Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Civil procedure (2)
- Due process (2)
- Jurisdiction (2)
- Access to justice (1)
- Affirmative action (1)
-
- Ashcroft v. Iqbal (1)
- Bell Atlantic Corp. v. Twombly (1)
- Citizens United v. FEC (1)
- Civil liability (1)
- Civil rights (1)
- Claims (1)
- Class action (1)
- Class actions (1)
- Collective action (1)
- Comparative law (1)
- Confidential (1)
- Confidentiality (1)
- Declining jurisdiction (1)
- Empirical (1)
- Enforcement default (1)
- Erie doctrine (1)
- FLSA (1)
- Fact of injury (1)
- Fair Labor Standards Act (1)
- Federal Rules of Civil Procedure (1)
- Federal procedure (1)
- Forum non conveniens (1)
- International litigation (1)
- Litigation (1)
- Parallel litigation (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Erie As A Choice Of Enforcement Defaults, Sergio J. Campos
Erie As A Choice Of Enforcement Defaults, Sergio J. Campos
Articles
The Erie doctrine governs, among other things, when a federal court sitting in diversity jurisdiction may use a federal procedure that differs from the procedure a state court would use. Displacing the state procedure with the federal procedure (or not) may impact the substantive objectives of either state or federal law, but the current Erie doctrine provides little guidance. This Article argues that the Erie doctrine is best understood as governing a choice of enforcement defaults. As argued below, the primary function of civil liability is to protect a substantive entitlement to avoid the legal violation, either directly through specific …
Proof Of Classwide Injury, Sergio J. Campos
King Arthur Confronts Twiqy Pleading, Edward H. Cooper
King Arthur Confronts Twiqy Pleading, Edward H. Cooper
Articles
Rule 25 of the 1912 Equity Rules stated that "it shall be sufficient that a bill in equity shall contain ... a short and simple statement of the ultimate facts upon which the plaintiff asks relief, omitting any mere statement of evidence." Not mere conclusions, not evidence, but "ultimate facts." And, at that, not facts "constituting the cause of action." The bare words of Rule 25 could mean something quite different to a twenty-first-century audience than they meant to a twentieth-century audience. But they may serve as a foil to the challenge framed by the Supreme Court in Bell Atlantic …
Mass Torts And Due Process, Sergio J. Campos
Access-To-Justice Analysis On A Due Process Platform, Ronald A. Brand
Access-To-Justice Analysis On A Due Process Platform, Ronald A. Brand
Articles
In their article, Forum Non Conveniens and The Enforcement of Foreign Judgments, Christopher Whytock and Cassandra Burke Robertson provide a wonderful ride through the landscape of the law of both forum non convenience and judgments recognition and enforcement. They explain doctrinal development and current case law clearly and efficiently, in a manner that educates, but does not overburden, the reader. Based upon that explanation, they then provide an analysis of both areas of the law and offer suggestions for change. Those suggestions, they tell us, are necessary to close the “transnational access-to-justice gap” that results from apparent differences between rules …
The Paradox Of Political Power: Post-Racialism, Equal Protection, And Democracy, William M. Carter Jr.
The Paradox Of Political Power: Post-Racialism, Equal Protection, And Democracy, William M. Carter Jr.
Articles
Racial minorities have achieved unparalleled electoral success in recent years. Simultaneously, they have continued to rank at or near the bottom in terms of health, wealth, income, education, and the effects of the criminal justice system. Social conservatives, including those on the Supreme Court, have latched onto evidence of isolated electoral success as proof of “post-racialism,” while ignoring the evidence of continued disparities for the vast majority of people of color.
This Essay will examine the tension between the Court's conservatives' repeated calls for minorities to achieve their goals through the political process and the Supreme Court's increasingly restrictive "colorblind" …
Secret Class Action Settlements, Rhonda Wasserman
Secret Class Action Settlements, Rhonda Wasserman
Articles
This Article analyzes the phenomenon of secret class action settlements. To illustrate the practice, Part I undertakes a case study of a class action lawsuit that recently settled under seal. Part II seeks to ascertain the scope of the practice. Part II.A examines newspaper accounts describing class action settlements from around the country. Part II.B focuses on a single federal judicial district – the Western District of Pennsylvania – and seeks to ascertain the percentage of suits filed as class actions that were settled under seal. Having gained some understanding of the scope of the practice, the Article then seeks …