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Full-Text Articles in Law
Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby
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 …
Reducing Court Costs And Delay: An Overview, Leonard S. Janofsky
Reducing Court Costs And Delay: An Overview, Leonard S. Janofsky
University of Michigan Journal of Law Reform
The American legal system is unparalleled in its efforts to protect individual rights. A citizen's access to the legal system provides the basis for our government of laws. Yet, it must be recognized that serious problems confront the American system and persist despite a long history of efforts at reform by the organized bar, the judiciary, and other interested parties. Years of delay exist in many of the nation's busiest courts. The cost of maintaining or defending a suit has grown at an alarming rate. These infamous twin evils - delay and cost - do more than belie the standard …
An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador
An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador
University of Michigan Journal of Law Reform
The recent litigation explosion presents a two-pronged dilemma for American appellate courts. If, on the one hand, the number of appellate judges is not expanded to keep abreast of growing case loads, there is a risk that courts will rely too heavily on professional staff, thereby watering down the decision-making process. If, on the other hand, the number of judges is proportionately increased with the growth in appellate litigation, the number of three-judge decisional units will also increase, thereby threatening predictability and uniformity in the law of the jurisdiction. This Article undertakes to explain that dilemma and to offer a …
Oral Argument And Expediting Appeals: A Compatible Combination, Joy A. Chapper
Oral Argument And Expediting Appeals: A Compatible Combination, Joy A. Chapper
University of Michigan Journal of Law Reform
The purpose of this Article is to explore these issues in light of Sacramento's experience with the expedited appeal procedure. The data presented here are drawn from an evaluation of the first twelve months of the procedure's operation. This evaluation was based on court records of the more than one hundred cases that followed the expedited procedure to completion, in-person interviews with members of the court and court staff, and telephone interviews with participating attorneys. Part I briefly sets out the new procedure and the context in which this procedure was introduced and integrated. Part II discusses the conclusions that …