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Full-Text Articles in Law
Class Action Myopia, Maureen Carroll
Class Action Myopia, Maureen Carroll
Articles
Over the past two decades, courts and commentators have often treated the class action as though it were a monolith, limiting their analysis to the particular class form that joins together a large number of claims for monetary relief This Article argues that the myopic focus on the aggregated-damages class action has led to undertheorization of the other class-action subtypes, which serve far different purposes and have far different effects, and has allowed the ongoing backlash against the aggregated-damages class action to affect the other subtypes in an undifferentiated manner. The failure to confine this backlash to its intended target …
Parens Patriae Run Amuck: The Child Welfare System's Disregard For The Constitutional Rights Of Non-Offending Parents, Vivek Sankaran
Parens Patriae Run Amuck: The Child Welfare System's Disregard For The Constitutional Rights Of Non-Offending Parents, Vivek Sankaran
Articles
Over the past hundred years, a consensus has emerged recognizing a parent's ability to raise his or her child as a fundamental, sacrosanct right protected by the Constitution. Federal courts have repeatedly rejected the parens patriae summary mode of decision making that predominated juvenile courts at the turn of the twentieth century and have instead held that juvenile courts must afford basic due process to parents prior to depriving them of custodial rights to their children. This recognition has led to the strengthening of procedural protections for parents accused of child abuse or neglect in civil child protection proceedings. Yet, …
Discovery Cost Allocation: Comment On Cooter And Rubinfeld, Edward H. Cooper
Discovery Cost Allocation: Comment On Cooter And Rubinfeld, Edward H. Cooper
Articles
Discovery practice continues to be the single most troubling element of contemporary procedure. To be sure, the system seems to work well in a high proportion of all federal cases. The proportion may seem astonishingly high in relation to the amount of attention devoted to discovery. The discovery problems that occur in a relatively small proportion of the federal caseload, however, impose serious burdens on the parties and the court system. Every proposal that addresses discovery "abuse" deserves serious attention. These comments focus on the discovery abuse portion of the paper by Cooter and Rubinfeld. Questions are posed that may …
What Is This Thing Called Hearsay?, John W. Reed
What Is This Thing Called Hearsay?, John W. Reed
Articles
This article is based on an address delivered at the 1956 Advocacy Institute at the University of Michigan. A re-examination of elementary principles, the discussion proceeds on the express assumption that much of the uncertainty and confusion in usa of the hearsay rule is unnecessary because it is due to failure to recall and employ these principles.
An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland
An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland
Articles
Procedure has always been the bete noire of the law school teacher. No other subject has developed such divergent opinions or such endless debates. None recurs with such periodic frequency and in no field of legal pedagogy has discussion seemed so barren of results. Three different general sessions of the Association of American Law Schools during the last ten years have been devoted largely or wholly to the subject of teaching procedure, and yet no substantial progress seems to have been made toward a standardized scheme of treatment. Individual teachers and schools have their individual views and policies, and they …
The Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland
The Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland
Articles
Procedure is merely the means of co-ordinating effort, of harmonizing differences, of offering every one equality of opportunity in offense and defense before the law. Without it there would be confusion, favoritism, and injustice. If the subject were viewed in this fundamental way, and were studied conscientiously as an incident and aid to the development and determination of the merits of controversies, the criticisms now so fiercely directed against it would largely disappear. In its use it is indispensable, in its abuse only does it cause trouble. A professional conscience to curb that abuse, and professional learning and skill to …
Some Hints On Defects In The Jury System, James V. Campbell
Some Hints On Defects In The Jury System, James V. Campbell
Articles
The occasional freaks of juries have now and then led some members of the bar to speculate on the policy of doing without them entirely, and some persons no doubt think that they have strong convictions that the jury system has become useless. It is safe to say that these extreme views are altogether speculative, and not based on any careful comparison of results. Most persons who have looked into their own experience with courts and juries are ready to agree that where there is no dispute about main facts, so that the chief dispute is one of law, there …