Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Litigation

PDF

University of Michigan Journal of Law Reform

Causes of action

Articles 1 - 5 of 5

Full-Text Articles in Law

Parallel Justice: Creating Causes Of Action For Mandatory Mediation, Marie A. Failinger Jan 2014

Parallel Justice: Creating Causes Of Action For Mandatory Mediation, Marie A. Failinger

University of Michigan Journal of Law Reform

The American common law system should adopt court-connected mandatory mediation as a parallel system of justice for some cases that are currently not justiciable, such as wrongs caused by constitutionally protected behavior. As evidence that such a system is practical, this Article describes systemic and ethical parallels between court-connected mediation and the rise of the equity courts in medieval England, demonstrating that there are no insurmountable practical objections to the creation of “mediation-only” causes of action. The Article then explores the constitutional concerns surrounding the idea of “mandatory mediation-only” causes of action, using constitutional hate speech and invasion of privacy …


Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber Apr 1988

Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber

University of Michigan Journal of Law Reform

This Article examines whether Rule 23(b)(2) violates the procedural due process rights of absent class members by binding them to the judgment in a class case without notice of the suit. It concludes that the Rule almost certainly violates due process and proposes a reform that would permit nonbinding class actions similar to the old "spurious" class suits.


Environmental Litigation In Historical Perspective, Samuel P. Hays Jun 1986

Environmental Litigation In Historical Perspective, Samuel P. Hays

University of Michigan Journal of Law Reform

During the past several decades, litigation has played a major role in the attempt by citizens to realize environmental objectives. Its impact has been elaborated extensively in the vast array of writing in law journals as well as in the cases themselves. Most analyses have focused on specialized subjects of either substantive policy or legal procedure. In this brief Essay I attempt a more comprehensive overview involving two background factors- the growth of environmental values since World War II and the response of governmental institutions to the resulting demands placed upon them. Among these institutions were the courts. Their role …


Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby Oct 1983

Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby

University of Michigan Journal of Law Reform

Federal courts currently apply different standards concerning the permissibility of notice. Although the Ninth Circuit forbids notice and the Seventh Circuit grants plaintiffs a right to send notice, the Second Circuit permits notice only in appropriate cases. This Note advocates that plaintiffs in FLSA and ADEA actions should be allowed to notify potential class members in appropriate cases. Part I analyzes inherent court powers, statutes, legislative history, and federal policies relating to notice. It concludes that enactment of FLSA and ADEA remedies did not alter the inherent power of federal courts to permit or prohibit notice. On the contrary, only …


Emerging Standards For Implied Actions Under Federal Statutes, Gary W. Klotz Jan 1976

Emerging Standards For Implied Actions Under Federal Statutes, Gary W. Klotz

University of Michigan Journal of Law Reform

This article will examine the theoretical basis for finding implied causes of action in legislation and the development of the implication doctrine in the federal courts. In particular, the Cort v. Ash case will be discussed, both in terms of the standards articulated by the Supreme Court in dicta and the potential impact of Cort on the law of implied remedies.