Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Procedure (14)
- Comparative and Foreign Law (3)
- Jurisprudence (3)
- Litigation (3)
- Arts and Humanities (2)
-
- Civil Rights and Discrimination (2)
- Common Law (2)
- Constitutional Law (2)
- Courts (2)
- Intellectual Property Law (2)
- Judges (2)
- Jurisdiction (2)
- Legal History (2)
- President/Executive Department (2)
- Administrative Law (1)
- Bankruptcy Law (1)
- Civil Law (1)
- Conflict of Laws (1)
- Diseases (1)
- Law and Society (1)
- Legal Education (1)
- Legal Profession (1)
- Legislation (1)
- Medicine and Health Sciences (1)
- Rhetoric (1)
- Rhetoric and Composition (1)
- State and Local Government Law (1)
- Supreme Court of the United States (1)
- Television (1)
- Institution
-
- Georgetown University Law Center (2)
- Louisiana State University Law Center (2)
- University of Colorado Law School (2)
- American University Washington College of Law (1)
- Columbia Law School (1)
-
- Duquesne University (1)
- Florida International University College of Law (1)
- George Washington University Law School (1)
- SJ Quinney College of Law, University of Utah (1)
- Schulich School of Law, Dalhousie University (1)
- St. John's University School of Law (1)
- St. Mary's University (1)
- Texas A&M University School of Law (1)
- University of Georgia School of Law (1)
- University of South Carolina (1)
- William & Mary Law School (1)
- Publication
-
- Faculty Scholarship (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Publications (2)
- Dalhousie Law Journal (1)
- FIU Law Review (1)
-
- Faculty Articles (1)
- Faculty Publications (1)
- GW Law Faculty Publications & Other Works (1)
- Journal of Civil Law Studies (1)
- Law Faculty Publications (1)
- Law School Personal Reflections on COVID-19 (1)
- Louisiana Law Review (1)
- Scholarly Works (1)
- St. John's Law Review (1)
- Utah Law Faculty Scholarship (1)
- Working Papers (1)
- Publication Type
Articles 1 - 19 of 19
Full-Text Articles in Law
Boothe V. Dotd, Jacque P. Biggs
A Louisiana Theory Of Juridical Acts, Nikolaos A. Davrados
A Louisiana Theory Of Juridical Acts, Nikolaos A. Davrados
Louisiana Law Review
The article examines the concept of juridical act from both a comparative and Louisiana law perspective to establish the validity of the general theory of juridical acts and to determine the useful components drawn from each system.
Professor Aaron-Andrew Bruhl: Reflections On The Fall 2020 Semester, Aaron-Andrew P. Bruhl
Professor Aaron-Andrew Bruhl: Reflections On The Fall 2020 Semester, Aaron-Andrew P. Bruhl
Law School Personal Reflections on COVID-19
No abstract provided.
Federal Judge Seeks Patent Cases, Jonas Anderson, Paul Gugliuzza
Federal Judge Seeks Patent Cases, Jonas Anderson, Paul Gugliuzza
Working Papers
Imagine the following advertisement popping up on Craigslist: "FEDERAL JUDGE SEEKS PATENT CASES! (Waco) — Former patent litigator, recently appointed to the U.S. District Court for the Western District of Texas, longs for the intellectual challenge of a good patent fight. Can promise special procedural rules, efficient discovery, and speedy trials. Dismissal, stay, or transfer of case extremely unlikely. File in Waco and get the patent court you've always dreamed of!"That probably seems bizarre. Still — and startlingly — it accurately portrays what’s happening right now in the Western District of Texas. One judge, appointed to the court less than …
Covid, Crisis And Courts, Anna E. Carpenter, Colleen F. Shanahan, Alyx Mark, Jessica Steinberg
Covid, Crisis And Courts, Anna E. Carpenter, Colleen F. Shanahan, Alyx Mark, Jessica Steinberg
Utah Law Faculty Scholarship
Our country is in crisis. The inequality and oppression that lies deep in the roots and is woven in the branches of our lives has been laid bare by a virus. Relentless state violence against Black people has pushed protestors to the streets. We hope that the legislative and executive branches will respond with policy change for those who struggle the most among us: rental assistance, affordable housing, quality public education, comprehensive health and mental health care. We fear that the crisis will fade, and we will return to more of the same. Whatever lies on the other side of …
Civil Procedure As A Critical Discussion, Susan Provenzano, Brian N. Larson
Civil Procedure As A Critical Discussion, Susan Provenzano, Brian N. Larson
Faculty Scholarship
This Article develops a model for analyzing legal dispute resolution systems as systems for argumentation. Our model meshes two theories of argument conceived centuries apart: contemporary argumentation theory and classical stasis theory. In this Article, we apply the model to the Federal Rules of Civil Procedure as a proof of concept. Specifically, the model analyzes how the Federal Rules of Civil Procedure function as a staged argumentative critical discussion designed to permit judge and jury to rationally resolve litigants’ differences in a reasonable manner. At a high level, this critical discussion has three phases: a confrontation, an (extended) opening, and …
