Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (12)
- University of New Mexico (7)
- Boston University School of Law (6)
- Georgetown University Law Center (6)
- Texas A&M University School of Law (6)
-
- University of Colorado Law School (5)
- University of Michigan Law School (5)
- Brooklyn Law School (3)
- Cornell University Law School (3)
- University of Miami Law School (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- University of Pittsburgh School of Law (3)
- Case Western Reserve University School of Law (2)
- Duke Law (2)
- New York Law School (2)
- Notre Dame Law School (2)
- Schulich School of Law, Dalhousie University (2)
- The Catholic University of America, Columbus School of Law (2)
- University at Buffalo School of Law (2)
- University of Connecticut (2)
- University of Missouri School of Law (2)
- Barry University School of Law (1)
- Bowling Green State University (1)
- DePaul University (1)
- Emory University School of Law (1)
- Florida International University College of Law (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Georgia State University (1)
- Nova Southeastern University (1)
- Keyword
-
- Litigation (14)
- Juries (5)
- Settlement (5)
- Civil procedure (4)
- Class actions (4)
-
- Discovery (4)
- Regulation (4)
- Civil rights (3)
- Complex litigation (3)
- Employment discrimination (3)
- Federal Rules of Civil Procedure (3)
- Legal ethics (3)
- Legal history (3)
- Negotiation (3)
- Patent (3)
- Patents (3)
- Regulations (3)
- Sixth Amendment (3)
- Witnesses (3)
- ADR (2)
- Administrative law (2)
- Arbitration (2)
- Civil litigation (2)
- Clients (2)
- Common law (2)
- Copyright (2)
- Dispute resolution (2)
- Due process (2)
- Education (2)
- Efficiency (2)
- Publication
-
- Faculty Scholarship (21)
- All Faculty Scholarship (13)
- Articles (10)
- Publications (10)
- Faculty Publications (6)
-
- Georgetown Law Faculty Publications and Other Works (6)
- Journal Articles (4)
- Scholarly Works (4)
- Scholarly Articles (3)
- Articles & Chapters (2)
- Articles, Book Chapters, & Popular Press (2)
- Cornell Law Faculty Publications (2)
- Faculty Articles and Papers (2)
- Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20) (2)
- Articles & Book Chapters (1)
- Bolch Judicial Institute Publications (1)
- Book Chapters (1)
- College of Law Faculty (1)
- Cornell Law School J.D. Student Research Papers (1)
- Criminal Justice Faculty Publications (1)
- Faculty Articles (1)
- Faculty Articles and Other Publications (1)
- Georgia State University Copyright Lawsuit (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarship (1)
- Presentations (1)
- Research Collection Yong Pung How School Of Law (1)
- Scholarly Publications (1)
- Sturm College of Law: Faculty Scholarship (1)
- UIC Law Open Access Faculty Scholarship (1)
Articles 91 - 104 of 104
Full-Text Articles in Law
Cy Pres And The Optimal Class Action, Jay Tidmarsh
Cy Pres And The Optimal Class Action, Jay Tidmarsh
Journal Articles
This Article, prepared for a symposium on class actions, examines the problem of cy pres relief through the lens of ensuring that class actions have an optimal claim structure and class membership. It finds that the present cy pres doctrine does little to advance the creation of optimal class actions, and may do some harm to achieving that goal. The Article then proposes an alternative “nudge” to induce putative class counsel to structure class actions in an optimal way: set attorneys’ fees so that counsel is compensated through a combination of an hourly market rate and a percentage of the …
Whither Bespoke Procedure?, David A. Hoffman
Whither Bespoke Procedure?, David A. Hoffman
All Faculty Scholarship
Increasingly we hear that civil procedure lurks in the shadow of private law. Scholars suggest that the civil rules are mere defaults, applying if the parties fail to contract around them. When judges confront terms modifying court procedures — a trend said to be explosive — they seem all-too-willing to surrender to the inevitable logic of private and efficient private ordering. * How concerned should we be? This Article casts a wide net to find examples of private contracts governing procedure, and finds a decided absence of evidence. I search a large database of agreements entered into by public firms, …
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
All Faculty Scholarship
Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to …
Multiple Attempts At Class Certification, Tobias Barrington Wolff
Multiple Attempts At Class Certification, Tobias Barrington Wolff
All Faculty Scholarship
The phenomenon of multiple attempts at class certification -- when class counsel file the same putative class action in multiple successive courts and attempt to secure an order of certification despite previous denials of the same request -- has always presented a vexing analytical puzzle. When the Supreme Court rejected one proposed solution to that problem in Smith v. Bayer, it left unresolved some of the broader questions of preclusion doctrine, federal common law, and the constraints of due process with which any satisfying approach will have to grapple.
This essay was solicited as a reply to a recent …
Rethinking Summary Judgment Empirics: The Life Of The Parties, Jonah B. Gelbach
Rethinking Summary Judgment Empirics: The Life Of The Parties, Jonah B. Gelbach
All Faculty Scholarship
No abstract provided.
Preliminary Injunctions Post-Mayo And Myriad, Jacob S. Sherkow
Preliminary Injunctions Post-Mayo And Myriad, Jacob S. Sherkow
Articles & Chapters
The Supreme Court's recent interest in patentable subject matter has had several, unexpected downstream effects on preliminary injunctions in patent disputes.
