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Full-Text Articles in Law

A Pleading Problem: Seventh Circuit Decision In Swanson V. Citibank Illustrates The Unstable State Of Federal Pleading Standards In The Post-Iqbal Era, Trisha Chokshi Nov 2011

A Pleading Problem: Seventh Circuit Decision In Swanson V. Citibank Illustrates The Unstable State Of Federal Pleading Standards In The Post-Iqbal Era, Trisha Chokshi

Northern Illinois University Law Review

Historically, courts have been a place where individuals could obtain justice and relief for their grievances. Ordinary people have used courts to desegregate schools, protect the environment, punish corporate misconduct, and preserve fundamental liberties. Citizen access to federal courts, however, has become much more difficult in recent years in the wake of two Supreme Court decisions: Bell Atlantic Corp. v. Twombly in 2001 and Ashcroft v. Iqbal in 2009, which raised the pleading standard a plaintiff must satisfy before her case can go to court. In civil litigation, a pleading serves as an individual’s key to the courthouse door. The …


Richard A. Nagareda, "In Memorian" 1963-2010, Chris Guthrie, John C.P. Goldberg, Andrew R. Gould, J. Maria Glover Oct 2011

Richard A. Nagareda, "In Memorian" 1963-2010, Chris Guthrie, John C.P. Goldberg, Andrew R. Gould, J. Maria Glover

Vanderbilt Law Review

A year ago, many of us gathered in Vanderbilt University Law School's Flynn Auditorium to attend a "Celebration of the Life of Professor Richard Nagareda." Frankly, I didn't feel like celebrating, a sentiment I suspect others shared. Richard-scholar, teacher, mentor, colleague, friend, father, husband-had left this earth before any of us were ready to part with him. And yet, as the speakers shared their memories of Richard, the intense grief I had felt since learning of Richard's untimely death began to dissipate. There was then, and there remains now, so much to celebrate about his life. For in his forty-seven …


Where Are The Records? Handling Lost/Destroyed Records In Child Welfare Tort Litigation, Dale Margolin Cecka Jan 2011

Where Are The Records? Handling Lost/Destroyed Records In Child Welfare Tort Litigation, Dale Margolin Cecka

Law Faculty Publications

As child welfare professionals, we have all encountered the “missing” record, most often during day-to-day advocacy. For those who practice child welfare tort litigation, incomplete discovery is also common, even though case records can be critical in determining negligence or malfeasance. In other forms of civil litigation, judges are asked to hold parties accountable for losing or destroying records, and juries are allowed to draw negative inferences about the missing evidence. In contrast, an investigation of child welfare torts reveals that when a defending agency fails to produce credible records, the issue is simply not litigated or does not affect …


False Security: How Courts Have Improperly Rendered The Protections Of The Protective Order Illusory, Ramona L. Lampley Jan 2011

False Security: How Courts Have Improperly Rendered The Protections Of The Protective Order Illusory, Ramona L. Lampley

Faculty Articles

The protective order is perhaps one of the most useful and “taken for granted” discovery devices contemplated by the Colorado and Federal Rules of Civil Procedure. The purpose of a joint protective order in civil litigation is to permit the parties to produce business information without fear that the information will be disseminated publicly, and with a court order that the information be used only for purposes of the present litigation. Blanket protective orders serve the interests of a just, speedy, and less expensive determination of complex disputes by alleviating the need for and delay occasioned by extensive and repeated …


Whose Claim Is This Anyway? Third Party Litigation Funding, Maya Steinitz Jan 2011

Whose Claim Is This Anyway? Third Party Litigation Funding, Maya Steinitz

Faculty Scholarship

Third party litigation funding, or litigation finance, is a new industry composed of institutional investors who invest in litigation by providing finance in return for an ownership stake in a legal claim and a contingency in the recovery. Its emergence has been recognized as one of the most significant developments in civil litigation today. It will transform access to justice, and affect numerous areas of the law including corporate law, torts, intellectual property, environmental law, employment law and international law. Hailing from the U.K. and Australia, the practice is de facto prohibited in the U.S., largely through ethical rules disallowing …


Judges' Gender And Employment Discrimination Cases: Emerging Evidence-Based Empirical Conclusions, Pat K. Chew Jan 2011

Judges' Gender And Employment Discrimination Cases: Emerging Evidence-Based Empirical Conclusions, Pat K. Chew

Articles

This article surveys the emerging empirical research on the relationship between the judges' gender and the results in employment discrimination cases.