Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Americans with Disabilities Act (1)
- Brown v. Board of Education (1)
- Chevron (1)
- Circuit courts (1)
- Civil Justice Reform Act (1)
-
- Civil Rights Act of 1964 (1)
- Civil rights (1)
- Class actions (1)
- Complex litigation (1)
- Deference (1)
- Deference litigation (1)
- Empirical study of panel composition (1)
- Evidence (1)
- Expert Testimony (1)
- Federal Rules of Civil Procedure (1)
- Federal courts (1)
- Federal judges (1)
- Federal rights; private enforcement; litigation (1)
- Gender & race (1)
- Gender gap (1)
- Inc. v. Natural Resources Defense Council (467 U.S. 837 (1984)) (1)
- Influence of ideology (1)
- Institutional reform litigation (1)
- Jose P. v. Ambach (1)
- Judicial Process (1)
- Judicial administration (1)
- Judicial diversity & behavior (1)
- Law reform (1)
- Legislative Process (1)
- Malpractice (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins
Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins
Neal E. Devins
No abstract provided.
Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang
Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang
Sean Farhang
Our aim in this Article is to leverage the archival research, data, and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, to illuminate the prospects for retrenchment in the current political landscape. In the book, we documented how an outpouring of rights-creating legislation from Democratic Congresses in the 1960s and 1970s, much of which contained provisions designed to stimulate private enforcement, prompted the conservative legal movement within the Republican Party to devise a response. Recognizing the political infeasibility of retrenching substantive rights, the movement’s strategy was to weaken the infrastructure for enforcing them. …
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Sean Farhang
This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with …
The Supreme Court And Public Schools, Erwin Chemerinsky
The Supreme Court And Public Schools, Erwin Chemerinsky
Erwin Chemerinsky
Review of Justin Driver's The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind.
What's A Judge To Do? Remedying The Remedy In Institutional Reform Litigation, Susan Poser
What's A Judge To Do? Remedying The Remedy In Institutional Reform Litigation, Susan Poser
Susan Poser
Democracy by Decree is the latest contribution to a scholarly literature, now nearly thirty-years old, which questions whether judges have the legitimacy and the capacity to oversee the remedial phase of institutional reform litigation. Previous contributors to this literature have come out on one side or the other of the legitimacy and capacity debate. Abram Chayes, Owen Fiss, and more recently, Malcolm Feeley and Edward Rubin, have all argued that the proper role of judges is to remedy rights violations and that judges possess the legitimate institutional authority to order structural injunctions. Lon Fuller, Donald Horowitz, William Fletcher, and Gerald …
Evaluating Regulatory Interpretations: Individual Statements, Russell L. Weaver
Evaluating Regulatory Interpretations: Individual Statements, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Non-Physician Vs. Physician: Cross-Disciplinary Expert Testimony In Medical Negligence Litigation, Marc D. Ginsberg
Non-Physician Vs. Physician: Cross-Disciplinary Expert Testimony In Medical Negligence Litigation, Marc D. Ginsberg
Marc D. Ginsberg
The source of the applicable standard of care in a specific medical negligence claim is multifaceted. The testifying expert witness, when explaining the applicable standard of care, “would draw upon his own education and practical frame of reference as well as upon relevant medical thinking, as manifested by literature, educational resources and information available to practitioners, and experiences of similarly situated members of the profession.” Accordingly, in typical medical negligence litigation, the plaintiff’s expert witness testifying regarding the existence of and the defendant-physician’s deviation from the standard of care would be a physician. Why, then, have courts permitted non-physicians to …
Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, Matthew R. Kipp, Paul B. Lewis
Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, Matthew R. Kipp, Paul B. Lewis
Paul Lewis
With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the …
A Response, Fay Faraday, Eric Tucker
A Response, Fay Faraday, Eric Tucker
Fay Faraday
Faraday and Tucker respond to criticism about their work Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case (2012).