The Supreme Court has recently expressed increased interest in patent eligibility, or patentable subject matter, the doctrine that limits the types of inventions eligible for patenting. Its two decisions, Mayo Collaborative Services v. Prometheus Laboratories, Inc., in 2012, and Association for Molecular Pathology v. Myriad Genetics, Inc., in 2013, represented the first broad restrictions on patentable subject matter in over thirty years. And later this term, the Court will decide yet another patent eligibility case: Alice Corp. v. CLS …
Discretion In Class Certification, Tobias Barrington Wolff
Discretion In Class Certification, Tobias Barrington Wolff
All Faculty Scholarship
A district court has broad discretion in deciding whether a suit may be maintained as a class action. Variations on this phrase populate the class action jurisprudence of the federal courts. The power of the federal courts to exercise discretion when deciding whether to permit a suit to proceed as a class action has long been treated as an elemental component of a representative proceeding. It is therefore cause for surprise that there is no broad consensus regarding the nature and definition of this judicial discretion in the certification process. The federal courts have not coalesced around a clear or …
Training The New Litigator: Some Assembly Required, Leonard M. Niehoff
Training The New Litigator: Some Assembly Required, Leonard M. Niehoff
Articles
The financial crisis of 2008 brought the legal profession to a crossroads. Indeed, it brought the profession to so many crossroads that we awoke to find ourselves in a surreal cityscape that seemed to consist of nothing but dangerous intersections. Law firms faced tough decisions about which way to go: Should we get smaller, or stay the course, or take advantage of the buyer's market for new and lateral hires? Should we jettison struggling clients or stand beside them? Should we cut budgets for business development, or do we need them now more than ever? Should we pursue some practice …
Muslim Radicalization In Prison: Responding With Sound Penal Policy Or The Sound Of Alarm?, Spearit
Muslim Radicalization In Prison: Responding With Sound Penal Policy Or The Sound Of Alarm?, Spearit
Articles
This article assesses radicalization among Muslim prisoners in the post- 9/11 era by analysis of ethnographic data in light of the available research. There are two primary motives that drive this inquiry: (1) to determine whether prisons are “fertile soil for jihad” as claimed, and (2) to the extent prisoner radicalization does occur, determine the ideological motives. In the last decade, politicians and analysts have clamored about the “danger” and “threat” posed by Islam in American prisons. Yet these characterizations sit in tension with several decades of sustained Islamic outreach in prison to support inmate rehabilitation and re-entry. They also …
Future Claimants And The Quest For Global Peace, Rhonda Wasserman
Future Claimants And The Quest For Global Peace, Rhonda Wasserman
Articles
n the mass tort context, the defendant typically seeks to resolve all of the claims against it in one fell swoop. But the defendant’s interest in global peace is often unattainable in cases involving future claimants – those individuals who have already been exposed to a toxic material or defective product, but whose injuries have not yet manifested sufficiently to support a claim or motivate them to pursue it. The class action vehicle cannot be used because it is impossible to provide reasonable notice and adequate representation to future claimants. Likewise, non-class aggregate settlements cannot be deployed because future claimants …
The Trickle-Down War, Rosa Brooks
The Trickle-Down War, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
The history of the European nation-state, wrote political sociologist Charles Tilly, is inextricably bound up with the history of warfare. To oversimplify Tilly’s nuanced and complex arguments, the story goes something like this: As power-holders (originally bandits and local strongmen) sought to expand their power, they needed capital to pay for weapons, soldiers and supplies. The need for capital and new recruits drove the creation of taxation systems and census mechanisms, and the need for more effective systems of taxation and recruitment necessitated better roads, better communications and better record keeping. This in turn enabled the creation of larger and …
The Rise And Fall Of Unconscionability As The 'Law Of The Poor', Anne Fleming
The Rise And Fall Of Unconscionability As The 'Law Of The Poor', Anne Fleming
Georgetown Law Faculty Publications and Other Works
What happened to unconscionability? Here’s one version of the story: The doctrine of unconscionability experienced a brief resurgence in the mid-1960s at the hands of naive, left-liberal, activist judges, who used it to rewrite private consumer contracts according to their own sense of justice. These folks meant well, no doubt, much like present-day consumer protection crusaders who seek to ensure the “fairness” of financial products and services. But courts’ refusal to enforce terms they deemed "unconscionable” served only to increase the cost of doing business with low-income households. Judges ended up hurting the very people they were trying to help. …
Machine Learning And Law, Harry Surden
Machine Learning And Law, Harry Surden
Publications
This Article explores the application of machine learning techniques within the practice of law. Broadly speaking “machine learning” refers to computer algorithms that have the ability to “learn” or improve in performance over time on some task. In general, machine learning algorithms are designed to detect patterns in data and then apply these patterns going forward to new data in order to automate particular tasks. Outside of law, machine learning techniques have been successfully applied to automate tasks that were once thought to necessitate human intelligence — for example language translation, fraud-detection, driving automobiles, facial recognition, and data-mining. If performing …
Things We Do With Presumptions: Reflections On Kiobel V. Royal Dutch Petroleum, Carlos Manuel Vázquez
Things We Do With Presumptions: Reflections On Kiobel V. Royal Dutch Petroleum, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
The author argues in part I that the presumption should be regarded as categorically inapplicable to statutes conferring jurisdiction on the federal courts. He argues further that the majority opinion in Kiobel supports the conclusion that the presumption is inapplicable to such statutes. It is clear from the Court’s opinion that it was not applying the presumption to determine the geographical scope of the ATS qua jurisdictional statute. It was instead applying the presumption to determine the geographical scope of the federal common law cause of action it had recognized in Sosa v. Alvarez-Machain.
Even when the presumption against …