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Full-Text Articles in Law
An Appellate Solution To Nationwide Injunctions, Sam Heavenrich
An Appellate Solution To Nationwide Injunctions, Sam Heavenrich
Indiana Law Journal
District courts have issued an unprecedented number of nationwide injunctions during the Obama and Trump administrations, provoking criticism from the Supreme Court. This Article proposes a change to the Federal Rules of Civil Procedure that addresses the Justices’ concerns without taking the drastic step of eliminating nationwide injunctions entirely. Specifically, this Article recommends amending Rule 65 to allow only the appellate courts to issue injunctive relief that extends beyond the plaintiffs in cases challenging a federal law or policy. In addition to the proposed Rule change, this Article offers a categorization framework for existing proposals addressing nationwide injunctions, classifying them …
Rethinking Standards Of Appellate Review, Adam Steinman
Rethinking Standards Of Appellate Review, Adam Steinman
Indiana Law Journal
Every appellate decision typically begins with the standard of appellate review. The Supreme Court has shown considerable interest in selecting the standard of appellate review for particular issues, frequently granting certiorari in order to decide whether de novo or deferential review governs certain trial court rulings. This Article critiques the Court's framework for making this choice and questions the desirability of assigning distinct standards of appellate review on an issue-by-issue basis. Rather, the core functions of appellate courts are better served by a single template for review that dispenses with the recurring uncertainty over which standard governs which trial court …
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
The 1993 Revision Of Federal Rule 11, Carl Tobias
The 1993 Revision Of Federal Rule 11, Carl Tobias
Indiana Law Journal
No abstract provided.
Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve
Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve
Indiana Law Journal
No abstract provided.
Adjudicatory Jurisdiction And Class Actions, Diane P. Wood
Adjudicatory Jurisdiction And Class Actions, Diane P. Wood
Indiana Law Journal
No abstract provided.
Rethinking The Class Action: A Policy Primer On Reform, John C. Coffee Jr.
Rethinking The Class Action: A Policy Primer On Reform, John C. Coffee Jr.
Indiana Law Journal
No abstract provided.
Federal Rule Of Civil Procedure 71a(H) Land Commissions: The First Fifteen Years, Julian Conrad Juergensmeyer
Federal Rule Of Civil Procedure 71a(H) Land Commissions: The First Fifteen Years, Julian Conrad Juergensmeyer
Indiana Law Journal
No abstract provided.
States' Rights And Federal Procedure, Bernard C. Gavit
States' Rights And Federal Procedure, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
Rules For Civil Procedure In The United States District Courts: Pre-Trial Procedure, Albert H. Cole
Rules For Civil Procedure In The United States District Courts: Pre-Trial Procedure, Albert H. Cole
Indiana Law Journal
No abstract provided.
New Rules Of The Supreme Court, Bernard C. Gavit
New Rules Of The Supreme Court, Bernard C. Gavit
Indiana Law Journal
No abstract provided.