Extraterritoriality As Choice Of Law, Carlos Manuel Vázquez
Extraterritoriality As Choice Of Law, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
The proper treatment of provisions that specify the extraterritorial scope of statutes has long been a matter of controversy in Conflict of Laws scholarship. This issue is a matter of considerable contemporary interest because the Third Restatement of Conflict of Laws proposes to address such provisions in a way that diverges from how they were treated in the Second Restatement. The Second Restatement treats such provisions—which I call geographic scope limitations—as choice-of-law rules, meaning, inter alia, that the courts will ordinarily disregard them when the forum’s choice-of-law rules or a contractual choice-of-law clause selects the law of a state as …
The Parable Of The Forms, Samuel L. Bray
The Parable Of The Forms, Samuel L. Bray
St. John's Law Review
(Excerpt)
It might be good for each department to have its own form, or it might be better to have one form for the whole campus. That is an open question. It depends on how different the repair requests are in different departments, and on the value of specialization. It depends on whether we want some complexity about the choice of forms or if we want radical simplicity about the number of forms, with all of the complexity residing within a single form.
So, too, it might be good to have different forms of action. That way, everyone knows upfront …
Rethinking The Conflicts Revolution In Personal Jurisdiction, Jesse M. Cross
Rethinking The Conflicts Revolution In Personal Jurisdiction, Jesse M. Cross
Faculty Publications
It is widely acknowledged that, from roughly 1940 to 1970, a revolution occurred in Conflicts of Law. Referred to as the “Conflicts revolution,” this movement remade nearly every legal test in the field. According to conventional wisdom, this revolution rejected the same idea in each instance: namely, that Conflicts tests should be grounded in a theory of sovereignty. Instead, the argument goes, it pivoted the field to pragmatic tests that focus on practicality, fairness, and convenience.
As this Article explains, this conventional wisdom is incorrect. It misunderstands the intellectual revolution that remade the field, and it has generated needless confusion …
Machine Learning And The New Civil Procedure, Zoe Niesel
Machine Learning And The New Civil Procedure, Zoe Niesel
Faculty Articles
There is an increasing emphasis in the legal academy, the media, and the popular consciousness on how artificial intelligence and machine learning will change the foundations of legal practice. In concert with these discussions, a critical question needs to be explored-As computer programming learns to adjust itself without explicit human involvement, does machine learning impact the procedural practice of law? Civil procedure, while sensitive to technology, has been slow to adapt to change. As such, this Article will explore the impact that machine learning will have on procedural jurisprudence in two significant areas-service of process and personal jurisdiction.
The Article …
Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux
Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux
Publications
No abstract provided.
The Guardian Trustee In Bankruptcy Courts And Beyond, Lindsey Simon
The Guardian Trustee In Bankruptcy Courts And Beyond, Lindsey Simon
Scholarly Works
Litigation systems create dangers of unfairness. Citizens worry, and should worry, about exploitive settlements in aggregate litigation, potential biases in administrative proceedings, and troubling power imbalances in criminal trials. Public confidence in adjudicative processes has eroded to an all-time low. This Article explores the untapped potential of adding independent watchdog entities to address systemic threats to the integrity of government decisionmaking. These entities, which I call “guardian trustees,” do not fit within the traditional framework of our adversary system. Though guardian trustees already operate in bankruptcy proceedings, they have thus far received little attention in scholarly literature. This Article begins …
Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux
Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux
Publications
This Foreword is to the 27th Annual Ira C. Rothgerber Jr. Conference, National Injunctions: What Does the Future Hold?, which was hosted by The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado Law School, on Apr. 5, 2019.
