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Full-Text Articles in Law
The "Inherent Powers" Of Multidistrict Litigation Courts, Lynn A. Baker
The "Inherent Powers" Of Multidistrict Litigation Courts, Lynn A. Baker
Pepperdine Law Review
Mass tort multidistrict litigations (MDLs) involving thousands of claims present the judge with unique management issues. The MDL statute, in its scant two pages enacted in 1968, offers no guidance for the proper handling of these issues, and the Federal Rules of Civil Procedure speak to these issues only very generally through Rules 16 and 42. Thus, MDL judges have often invoked their “inherent powers” as authority when they take certain actions with significant implications for the parties and their attorneys. Not surprisingly, several of these actions and their underlying justifications have been controversial: (a) appointing lead attorneys; (b) ordering …
An Unconstitutional Band-Aid: The Practice Of Sitting By Designation In The Federal Judiciary, Michaela Conley
An Unconstitutional Band-Aid: The Practice Of Sitting By Designation In The Federal Judiciary, Michaela Conley
Roger Williams University Law Review
No abstract provided.
Learning From Mistakes: A Guide To Expanding The Oversight Board, Kevin Frazier
Learning From Mistakes: A Guide To Expanding The Oversight Board, Kevin Frazier
Catholic University Journal of Law and Technology
More than 4.4 billion people use social media. A few platforms attract a significant number of those users—for example, 2.9 billion people use Facebook, 2.3 billion use YouTube, and 1.2 billion use WeChat. How these major platforms govern themselves with respect to content moderation has an impact on billions of users and may lead to policy changes across other platforms that affect billions more. That is why it is so important to analyze Meta’s Oversight Board—an independent body created for the purpose of “promot[ing] free expression by making principled, independent decisions regarding content on Facebook and Instagram by issuing recommendations …
A Survey Of The Literature On Federal Appellate Practice And Procedure, Thomas E. Baker
A Survey Of The Literature On Federal Appellate Practice And Procedure, Thomas E. Baker
FIU Law Review
This is a survey of the literature related to appellate practice and procedure before the United States Courts of Appeals for the benefit of lawyers and judges and scholars. It is reproduced with permission from THOMAS E. BAKER, A PRIMER ON THE JURISDICTION OF THE U.S. COURTS OF APPEALS (Fed. Jud. Ctr. 3d ed. 2023) available at: https://www.fjc.gov/content/379899/primer-jurisdiction-us-courts-appeals-third-edition). This origin explains the scattered references in the entries to “this Primer.”
Absurd Overlap: Snap Removal And The Rule Of Unanimity, Travis Temple
Absurd Overlap: Snap Removal And The Rule Of Unanimity, Travis Temple
William & Mary Law Review
Snap removal employs “a literalist approach” to the statute governing the procedural mechanism for removing cases from state court to federal court. In a typical removal scenario, defendants sued in state court would have the option to be heard in federal court instead, given that certain conditions are satisfied. [S]nap removal essentially allows the defendants to forego a condition that would bar removal if they can file before the plaintiff formally notifies them of the lawsuit. This practice of removing a case before being served with formal process—essentially an act of gamesmanship of the civil procedure system—has gained appellate support …
Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet
Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet
Pepperdine Law Review
No abstract provided.
A Constitutional Charge And A Comparative Vision To Substantially Expand And Subject Matter Specialize The Federal Judiciary: A Preliminary Blueprint For Remodeling Our National Houses Of Justice And Establishing A Separate System Of Federal Criminal Courts, Victor Williams
William & Mary Law Review
No abstract provided.
Power, Convenience, And The Elimination Of Personal Jurisdiction In The Federal Courts, Robert Haskell Abrams
Power, Convenience, And The Elimination Of Personal Jurisdiction In The Federal Courts, Robert Haskell Abrams
Indiana Law Journal
No abstract provided.
Shaffer V. Heitner: A Death Warrant For The Transient Rule Of In Personam Jurisdiction, Daniel O. Bernstine
Shaffer V. Heitner: A Death Warrant For The Transient Rule Of In Personam Jurisdiction, Daniel O. Bernstine
Villanova Law Review
No abstract provided.
Federal Courts - 42 U.S.C. 1983 - Suing Municipalities Under 42 U.S.C. 1983: The Impact Of Monell V. Department Of Social Services, Howard M. Klein
Federal Courts - 42 U.S.C. 1983 - Suing Municipalities Under 42 U.S.C. 1983: The Impact Of Monell V. Department Of Social Services, Howard M. Klein
Villanova Law Review
No abstract provided.
Federal Courts - Use Of Mandamus To Compel Adjudication Of A Claim Within Exclusive Federal Jurisdiction, Glenn S. Goldstein
Federal Courts - Use Of Mandamus To Compel Adjudication Of A Claim Within Exclusive Federal Jurisdiction, Glenn S. Goldstein
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors
Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger
Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger
Villanova Law Review
No abstract provided.
Federal Practice And Procedure, Martin J. Kane
Federal Practice And Procedure, Martin J. Kane
Villanova Law Review
No abstract provided.
An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White
An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White
Villanova Law Review
No abstract provided.
Federal Jurisdiction Under The Civil Rights Act - The Case Against The Personal-Property Rights Distinction, Frank L. Tamulonis
Federal Jurisdiction Under The Civil Rights Act - The Case Against The Personal-Property Rights Distinction, Frank L. Tamulonis
Villanova Law Review
No abstract provided.
Federal Courts--Appointment Of Non-Resident As Administratrix To Obtain Diversity Jurisdiction
Federal Courts--Appointment Of Non-Resident As Administratrix To Obtain Diversity Jurisdiction
West Virginia Law Review
No abstract provided.
Federal Courts--No Jurisdiction Under Johnson Act When Plain, Speedy, And Efficient Remedy May Be Had In State Courts
West Virginia Law Review
No abstract provided.
Manufacturing Diversity Jurisdiction, Gilbert Newman
Manufacturing Diversity Jurisdiction, Gilbert Newman
Villanova Law Review
No abstract provided.
A Resurgence Of The Klaxon Controversy - Contemporary Legal Trends Revitalize An Old Principle, William H. Danne Jr.
A Resurgence Of The Klaxon Controversy - Contemporary Legal Trends Revitalize An Old Principle, William H. Danne Jr.
Villanova Law Review
No abstract provided.
Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner
Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner
Villanova Law Review
No abstract provided.
Advisory Opinions As A Problem Solving Process, David Lenefsky
Advisory Opinions As A Problem Solving Process, David Lenefsky
Villanova Law Review
No abstract provided.
Pendent Personal Jurisdiction In The Federal Courts, William D. Ferguson
Pendent Personal Jurisdiction In The Federal Courts, William D. Ferguson
Villanova Law Review
No abstract provided.
Abstracts Of Recent Cases, Peter Uriah Hook
Abstracts Of Recent Cases, Peter Uriah Hook
West Virginia Law Review
No abstract provided.
Manufacturing Federal Diversity Jurisdiction By The Appointment Of Representatives: Its Legality And Propriety, Donald S. Cohan, Mercer D. Tate
Manufacturing Federal Diversity Jurisdiction By The Appointment Of Representatives: Its Legality And Propriety, Donald S. Cohan, Mercer D. Tate
Villanova Law Review
No abstract provided.
Forum Non Conveniens In The Federal Courts
Forum Non Conveniens In The Federal Courts
Indiana Law Journal
Federal Jurisdiction Note