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UIdaho Law

Civil Procedure

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Full-Text Articles in Law

Posner Tackles The Pro Se Prisoner Problem: A Book Review Of "Reforming The Federal Judiciary", Katherine Macfarlane Jan 2018

Posner Tackles The Pro Se Prisoner Problem: A Book Review Of "Reforming The Federal Judiciary", Katherine Macfarlane

Articles

No abstract provided.


Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders Jan 2016

Deconstructing Juryless Fact-Finding In Civil Cases, Shaakirrah R. Sanders

Articles

In many states, legislatures have mandated juryless fact-finding in common law– based civil cases by imposing compensatory damage caps that effectively lessen the jury’s traditional and historic role as injury valuator. The primary purpose of most caps was to reign in “excessive” civil jury verdicts, which allegedly caused “skyrocketing” medical malpractice insurance premiums and litigation costs. But no legislatively imposed cap is triggered by a preliminary finding of excessiveness. Trial judges have no authority to determine whether application of a cap is just or fair to the (often) severely injured plaintiff. Despite a shared interpretive methodology with regards to ...


Shadow Judges: Staff Attorney Adjudication Of Prisoner Claims, Katherine Macfarlane Jan 2016

Shadow Judges: Staff Attorney Adjudication Of Prisoner Claims, Katherine Macfarlane

Articles

Prisoners bring over twenty percent of the civil cases filed in federal district courts, predominantly seeking redress for violations of their civil rights, or release from prison under habeas corpus. Because most prisoners (around ninety-three percent) proceed pro se in their federal civil litigation, they are already at a disadvantage. The deck is stacked against prisoner plaintiffs in other systemic ways. Local rules, general orders, and even district courts’ job postings suggest that when a plaintiff is a pro se prisoner the plaintiff is denied an Article III judge. Judicial tasks that must be performed in prisoners’ cases, from administration ...


Uncapping Compensation In The Gore Punitive Damage Analysis, Shaakirrah R. Sanders Jan 2015

Uncapping Compensation In The Gore Punitive Damage Analysis, Shaakirrah R. Sanders

Articles

BMW of North America, Inc. v. Gore rests, in part, on the “understandable relationship” between a civil jury’s award of compensatory and punitive damages. Gore designates Due Process a protectant against excessive civil jury awards, in effect outmaneuvering the civil jury trial right. Gore identifies three guideposts to determine whether punitive damages are excessive: (1) the degree of reprehensibility of a defendant’s conduct; (2) the disparity between compensatory and punitive damages; and (3) the difference between punitive damages and civil penalties authorized or imposed in comparable cases.

This Article focuses on the second of Gore’s three guideposts ...


Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt Jan 1990

Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt

Articles

No abstract provided.