Covid, Crisis And Courts, Colleen F. Shanahan, Alyx Mark, Jessica K. Steinberg, Anna E. Carpenter
Covid, Crisis And Courts, Colleen F. Shanahan, Alyx Mark, Jessica K. Steinberg, Anna E. Carpenter
GW Law Faculty Publications & Other Works
Our country is in crisis. The inequality and oppression that lies deep in the roots and is woven in the branches of our lives has been laid bare by a virus. Relentless state violence against black people has pushed protestors to the streets. We hope that the legislative and executive branches will respond with policy change for those who struggle the most among us: rental assistance, affordable housing, quality public education, comprehensive health and mental health care. We fear that the crisis will fade and we will return to more of the same. Whatever lies on the other side of …
Conceptualizing Appealability: Resisting The Supreme Court's Categorical Imperative, Richard L. Heppner Jr.
Conceptualizing Appealability: Resisting The Supreme Court's Categorical Imperative, Richard L. Heppner Jr.
Law Faculty Publications
This paper draws on insights from cognitive psychology to understand how courts conceive of categories of orders. Cognitive psychologists have shown that people understand the world using not only "classical categories" based on logical definitions, but also "conceptual categories" based on fuzzier, intuitive concepts of similarity and typicality. This paper approaches appealability as a two-step process-first, categorizing the order and, second, applying the appropriate doctrine. Previous interventions have focused on whether different doctrines use rules or standards at the second step. This paper focuses on the initial categorization step.
This paper makes two contributions to the study of federal appealability. …
Litigating Against The Artificially Intelligent Infringer, Yvette Joy Liebesman, Julie Cromer Young
Litigating Against The Artificially Intelligent Infringer, Yvette Joy Liebesman, Julie Cromer Young
FIU Law Review
No abstract provided.
Choice Of Law As Extraterritoriality, Carlos Manuel Vázquez
Choice Of Law As Extraterritoriality, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
This contribution to Resolving Conflicts on the Law: Essays in Honour of Lea Brilmayer (published under the title Choice of Law as Geographic Scope Limitation) argues that the choice-of-law question commonly addressed by state and foreign courts is conceptually identical to the question addressed by federal courts in determining whether a federal statute applies to a dispute having foreign elements. The latter question is clearly understood today to relate to the statute’s territorial scope. State courts have long conceptualized the choice-of-law question in the same way. Faced with a state statute addressing the issue before it and phrased in …
Searching For A Summary Judgment Equivalent In Quebec Procedural Law, Kathleen Hammond
Searching For A Summary Judgment Equivalent In Quebec Procedural Law, Kathleen Hammond
Dalhousie Law Journal
The summary judgment is a procedural mechanism that is meant to improve the efficiency of civil litigation by allowing a judgment to be delivered in a summary way, and without the need for a full trial. It is seen as an important tool for dealing with the growing problem of access to justice in Canada. Reform to Ontario’s summary judgment rules in 2010, and a liberal interpretation of the Ontario rules in the case of Hryniak v Mauldin, 2014, have led to a greater reliance by parties on summary judgment motions in Ontario. This trend is also apparent in other …
Covid, Crisis And Courts, Colleen F. Shanahan, Alyx Mark, Jessica K. Steinberg, Anna E. Carpenter
Covid, Crisis And Courts, Colleen F. Shanahan, Alyx Mark, Jessica K. Steinberg, Anna E. Carpenter
Faculty Scholarship
Our country is in crisis. The inequality and oppression that lies deep in the roots and is woven in the branches of our lives has been laid bare by a virus. Relentless state violence against black people has pushed protestors to the streets. We hope that the legislative and executive branches will respond with policy change for those who struggle the most among us: rental assistance, affordable housing, quality public education, comprehensive health and mental health care. We fear that the crisis will fade and we will return to more of the same. Whatever lies on the other side of …