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Full-Text Articles in Law
One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl
One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl
Faculty Publications
This Article concerns an aspect of Article III standing that has played a role in many of the highest-profile controversies of recent years, including litigation over the Affordable Care Act, immigration policy, and climate change. Although the federal courts constantly emphasize the importance of ensuring that only proper plaintiffs invoke the federal judicial power, the Supreme Court and other federal courts have developed a significant exception to the usual requirement of standing. This exception holds that a court entertaining a multiple-plaintiff case may dispense with inquiring into the standing of each plaintiff as long as the court finds that one …
Mandating Rule 11 Sanctions? Here We Go Again!, Edward D. Cavanagh
Mandating Rule 11 Sanctions? Here We Go Again!, Edward D. Cavanagh
Faculty Publications
The House of Representatives has passed H.R. 720, a bill that would amend Rule 11 of the Federal Rules of Civil Procedure by re‑instituting mandatory sanctions for Rule 11 violations and essentially restoring Rule 11 to its contents under the 1983 amendments to the Federal Rules of Civil Procedure. The legislation would mandate imposition of monetary sanctions and eliminate any restrictions on when a Rule 11 motion could be filed. The bill would thus scuttle the 1993 Amendments, which (1) entrusted the sanctions decision to the sound discretion of the trial court; (2) provided a 21‑day safe harbor period that …
Police Misconduct, Video Recording, And Procedural Barriers To Rights Enforcement, Howard M. Wasserman
Police Misconduct, Video Recording, And Procedural Barriers To Rights Enforcement, Howard M. Wasserman
Faculty Publications
The story of police reform and of "policing the police" has become the story of video and video evidence, and "record everything to know the truth" has become the singular mantra. Video, both police-created and citizen-created, has become the singular tool for ensuring police accountability, reforming law enforcement, and enforcing the rights of victims of police misconduct. This Article explores procedural problems surrounding the use of video recording and video evidence to counter police misconduct, hold individual officers and governments accountable, and reform departmental policies, regulations, and practices. It considers four issues: 1) the mistaken belief that video can "speak …