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Articles 1 - 7 of 7
Full-Text Articles in Law
Appellate Court Rules Governing Publication, Citation, And Precedential Value Of Opinions: An Update, David R. Cleveland
Appellate Court Rules Governing Publication, Citation, And Precedential Value Of Opinions: An Update, David R. Cleveland
Law Faculty Publications
In the mid-1970s, the federal courts of appeals began to issue opinions designated “unpublished” that were not typically published, citable, or accorded any precedential value. Many states followed suit. A great debate ensued questioning the practice, which has consumed considerable academic attention and appellate rulemaking time.1 States continue to vary in their treatment of unpublished opinions and even in the wake of Federal Rule of Appellate Procedure 32.1, intended to provide uniformity, the federal circuits remain inconsistent.
Post-Crisis Reconsideration Of Federal Court Reform, David R. Cleveland
Post-Crisis Reconsideration Of Federal Court Reform, David R. Cleveland
Law Faculty Publications
No abstract provided.
The Decline Of Oral Argument In The Federal Courts Of Appeals: A Modest Proposal For Reform, David R. Cleveland, Steven Wisotsky
The Decline Of Oral Argument In The Federal Courts Of Appeals: A Modest Proposal For Reform, David R. Cleveland, Steven Wisotsky
Law Faculty Publications
No abstract provided.
A Realist Defense Of The Alien Tort Statute, Robert Knowles
A Realist Defense Of The Alien Tort Statute, Robert Knowles
Law Faculty Publications
This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits victims of human rights violations anywhere in the world to sue tortfeasors in U.S. courts. The ATS, moribund for nearly 200 years, has recently emerged as an important but controversial tool for the enforcement of human rights norms. “Realist” critics contend that ATS litigation exasperates U.S. allies and rivals, weakens efforts to combat terrorism, and threatens U.S. sovereignty by importing into our jurisprudence undemocratic international law norms. Defenders of the statute, largely because they do not …
Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland
Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland
Law Faculty Publications
No abstract provided.
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland
Law Faculty Publications
No abstract provided.
Discovering Discovery: Non-Party Access To Pretrial Information In The Federal Courts 1938-2006, Seymour Moskowitz
Discovering Discovery: Non-Party Access To Pretrial Information In The Federal Courts 1938-2006, Seymour Moskowitz
Law Faculty Publications
In the modern era, the pretrial process is critical to the disposition of almost all litigation. The vast majority of cases never go to trial. Those which are contested at trial and upon appeal are often decided upon the results of the information gather before trial. This is true in both private litigation and in public interest cases where "private attorneys general" may only function effectively with court-enforced discovery. Despite the significance of the Article III courts to our society, transparency in their processes for resolving civil disputes has been severely compromised. Threats to openness emanate from multiple sources. This …