent a private settlement? This Article’s title suggests one answer: if minimal commonality continues to …
The Reappearing Judge, Steven S. Gensler, Lee H. Rosenthal
The Reappearing Judge, Steven S. Gensler, Lee H. Rosenthal
Steven S. Gensler
No abstract provided.
Ed Cooper, Rule 56, And Charles E. Clark's Fountain Of Youth, Steven S. Gensler
Ed Cooper, Rule 56, And Charles E. Clark's Fountain Of Youth, Steven S. Gensler
Steven S. Gensler
No abstract provided.
Efectos De La Constitucionalización Del Arbitraje, Juan Carlos Riofrío Martínez-Villalba
Efectos De La Constitucionalización Del Arbitraje, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
Se analiza aquí cuáles son los efectos de que la Carta suprema del Ecuador haya reconocido la figura de los medios alternativos de solución de conflictos, entre los que se encuentra el arbitraje. Primero se relata la historia de esta constitucionalización (cap. I), para luego revisar cómo se acoplan estos medios al principio constitucional de unidad jurisdiccional (cap. II). En los capítulos III a VII se analiza la naturaleza de estos medios, que ha de considerarse como el núcleo esencial del derecho constitucional a usar estos medios. Los capítulos VIII y IX analizan otros efectos adicionales: la garantía de inderogabilidad …
Adequately Representing Groups, Elizabeth Chamblee Burch
Adequately Representing Groups, Elizabeth Chamblee Burch
Elizabeth Chamblee Burch
Courts Should Apply A Relatively More Stringent Pleading Threshold To Class Actions, Matthew Lawrence
Courts Should Apply A Relatively More Stringent Pleading Threshold To Class Actions, Matthew Lawrence
Matthew B. Lawrence
The Use Of Tenant Screening Reports And Tenant Blacklisting—2013, Gerald Lebovits
The Use Of Tenant Screening Reports And Tenant Blacklisting—2013, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Ethical Issues In Appellate Courts, Jack E. Morris