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Full-Text Articles in Law
Trouble Counting To Three: Circuit Splits And Confusion In Interpreting The Prison Litigation Reform Act's Three Strikes Rule, 28 U.S.C. Sec. 1915(G), Molly Guptill Manning
Trouble Counting To Three: Circuit Splits And Confusion In Interpreting The Prison Litigation Reform Act's Three Strikes Rule, 28 U.S.C. Sec. 1915(G), Molly Guptill Manning
Articles & Chapters
No abstract provided.
“Dealing With The Appellate Caseload Crisis”: The Report Of The Federal Courts Study Committee Revisited, Roger J. Miner
“Dealing With The Appellate Caseload Crisis”: The Report Of The Federal Courts Study Committee Revisited, Roger J. Miner
NYLS Law Review
No abstract provided.
Hybrid Class Actions, Dual Certification, And Wage Law Enforcement In The Federal Courts, Andrew Brunsden
Hybrid Class Actions, Dual Certification, And Wage Law Enforcement In The Federal Courts, Andrew Brunsden
Articles & Chapters
Hybrid wage-and-hour class actions, which combine a Fair Labor Standards Act ("FLSA ') opt-in collective action and a Federal Rule of Civil Procedure Rule 23 opt-out class action in a single civil action, demonstrate the unusual interplay of opt-in and opt-out rules. The hybrid class action, and its viability as a mechanism for wage law enforcement, raises fundamental questions as to who participates in lawsuits, how we should hold employers accountable for wage-and-hour noncompliance, and the role of the federal courts in enforcing public rights. An opt-in rule tends to produce low participation rates, while an opt-out rule tends to …
Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56
Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56
Constitutional Law
No abstract provided.
Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger
Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger
Articles & Chapters
This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …