Law Commons^™

Chapters Of The Civil Jury, Doug R. Rendleman

Doug Rendleman

The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …

Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

Doug Rendleman

Joseph F. Weis Jr's theories regarding US procedural policymaking and service by mail from the Hague Convention are examined. Weis explores two themes that run through US civil procedure: counterintuitive instrumentalism and underlying pragmatism.

Disobedience And Coercive Contempt Confinement: The Terminally Stubborn Contemnor, Doug Rendleman

Doug Rendleman

No abstract provided.

Simplification- A Civil Procedure Perspective, Doug Rendleman

Doug Rendleman

No abstract provided.

California Practicum: A Guide To Coordination Of Civil Actions In California, Darren L. Brooks

Pepperdine Law Review

No abstract provided.

Scientific Evidence In The Age Of Daubert: A Proposal For A Dual Standard Of Admissibility In Civil And Criminal Cases , William P. Haney Iii

Pepperdine Law Review

No abstract provided.

Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling

Pepperdine Law Review

No abstract provided.

The Litigation Finance Contract, Maya Steinitz

Faculty Scholarship

Litigation funding-for-profit, nonrecourse funding of a litigation by a nonparty-is a new and rapidly developing industry. It has been described as one of the "biggest and most influential trends in civil justice" today by RAND, the New York Times, and others. Despite the importance and growth of the industry, there is a complete absence of information about or discussion of litigation finance contracting, even though all the promises and pitfalls of litigation funding stem from the relationships those contracts establish and organize. Further, the literature and case law pertaining to litigation funding have evolved from an analogy between litigation funding …

Populism, Politics, And Procedure: The Saga Of Summary Judgment And The Rulemaking Process In California, Glenn S. Koppel

Pepperdine Law Review

The California Constitution gives the primary power to promulgate rules of civil procedure for the state courts to the legislature and the people, leaving the state’s Judicial Council with residual, or secondary, authority to adopt rules of procedure and court administration “when and where the higher authority of the Legislature and the people has not been exercised.” This Article demonstrates how this legislative rulemaking process, referred to herein as “legislative primacy,” does not work because, as of the writing of this article in 1997, it produced ineffective statutory summary judgment law.

Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet

Pepperdine Law Review

No abstract provided.

Arbitration And Reform In Private Securities Litigation: Dealing With The Meritorious As Well As The Frivolous, Steven A. Ramirez

Steven A. Ramirez

No abstract provided.

The Case For 'Expanding' The Abstention Doctrine To Account For The Laws And Policies Of The American Indian Tribes, Jay Kanassatega

Jay Kanassatega

The origination and evolution of the abstention doctrine illustrates how the United States Supreme Court has created a workable balance of concurrent federal-state judicial power in circumstances where state law and state policies predominated and accommodated vital federal policy interests. Acknowledging the recent debate among scholars and commentators as to the wisdom of the abstention doctrine, this article advocates in favor of the creation of another application of the doctrine — one that acknowledges both the sovereignty of the American Indian tribes and their democratic governments and the inherent conflict arising from three sovereigns exercising concurrent jurisdiction over the same …

Show Me The Money: Mcclurg V. Deaton And The Introduction Of A Defense As To Damages Only For Default Judgments In South Carolina, Jessica L. O'Neil

South Carolina Law Review

No abstract provided.

Ashcroft V. Iqbal: Contempt For Rules, Statutes, The Constitution, And Elemental Fairness, Steve Subrin

Nevada Law Journal

No abstract provided.

Carnival Cruise Lines, Inc. V. Shute: The Titanic Of Worst Decisions, Linda S. Mullenix

Nevada Law Journal

No abstract provided.

Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

No Glue Stocked On Aisle 23: Wal-Mart Stores, Inc. V. Dukes Deals A Death Blow To Title Vii Class Actions, Matthew Costello

Matthew Costello

After almost ten years, Wal-Mart Stores, Inc. v. Dukes ended before it began. In a 5-4 decision (split among ideological lines), the U.S. Supreme Court decertified the Dukes class from the starting gate, ending the country’s largest employment discrimination class-action lawsuit against the country’s largest corporation. In the months following the Court's controversial decision, lawyers and academics have been scrambling to assess the impact of the case on procedural class action and substantive discrimination law. This Note posits that Dukes misapplied procedural class action law and seemingly overturned well-settled employment discrimination precedent. As a result, the Court’s imprudent decision will …

Mcintyre In Context: A Very Personal Perspective, Arthur R. Miller

South Carolina Law Review

No abstract provided.

Modern Odysseus Or Classic Fraud - Fourteen Years In Prison For Civil Contempt Without A Jury Trial, Judicial Power Without Limitation, And An Examination Of The Failure Of Due Process, Mitchell J. Frank

Faculty Scholarship

No abstract provided.

Goodyear Dunlop Tires Operations, S.A. V. Brown (And J. Mcintyre Machinery, Ltd. V. Nicastro), William M. Janssen

William M. Janssen

This chapter discusses the U.S. Supreme Court's two personal jurisdiction decisions from June 2011, and assesses their impact in drug and device litigation.

