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Full-Text Articles in Law
The Ostensible (And, At Times, Actual) Virtue Of Deference, Anthony O'Rourke
The Ostensible (And, At Times, Actual) Virtue Of Deference, Anthony O'Rourke
Journal Articles
In Rethinking Police Expertise, Anna Lvovsky exposes how litigators leverage judicial understandings of police expertise against the government. The article is rich not only with descriptive insights, but also with normative potential. By rigorously analyzing the relationship between expertise and authority in specific cases, Professor Lvovsky offers guidance as to how judges and lawyers should factor a police officer’s expertise into an assessment of whether the officer’s conduct is lawful. This Response argues, however, that Rethinking Police Expertise’s normative potential is weakened by the sharp conceptual distinction it draws between judicial understandings of expertise as a “professional virtue” (which it …
Specialized Trial Courts In Patent Litigation: A Review Of The Patent Pilot Program's Impact On Appellate Reversal Rates At The Five-Year Mark, Amy Semet
Journal Articles
Do specialized trial court judges make more accurate decisions in patent law cases? In 2011, Congress passed a law setting up a ten-year patent law pilot program to enhance expertise in patent litigation by funneling more trial court decisions to fourteen selected district courts. Now that the five-year mark has passed, has the program had its intended effect of increasing accuracy, as measured by less reversal by the appellate court? In this Article, I analyze over 20,000 trial-court patent cases filed from late 2011 to 2016, focusing specifically on whether cases heard by district court judges participating in the patent …
The Law Is Made Of Stories: Erasing The False Dichotomy Between Stories And Legal Rules, Stephen Paskey
The Law Is Made Of Stories: Erasing The False Dichotomy Between Stories And Legal Rules, Stephen Paskey
Journal Articles
When lawyers think of legal analysis, they think chiefly of logic and reason. Stories are secondary. As Michael Smith explains, our legal system “is not founded on narrative reasoning” but on “a commitment to the rule of law.” The article suggests that this dichotomy between “rule-based reasoning” and “narrative reasoning” is false, and that narrative and stories are central to legal reasoning, including rule-based reasoning. In doing so, the article uses literary narrative theory to show that every governing legal rule has the structure of a “stock story”: the elements of the rule correspond to elements of a story. It …
Where Is Home Depot “At Home”? Daimler V. Bauman And The End Of Doing Business Jurisdiction, Tanya J. Monestier
Where Is Home Depot “At Home”? Daimler V. Bauman And The End Of Doing Business Jurisdiction, Tanya J. Monestier
Journal Articles
In January 2014, the U.S. Supreme Court decided Daimler AG v. Bauman. The case was supposed to resolve a very important question that had divided courts for decades: when, for jurisdictional purposes, can the contacts of a subsidiary be imputed to its parent? The Supreme Court dodged this question. Instead, it answered a different, but equally important, question: under what circumstances is a corporation “at home” such that a state has general jurisdiction over it? The Court had introduced the “at home” language to the discourse on general jurisdiction a few years earlier in Goodyear Dunlop Tires Operations, S.A. …
Plaintiff Control And Domination In Multidistrict Mass Torts, S. Todd Brown
Plaintiff Control And Domination In Multidistrict Mass Torts, S. Todd Brown
Journal Articles
No abstract provided.
Transnational Class Actions And The Illusory Search For Res Judicata, Tanya J. Monestier
Transnational Class Actions And The Illusory Search For Res Judicata, Tanya J. Monestier
Journal Articles
The transnational class action—a class action in which a portion of the class consists of non-U.S. claimants—is here to stay. Defendants typically resist the certification of transnational class actions on the basis that such actions provide no assurance of finality for a defendant, as it will always be possible for a non-U.S. class member to initiate subsequent proceedings in a foreign court. In response to this concern, many U.S. courts will analyze whether the “home” courts of the foreign class members would accord res judicata effect to an eventual U.S. judgment prior to certifying a U.S. class action containing foreign …
Checks, Balances And Judicial Wizardry: Constitutional Delegation And Congressional Legislation, Robert I. Reis
Checks, Balances And Judicial Wizardry: Constitutional Delegation And Congressional Legislation, Robert I. Reis
Journal Articles
No abstract provided.
Personal Jurisdiction Over Non-Resident Class Members: Have We Gone Down The Wrong Road?, Tanya J. Monestier
Personal Jurisdiction Over Non-Resident Class Members: Have We Gone Down The Wrong Road?, Tanya J. Monestier
Journal Articles
No abstract provided.
Rights And Remedies Post Ebay V. Mercexchange - Deep Waters Stirred, Robert I. Reis
Rights And Remedies Post Ebay V. Mercexchange - Deep Waters Stirred, Robert I. Reis
Journal Articles
No abstract provided.
Foreign Judgments At Common Law: Rethinking The Enforcement Rules, Tanya J. Monestier
Foreign Judgments At Common Law: Rethinking The Enforcement Rules, Tanya J. Monestier
Journal Articles
England and Canada have adopted divergent approaches to the enforcement of foreign civil and commercial judgments. An English court will only enforce a foreign judgment where the defendant submitted to the junsdiction of the foreign court, or was present in the foreign jurisdiction when served with process. This position. while protecting domestic defendants, is outdated and does little to further the objectives underpinning judgment enforcement- Canadian courts, by contrast, have been far more liberal than their English counterparts, enforcing foreign judgments in cases where there is a "real and substantial connection" between the dispute and the judgment forum. While this …
A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner
A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner
Journal Articles
No abstract provided.
Section 98 And The Specialized Practice Of Civil Rights Law, James A. Gardner
Section 98 And The Specialized Practice Of Civil Rights Law, James A. Gardner
Journal Articles
No abstract provided.
Dispute Processing And A Longitudinal Approach To Trial Courts, Lynn Mather
Dispute Processing And A Longitudinal Approach To Trial Courts, Lynn Mather
Journal Articles
This article suggests ways to integrate the insights and findings of two rather distinct fields: docket-based, longitudinal studies of trial courts and studies of dispute processing. In particular, I argue that longitudinal research on courts would benefit enormously from the incorporation of concepts and data on dispute processing. For example, instead of taking court cases as the starting point for study, longitudinal research should explore the multistage and transformative nature of disputing. Historical data should also be collected on the nature of the relationships between opposing litigants, on the roles played by participants other than the litigants (lawyers, supporters, audiences, …
The Legal Community And The Transformation Of Disputes: The Settlement Of Injunction Actions, James B. Atleson
The Legal Community And The Transformation Of Disputes: The Settlement Of Injunction Actions, James B. Atleson
Journal Articles
Lawyers in cases involving injunctions against picketing represent clients in situations of great immediacy. A significant number of injunction actions are settled with reductions in picketing despite a seemingly restrictive statute and a highly organized workforce. This study of legal culture examines the role of lawyers in striving to create predictability, especially in regard to judges and the police, and in transforming conflicts of value into disputes over interests that can be resolved without resort to formal adjudication.
Conclusion: The Mobilizing Potential Of Class Actions, Lynn Mather
Conclusion: The Mobilizing Potential Of Class Actions, Lynn Mather
Journal Articles
No abstract provided.
Citizen Suits In The Environmental Field: Peril Or Promise?, Barry B. Boyer, Roger C. Cramton
Citizen Suits In The Environmental Field: Peril Or Promise?, Barry B. Boyer, Roger C. Cramton
Journal Articles
No abstract provided.