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Full-Text Articles in Law
Employment Discrimination Class Actions After Wal-Mart V. Dukes, Michael Selmi, Sylvia Tsakos
Employment Discrimination Class Actions After Wal-Mart V. Dukes, Michael Selmi, Sylvia Tsakos
Akron Law Review
This Article explores the ramifications of Wal-Mart approximately five years after the case was decided. While five years hardly provides definitive data on how the case will be interpreted, it is possible to identify trends in the cases that have been decided to date—trends that are likely to provide insight into the future of class action claims. That future suggests that there will be fewer, and perhaps no, nationwide class actions in cases that do not involve a clear challenged practice (any such cases are likely to be disparate impact cases) and that the prospect for class certification will turn …
The Citizen's Relief Against Inactive Federal Officials: Case Studies In Mandamus, Actions "In The Nature Of Mandamus," And Mandatory Injuctions, Howard W. Brill
The Citizen's Relief Against Inactive Federal Officials: Case Studies In Mandamus, Actions "In The Nature Of Mandamus," And Mandatory Injuctions, Howard W. Brill
Akron Law Review
Historically, the citizen-plaintiff would have sought the common law writ of mandamus if he were able to scale, or avoid, the threshold barriers of standing and sovereign immunity. This article will examine briefly the history of the writ of mandamus, the requirements for issuance of the writ, and the defenses accepted by courts to deny its issuance. The article will focus specifically on the unique position of the writ in federal courts, including its abolition by the Federal Rules of Civil Procedure.
Developing Standards For The Imposition Of Sanctions Under Rule 11 Of The Federal Rules Of Civil Procedure, Adam H. Bloomenstein
Developing Standards For The Imposition Of Sanctions Under Rule 11 Of The Federal Rules Of Civil Procedure, Adam H. Bloomenstein
Akron Law Review
This article will argue that the standard for imposing sanctions under Rule 11 should focus on the nature of the conduct alleged to violate the rule. Sanctions under the rule can be triggered by different types of conduct. Certain types of conduct should be scrutinized more closely, requiring the imposition of sanctions more frequently. Factors such as whether a party subject to Rule 11 sanctions is acting pro se or through counsel should also impact on a decision to assess sanctions under Rule 11. Each type of conduct should be evaluated under an independent set of standards. Part I will …
Procuring Trial Testimony From Corporate Officers And Employees: Alternative Methods And Suggestions For Reform, Richard J. Oparil
Procuring Trial Testimony From Corporate Officers And Employees: Alternative Methods And Suggestions For Reform, Richard J. Oparil
Akron Law Review
This article discusses the situation under the current Federal Rules of Civil Procedure, including some alternative methods of obtaining testimony at trial. The article then discusses various ways the problem could be solved through rule changes to help ensure live trial testimony by corporate officials.
"Procedural Swift": Complex Litigation Reform, State Tort Law, And Democratic Values, Joellen Lind
"Procedural Swift": Complex Litigation Reform, State Tort Law, And Democratic Values, Joellen Lind
Akron Law Review
My discussion is made in the spirit of an essay and proceeds in four major parts. Part II, Diversity Jurisdiction and Democracy, describes the problematic connection between democratic values and diversity jurisdiction. It explains that when Congress deploys minimal diversity to make access to federal courts available in class action and mass tort cases there are potential risks to the role of states in promoting the democratic values of political participation, transparency, and accountability. Part III, Complex Litigation—The Rationale for Intrusion relates these issues to the specific reforms in complex litigation recently initiated by Congress. Part IV, Tilting the Playing …
Symposium: Erie Under Advisement: The Doctrine After Shady Grove; Forward: Erie's Gift, Jay Tidmarsh
Symposium: Erie Under Advisement: The Doctrine After Shady Grove; Forward: Erie's Gift, Jay Tidmarsh
Akron Law Review
A forward to the articles in this journal. All the articles manifest concern for the constitutional and structural concerns that animated Erie and its procedural progeny. Several articles, especially those by Professors Doernberg, Koppel, and Stempel examine the jurisprudential commitments underlying the Erie doctrine in general and the various opinions in Shady Grove in particular. Professors Genetin and Friedenthal examine the difficulties of, respectively, statutory and rule interpretation in the Erie context. Professor Koppel emphasizes the value of procedural uniformity. Professor Doernberg evaluates the relationship between the procedural Erie doctrine and concerns for federalism. Mr. Gaber brings some realpolitik to …