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Articles 1 - 12 of 12
Full-Text Articles in Law
Reinventing The Eeoc, Nancy M. Modesitt
Reinventing The Eeoc, Nancy M. Modesitt
All Faculty Scholarship
The Equal Employment Opportunity Commission (EEOC) has struggled to be a meaningful force in eradicating employment discrimination since its inception. The primary reasons for this are structural in nature. The EEOC was designed to react to discrimination complaints by investigating and conciliating all of the thousands of complaints filed annually. The EEOC has never been able to investigate all these complaints despite using the vast majority of its resources attempting to do so. The devotion of resources to managing and investigating the huge volume of complaints prevents the EEOC from taking more effective steps to eliminate discrimination. This article proposes …
War Courts: Terror's Distorting Effects On Federal Courts, Collin P. Wedel
War Courts: Terror's Distorting Effects On Federal Courts, Collin P. Wedel
Collin P Wedel
In recent years, federal courts have tried an increasing number of suspected terrorists. In fact, since 2001, federal courts have convicted over 403 people for terrorism-related crimes. Although much has been written about the normative question of where terrorists should be tried, scant research exists about the impact these recent trials have had upon the Article III court system. The debate, rather, has focused almost exclusively upon the proper venue for these trials and the hypothetical problems and advantages that might inhere in each venue. The war in Afghanistan, presenting a host of thorny legal issues, is now the longest …
Defending The Nlrb: Improving The Agency's Success In The Federal Courts Of Appeals, Jeffrey M. Hirsch
Defending The Nlrb: Improving The Agency's Success In The Federal Courts Of Appeals, Jeffrey M. Hirsch
Faculty Publications
No abstract provided.
Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.
Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Defending The Majoritarian Court, Amanda Frost
Defending The Majoritarian Court, Amanda Frost
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman
Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman
Saint Louis University Law Journal
No abstract provided.
Nationwide Personal Jurisdiction For Our Federal Courts, A. Benjamin Spencer
Nationwide Personal Jurisdiction For Our Federal Courts, A. Benjamin Spencer
Faculty Publications
Rule 4 of the Federal Rules of Civil Procedure limits the territorial jurisdiction of federal district courts to that of the courts of their host states.T his limitation is a voluntary rather than obligatory restriction, given district courts' status as courts of the national sovereign. Although there are sound policy reasons for limiting the jurisdictional reach of our federal courts in this manner, the limitation delivers little benefit from a judicial administration or even a fairness perspective, and ultimately costs more to implement than is gained in return. The rule should be amended to provide that district courts have personal …
Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Finkelstein, Michael Lewis
Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Finkelstein, Michael Lewis
University of Pennsylvania Law Review Online
The February 19th, 2010 release of a memorandum by the Justice Department clearing former Bush Administration lawyers John Yoo and Jay Bybee of any professional misconduct for their roles in authoring the so-called torture memos may have closed the chapter on the case against Bush Administration lawyers for formal sanctions from the United States government. But the debate about the propriety of the lawyers’ actions and the proper repercussions for them is far from over. The DOJ memorandum has renewed debate in the press and the academy about the now-hypothetical just deserts for the two men, even while Spanish authorities …
I Have Federal Pleading All Figured Out, Bradley S. Shannon
I Have Federal Pleading All Figured Out, Bradley S. Shannon
Bradley Scott Shannon
Amicus Brief, First American Financial Corp. V. Edwards, No. 10-708, Scott Dodson
Amicus Brief, First American Financial Corp. V. Edwards, No. 10-708, Scott Dodson
Scott Dodson
No abstract provided.
O'Connell V. Chapman Univ., No. 10-810, Scott Dodson
O'Connell V. Chapman Univ., No. 10-810, Scott Dodson
Scott Dodson
No abstract provided.
New Pleading, New Discovery, Scott Dodson
New Pleading, New Discovery, Scott Dodson
Scott Dodson
Pleading in federal court has a new narrative. The old narrative was one of notice, with the goal of broad access to the civil justice system. New Pleading, after the landmark Supreme Court cases of Twombly and Iqbal, is focused on factual sufficiency, with the purpose of screening out meritless cases that otherwise might impose discovery costs on defendants. The problem with New Pleading is that factual sufficiency often is a poor proxy for meritlessness. Some plaintiffs lack sufficient factual knowledge of the elements of their claims not because the claims lack merit but because the information they need is …