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Selected Works

Selected Works

2013

Civil procedure

Articles 1 - 7 of 7

Full-Text Articles in Law

Pound's Century, And Ours, Jay Tidmarsh Nov 2013

Pound's Century, And Ours, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.

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Civil Procedure: The Last Ten Years, Jay Tidmarsh Nov 2013

Civil Procedure: The Last Ten Years, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.

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Intellectual Property Defenses, Alex Stein, Gideon Parchomovsky Oct 2013

Intellectual Property Defenses, Alex Stein, Gideon Parchomovsky

Alex Stein

This Article demonstrates that all intellectual property defenses fit into three conceptual categories: general, individualized, and class defenses. A general defense challenges the validity of the plaintiff’s intellectual property right. When raised successfully, it annuls the plaintiff’s right and relieves not only the defendant, but also the entire world of the duty to comply with it. An individualized defense is much narrower in scope: Its successful showing defeats the specific infringement claim asserted by the plaintiff, but leaves the plaintiff’s right intact. Class defenses form an in-between category: They create an immunity zone for a certain group of users to …

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Simplification- A Civil Procedure Perspective, Doug Rendleman Feb 2013

Simplification- A Civil Procedure Perspective, Doug Rendleman

Doug Rendleman

No abstract provided.

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Simplification- A Civil Procedure Perspective, Doug Rendleman Jan 2013

Simplification- A Civil Procedure Perspective, Doug Rendleman

Doug Rendleman

No abstract provided.

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Superiority As Unity, Jay Tidmarsh Dec 2012

Superiority As Unity, Jay Tidmarsh

Jay Tidmarsh

One of Professor Redish’s many important contributions to legal scholarship is his recent work on class actions. Grounding his argument in the theory of democratic accountability that has been at the centerpiece of all his work, Professor Redish suggests that, in nearly all instances, class actions violate the individual autonomy of litigants and should not be used by courts. This Essay begins from the opposite premise: that class actions should be grounded in the notion of social utility rather than autonomy so that class actions should be used whenever they achieve net social gains. This idea of “superiority” presents some …

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Courts Should Apply A Relatively More Stringent Pleading Threshold To Class Actions, Matthew Lawrence Dec 2012

Courts Should Apply A Relatively More Stringent Pleading Threshold To Class Actions, Matthew Lawrence

Matthew B. Lawrence

Policymakers from Senator Edward Kennedy to Civil Rules Advisory Committee Reporter Edward Cooper have proposed that class actions be subject to a more stringent pleading threshold than individually-filed suits, yet the question has not been fully explored in legal scholarship. This Article addresses that gap. It shows that courts following the guidance of Bell Atlantic v. Twombly should apply a relatively more stringent pleading threshold to class actions, and a relatively less stringent threshold to individually-filed suits.

This contribution is set forth in two steps. First, this Article explains that, all else being equal, the anticipated systems’ costs and benefits …

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