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Full-Text Articles in Law
Post-Verdict Motion Practice After Fuesting V. Zimmer, Christopher Proesel
Post-Verdict Motion Practice After Fuesting V. Zimmer, Christopher Proesel
Seventh Circuit Review
After Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc., a court of appeals has no power to order either the entry of judgment for an appellant or a new trial based on the legal sufficiency of the evidence where that appellant failed to move for such an order pursuant to the Federal Rules of Civil Procedure after the civil jury returned a verdict for the appellee. According to the Seventh Circuit in Fuesting v. Zimmer, this rule does not affect its ability to order a new trial where it finds prejudicial error in the trial court’s erroneous admission of …
A Modest Proposal: Recognizing (At Last) That The Federal Rules Do Not Declare That Discovery Is Presumptively Public, Richard L. Marcus
A Modest Proposal: Recognizing (At Last) That The Federal Rules Do Not Declare That Discovery Is Presumptively Public, Richard L. Marcus
Chicago-Kent Law Review
The adoption of the Federal Rules of Civil Procedure worked a revolution in American litigation by introducing broad party-controlled discovery. The framers of those Rules intended broad discovery to facilitate decisions on the merits, and their revolution served as a catalyst for many types of claims in American courts. American discovery also became anathema in the rest of the world, which saw it as too great a cost to pay for better or more accurate litigation results. As American discovery hit full stride in the 1970s, nonparties began to argue that the Federal Rules made all material turned over in …
Uncovering, Disclosing, And Discovering How The Public Dimensions Of Court-Based Processes Are At Risk, Judith Resnik
Uncovering, Disclosing, And Discovering How The Public Dimensions Of Court-Based Processes Are At Risk, Judith Resnik
Chicago-Kent Law Review
In this essay—considering "privacy" and "secrecy" in courts—I first offer a brief history of the public performance, through adjudication, of the power of rulers, who relied on open rituals of judgment and punishment to make and maintain law and order. Second, I turn to consider why, during the twentieth century, the federal courts became an unusually good source of information about legal, political, and social conflict. Third, I map how, despite new information technologies, knowledge about conflicts and their resolution is being limited by the devolution of court authority to agencies, by the outsourcing of decisions to private providers, and …
Secrecy In Context: The Shadowy Life Of Civil Rights Litigation, Minna J. Kotkin
Secrecy In Context: The Shadowy Life Of Civil Rights Litigation, Minna J. Kotkin
Chicago-Kent Law Review
This article explores how secrecy has come to pervade employment discrimination litigation as a consequence of procedural and substantive changes in the law over the last twenty-five years. In contrast to products liability and toxic tort claims, where secrecy can endanger the public health and safety, secrecy in the discrimination context has a less dramatic impact and thus, has attracted little attention. But when very few discrimination claims end in a public finding of liability, there is a significant cumulative effect, creating the appearance that workplace bias is largely a thing of the past. The trend towards secrecy can be …
The Hunt For Sealed Settlement Agreements, Robert Timothy Reagan
The Hunt For Sealed Settlement Agreements, Robert Timothy Reagan
Chicago-Kent Law Review
When a United States senator asked the federal judiciary to look into sealed settlement agreements, the Civil Rules Advisory Committee asked the Federal Judicial Center to undertake a research effort to discover how often settlement agreements are sealed in federal court and under what circumstances. The Center learned that the sealing of settlement agreements in federal court is rare, and typically the only part of the court record kept secret by the sealing of a settlement agreement is the amount of settlement. This article describes how the Center developed its re- search project to address the senator's concerns. The article …