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Articles 1 - 30 of 38
Full-Text Articles in Law
Can Speech Act Theory Save Notice Pleading?, Susan E. Provenzano
Can Speech Act Theory Save Notice Pleading?, Susan E. Provenzano
Indiana Law Journal
Countless scholars have debated—and lower courts have attempted to apply—the plausibility pleading regime that the Supreme Court introduced in Twombly and Iqbal. Iqbal took Twombly’s requirement that a complaint plead plausibly and turned it into a two-step test. Under that test, the life or death of a lawsuit rests on the distinction between “well-pleaded” and “conclusory” allegations. Only the former are assumed true on a motion to dismiss. Seven decades of pleading precedent had taken a sensible, if unstable, approach to the truth assumption, making a single cut between factual contentions (assumed true) and legal conclusions (ignored). But Iqbal redrew …
The Federalism Challenges Of Protecting Medical Privacy In Workers' Compensation, Ani B. Satz
The Federalism Challenges Of Protecting Medical Privacy In Workers' Compensation, Ani B. Satz
Indiana Law Journal
Under current law, injured workers face a Hobson’s choice: They may file for workers’ compensation or maintain their medical privacy. The reason for this is that § 164.512(l) of the Health Insurance Portability and Accountability Act’s Privacy Rule (HPR) is widely misinterpreted by courts and legislatures as a wholesale waiver of privacy protections for injured workers. Section 164.512(l) excludes workers’ compensation from federal privacy protections that may frustrate the efficient administration of workers’ compensation claims. As the history and intent behind the HPR indicate, § 164.512(l) is premised on the assumption that states will protect workers’ privacy by creating and …
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
Mandatory Disclosure Can Improve The Discovery System, Angela R. Lang
Mandatory Disclosure Can Improve The Discovery System, Angela R. Lang
Indiana Law Journal
No abstract provided.
The 1993 Revision Of Federal Rule 11, Carl Tobias
The 1993 Revision Of Federal Rule 11, Carl Tobias
Indiana Law Journal
No abstract provided.
Mandatory Disclosure And Local Abrogation: In Search Of A Theory For Optional Rules, Lauren K. Robel
Mandatory Disclosure And Local Abrogation: In Search Of A Theory For Optional Rules, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
Fractured Procedure: The Civil Justice Reform Act Of 1990, Lauren K. Robel
Fractured Procedure: The Civil Justice Reform Act Of 1990, Lauren K. Robel
Articles by Maurer Faculty
Federal district courts have viewed the Civil Justice Reform Act of 1990 as a mandate to adopt procedural rules inconsistent with existing law. But in this article, Professor Robel argues that the Act neither compels nor authorizes such local deviations. Citing examples from reforms underway in district courts nationwide, Professor Robel contends that courts' assertions of broad rulemaking authority rest on a misreading of the Act and of the compromise between Congress and the judiciary that led to its passage. Professor Robel cautions that the goal of national uniformity underlying the Federal Rules of Civil Procedure should not be compromised …
Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve
Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve
Indiana Law Journal
No abstract provided.
Understanding Civil Procedure, By Gene R. Shreve And Peter Raven-Hansen, William M. Richman
Understanding Civil Procedure, By Gene R. Shreve And Peter Raven-Hansen, William M. Richman
Indiana Law Journal
No abstract provided.
"Inherent Power" And Rule 16, How Far Can A Federal Court Push The Litigant Toward Settlement?, David A. Rammelt
"Inherent Power" And Rule 16, How Far Can A Federal Court Push The Litigant Toward Settlement?, David A. Rammelt
Indiana Law Journal
No abstract provided.
Class Actions And Duplicative Litigation, Edward F. Sherman
Class Actions And Duplicative Litigation, Edward F. Sherman
Indiana Law Journal
No abstract provided.
Rethinking The Class Action: A Policy Primer On Reform, John C. Coffee Jr.
Rethinking The Class Action: A Policy Primer On Reform, John C. Coffee Jr.
Indiana Law Journal
No abstract provided.
Rule 4: Service By Mail May Cost You More Than A Stamp, Ann Varnon Crowley
Rule 4: Service By Mail May Cost You More Than A Stamp, Ann Varnon Crowley
Indiana Law Journal
No abstract provided.