Standing Of Intervenor-Defendants In Public Law Litigation, Matthew I. Hall

Scholarly Works

Unless the plaintiff has a personal stake in the outcome, Article III of the United States Constitution requires federal courts to dismiss a plaintiff’s claim for lack of standing. That much is clearly established by decades of precedent. Less understood, however, is the degree to which Article III also requires defendants to possess a personal stake. The significance of defendant standing often goes unnoticed in case law and scholarship, because the standing of the defendant in most lawsuits is readily apparent:any defendant against whom the plaintiff seeks a remedy has a personal interest in defending against the plaintiff’s claim.

But …

A Reflection On American Justice At A Crossroads: A Public And Private Crisis, Maureen A. Weston

Pepperdine Dispute Resolution Law Journal

In April, 2010, a prominent group of judges, attorneys, academics, private dispute resolution professionals, and policymakers gathered to reflect upon the current state and future of the American justice system. A symposium entitled American Justice at a Crossroads: A Public and Private Crisis was held at Pepperdine University School of Law under the joint sponsorship of the Straus Institute for Dispute Resolution, the Pepperdine Dispute Resolution Law Journal, and the International Institute for Conflict Prevention and Resolution (CPR Institute). This special symposium edition of the Journal is comprised of select papers and speeches presented at that event and provide thoughtful …

Economical Litigation Agreements: The "Civil Litigation Prenup" Need, Basis, And Enforceability , Daniel B. Winslow, Alexandra Bedell-Healy

Pepperdine Dispute Resolution Law Journal

This article identifies the basis and limits of the parties' abilities to define and enforce discovery in an ex ante contract. Despite the deficiencies of litigation, the free, public dispute resolution forum of the civil justice system provides significant value in commercial disputes. That value can be used to maximum mutual advantage only if parties replace the infinite discovery permitted in conventional litigation with the finite discovery contracted in Economical Litigation Agreement (ELA) litigation. This article will help parties to understand the benefit and enforceability of the ELA.

Getting To Yes In Specialized Courts: The Unique Role Of Adr In Business Court Cases, Bejamin F. Tennille, Lee Applebaum, Anne Tucker Nees

Pepperdine Dispute Resolution Law Journal

The assumed compatibility between ADR and specialized courts is largely unexamined. Without being able to statistically validate the motivations and preferences of individual disputants in a manner to draw generalized conclusions, this article examines the relationship between ADR and specialized business courts by looking at how the two are structurally intertwined through existing procedural rules and implementation practices. Part I of this article describes the foundational structures and concepts behind both ADR and specialized business courts, as well as the similarities and differences between them. Part II explores the existing formal structural relationship between ADR and specialized courts by examining …

Keynote Address: Civil Justice At A Crossroads , Rebecca Love Kourlis

Pepperdine Dispute Resolution Law Journal

I really do believe that, as your title suggests, the civil justice system is at a crossroads and that, as a result, we all have new opportunities and old responsibilities. Four years ago, concerns about skyrocketing costs, unprofessional gamesmanship, and long delays in civil litigation were the stuff of grousing and shoulder shrugs. We all had a level of fatalism or cynicism about our inability to change any of those factors. Now, that is not true. There is a window of opportunity that has opened-a convergence of various forces resulting in a willingness of decision-makers to consider change. As a …

The Impact Of The Civil Jury On American Tort Law, Michael D. Green

Pepperdine Law Review

This article, a contribution to a symposium on the what American tort law can contribute to the rest of the world expresses skepticism that a considerable swath of U.S. tort law would be of interest to the rest of the world. The thesis is that American tort law has been shaped by the existence of the civil jury, unique to the U.S, and areas of domestic tort law so influenced have no utility internationally. The article catalogues many such areas and discusses several of them.

From “Cases” To “Litigation” To “Contract”: A Comment On Stability In Civil Procedure, David Marcus

Saint Louis University Law Journal

No abstract provided.

Changes In The European Union's Regime Of Recognizing And Enforcing Judgments And Transnational Litigation In The United States, Samuel P. Baumgartner

Akron Law Faculty Publications

The European Commission has proposed to amend (recast) the Brussels I Regulation, which governs jurisdiction to adjudicate, parallel proceedings, and judgments recognition within the European Union. Although much of the Brussels I Regulation is simply the 1968 Brussels Convention cast into European Union legislation, the proposed amendments are part of a deeper set of structural and conceptual changes in the law of transnational litigation within the Union over the past couple of decades. Understanding these changes is essential to understanding what drives the proposed amendments and what is likely to follow.

In this paper – presented at the symposium Our …

Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera

Faculty Scholarship

No abstract provided.

Changes In The European Union's Regime Of Recognizing And Enforcing Judgments And Transnational Litigation In The United States, Samuel P. Baumgartner

Samuel P. Baumgartner

The European Commission has proposed to amend (recast) the Brussels I Regulation, which governs jurisdiction to adjudicate, parallel proceedings, and judgments recognition within the European Union. Although much of the Brussels I Regulation is simply the 1968 Brussels Convention cast into European Union legislation, the proposed amendments are part of a deeper set of structural and conceptual changes in the law of transnational litigation within the Union over the past couple of decades. Understanding these changes is essential to understanding what drives the proposed amendments and what is likely to follow.

In this paper – presented at the symposium Our …