The Use Of Discovery Sanctions In Administrative Agency Adjudication, Richard T. Frije
The Use Of Discovery Sanctions In Administrative Agency Adjudication, Richard T. Frije
Indiana Law Journal
No abstract provided.
Class Actions: Judicial Control Of Defense Communication With Absent Class Members, Donald D. Levenhagen
Class Actions: Judicial Control Of Defense Communication With Absent Class Members, Donald D. Levenhagen
Indiana Law Journal
No abstract provided.
Ancillary Jurisdiction And Intervention Under Federal Rule 24: Analysis And Proposals, Jeffrey L. Rensberger
Ancillary Jurisdiction And Intervention Under Federal Rule 24: Analysis And Proposals, Jeffrey L. Rensberger
Indiana Law Journal
No abstract provided.
Conflict And Dissent In Class Actions: A Suggested Perspective, Bryant G. Garth
Conflict And Dissent In Class Actions: A Suggested Perspective, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.
Personal Jurisdiction And Rule 23 Defendant Class Actions, John M. Rogers
Personal Jurisdiction And Rule 23 Defendant Class Actions, John M. Rogers
Indiana Law Journal
No abstract provided.
Organizational Representation Suits: Labor Unions May Attack Employment Discrimination Without Having To Meet Rule 23 Requirements, Richard J. Epps Jr.
Organizational Representation Suits: Labor Unions May Attack Employment Discrimination Without Having To Meet Rule 23 Requirements, Richard J. Epps Jr.
Indiana Law Journal
No abstract provided.
Wildcat Strikes: The Unions' Narrowing Path To Rectitude?, M. Jay Whitman
Wildcat Strikes: The Unions' Narrowing Path To Rectitude?, M. Jay Whitman
Indiana Law Journal
No abstract provided.
Reflections On The Senate Investigation Of Army Surveillance, Lawrence M. Baskir
Reflections On The Senate Investigation Of Army Surveillance, Lawrence M. Baskir
Indiana Law Journal
SYMPOSIUM:
The Military After Vietnam: The Search for Legal Controls
Title Vii And Postjudgment Class Actions, John F. Crawford
Title Vii And Postjudgment Class Actions, John F. Crawford
Indiana Law Journal
No abstract provided.
Post Trial Motions Under The New Indiana Rules, Edwin H. Greenebaum
Post Trial Motions Under The New Indiana Rules, Edwin H. Greenebaum
Indiana Law Journal
No abstract provided.
Pretrial Discovery And The Adversary System, By William A. Glaser, Floyd Abrams
Pretrial Discovery And The Adversary System, By William A. Glaser, Floyd Abrams
Indiana Law Journal
No abstract provided.
In Defense Of The Doctrine Of Mutuality Of Estoppel, Edwin H. Greenebaum
In Defense Of The Doctrine Of Mutuality Of Estoppel, Edwin H. Greenebaum
Indiana Law Journal
No abstract provided.
Mutuality Of Estoppel-Affirmative Use Of Collateral Estoppel- Conflicting Judgments Affecting Similarly Situated Claimants, William R. Pietz
Mutuality Of Estoppel-Affirmative Use Of Collateral Estoppel- Conflicting Judgments Affecting Similarly Situated Claimants, William R. Pietz
Indiana Law Journal
No abstract provided.
Discovery Of Expert Opinion In Land Condemnation Proceedings
Discovery Of Expert Opinion In Land Condemnation Proceedings
Indiana Law Journal
No abstract provided.
Federal District Court Consolidation Orders And The Final Judgment Rule
Federal District Court Consolidation Orders And The Final Judgment Rule
Indiana Law Journal
No abstract provided.
The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington
The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington
Articles by Maurer Faculty
Professor Carrington examines the proposed amendment to the Federal Rules of Civil Procedure that would confer quasi in rem jurisdiction on the federal courts and concludes that it should be rejected. Arguing that the expansion of the concept of personal jurisdiction has removed most of what justification there once was for quasi in rem jurisdiction, the author maintains that the latter jurisdiction often provides only limited and uncertain judgments for local plaintiffs while compelling nonresident defendants to litigate in an inconvenient forum, and herefore should not be made available in the federal courts merely to bring their practice into conformity …
Transfer Of Civil Actions Under 28 U.S.C. § 1404(A)
Transfer Of Civil Actions Under 28 U.S.C. § 1404(A)
Indiana Law Journal
No abstract provided.