Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (189)
- Universitas Indonesia (121)
- University of Michigan Law School (49)
- Roger Williams University (24)
- Touro University Jacob D. Fuchsberg Law Center (12)
-
- Maurer School of Law: Indiana University (9)
- Penn State Dickinson Law (9)
- Pepperdine University (8)
- University of Richmond (8)
- West Virginia University (8)
- University of Colorado Law School (7)
- Villanova University Charles Widger School of Law (7)
- Fordham Law School (6)
- Northwestern Pritzker School of Law (6)
- UIC School of Law (6)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- St. Mary's University (5)
- New York Law School (4)
- St. John's University School of Law (4)
- Washington and Lee University School of Law (4)
- Brooklyn Law School (3)
- University of Georgia School of Law (3)
- University of Missouri-Kansas City School of Law (3)
- University of the Pacific (3)
- American University Washington College of Law (2)
- Brigham Young University Law School (2)
- Claremont Colleges (2)
- Florida International University College of Law (2)
- Loyola Marymount University and Loyola Law School (2)
- Notre Dame Law School (2)
- Keyword
-
- Federal Rules of Civil Procedure (24)
- Privacy (24)
- Statute (23)
- Law (21)
- Minutes (21)
-
- Legislation (20)
- APRA (19)
- Findings (18)
- Guidelines (16)
- Quorum (16)
- Civil procedure (15)
- Law reform (15)
- Advisory (14)
- Procedures (14)
- Executive (13)
- Litigation (13)
- Opinions (13)
- Remedies (13)
- Agenda (12)
- Congress (12)
- Enforcement (12)
- Regulations (12)
- Request (12)
- Class actions (11)
- Disclosure (11)
- Rules (10)
- Session (10)
- Training (10)
- United States Supreme Court (10)
- Violation (10)
- Publication Year
- Publication
-
- Seattle University Law Review (189)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Michigan Law Review (24)
- School of Law Conferences, Lectures & Events (21)
- Articles (13)
-
- Touro Law Review (12)
- University of Michigan Journal of Law Reform (11)
- Dickinson Law Review (2017-Present) (9)
- West Virginia Law Review (8)
- Pepperdine Law Review (7)
- Publications (7)
- University of Richmond Law Review (7)
- Fordham Law Review (6)
- UIC Law Review (6)
- Articles by Maurer Faculty (5)
- Scholarly Works (5)
- Villanova Environmental Law Journal (1991 - ) (5)
- Faculty Publications (4)
- Indiana Law Journal (4)
- Northwestern University Law Review (4)
- All Faculty Scholarship (3)
- Faculty Scholarship (3)
- Georgia Journal of International & Comparative Law (3)
- McGeorge Law Review (3)
- NYLS Law Review (3)
- Roger Williams University Law Review (3)
- St. Mary's Law Journal (3)
- BYU Law Review (2)
- Buffalo Law Review (2)
- Faculty Works (2)
- Publication Type
Articles 421 - 450 of 550
Full-Text Articles in Civil Procedure
Ed Cooper, Rule 56, And Charles E. Clark's Fountain Of Youth, Steven S. Gensler
Ed Cooper, Rule 56, And Charles E. Clark's Fountain Of Youth, Steven S. Gensler
University of Michigan Journal of Law Reform
Nobody had a greater impact on the formulation of the original Civil Rules than Clark. His role as both the principal architect2 and the principal draftsman3 of the Civil Rules is well known. As Professor Wright once put it, although the Civil Rules were a joint effort, "the end product bears the unmistakable Clark stamp."4 But Clark started shaping the Civil Rules even before drafting began.5 Initially, Chief Justice Hughes thought the civil rules project should be limited to creating rules for actions at law (leaving in place-and separate-the existing equity rules).6 A passionate advocate for merging law and equity …
Iron Man Of The Rules, Patrick E. Higginbotham
Iron Man Of The Rules, Patrick E. Higginbotham
University of Michigan Journal of Law Reform
To grasp Professor Cooper's contribution to rulemaking, it is helpful to review issues that the Advisory Committee confronted during his tenure. I will focus on the first four of his twenty years of service.
Some Very Personal Reflections On The Rules, Rulemaking, And Reporters, Arthur R. Miller
Some Very Personal Reflections On The Rules, Rulemaking, And Reporters, Arthur R. Miller
University of Michigan Journal of Law Reform
My entry into the world of federal rulemaking was one of those unpredictable but welcome fortuities of life. In early 1961, more than a half century ago, I was a happy and progressing associate in a prominent medium-sized, Wall Street, New York City law firm. Columbia Law School approached me to be the Associate Director of its newly formed Project on International Procedure. They dangled several attractive incentives: I could try my hand at teaching some civil procedure; hobnob with the giants of the Columbia faculty, like Herb Wechsler, Walter Gellhorn, Maury Rosenberg, and Jack Weinstein; and take my first …
Where Corporations Are: Why Casual Visits To New York Are Bad For Business, Jeanne L. Schroeder, David G. Carlson
Where Corporations Are: Why Casual Visits To New York Are Bad For Business, Jeanne L. Schroeder, David G. Carlson
Articles
In this article, we examine the recent case of Hotel 71 Mezz Lender LLC v. Falor (2010), from the New York Court of Appeals. In this case, New York’s highest court held that LLCs are “present” in New York for jurisdictional purposes when the president of the LLC has submitted to New York jurisdiction in an unrelated law suit against him personally, and where the president came to New York for a deposition in that action. This, we claim, was unconstitutional. In addition, the New York Court of Appeals pronounced itself obliged by the United States Constitution to change the …
Shoes That Did Not Drop, Richard Marcus
Shoes That Did Not Drop, Richard Marcus
University of Michigan Journal of Law Reform
I take "Shoes That Did Not Drop"' as my topic because I appreciate, by now, that what the Advisory Committee on Civil Rules does not do is, in some ways, as important as what it does. Similarly, the decision not to do something is equally important as, and may be more difficult than, the decision to do something. It may sometimes seem that amending the Rules is too easy. Greg Joseph once said that they are amended as often as the telephone book. Some even think that it was a mistake to create a Rules Committee.3 These reactions are overstated, …
Professor Ed Cooper: Zen Minimalist, Linda S. Mullenix
Professor Ed Cooper: Zen Minimalist, Linda S. Mullenix
University of Michigan Journal of Law Reform
In celebration of his twentieth year as the Reporter for the Advisory Committee on Civil Rules, I write to contribute some modest reflections on Professor Cooper's tenure as Advisory Committee Reporter. My comments are those of an academic who had the opportunity to observe the Advisory Committee for nearly a decade, but they are largely the comments of an outsider. Readers might be disappointed to find that there is no dish or inside baseball here.
Standing To Sue A Carrier's Killers , Davis J. Howard
Standing To Sue A Carrier's Killers , Davis J. Howard
Pepperdine Law Review
No abstract provided.
Confusion And Unpredictability In Shareholder Derivative Litigation: The Delaware Courts' Response To Recent Corporate Scandals, Ann M. Scarlett
Confusion And Unpredictability In Shareholder Derivative Litigation: The Delaware Courts' Response To Recent Corporate Scandals, Ann M. Scarlett
Florida Law Review
The Delaware courts responded to the recent wave of corporate scandals, exemplified by Enron and WorldCom, by changing their approach to shareholder derivative litigation. This Article analyzes the Delaware courts’ response to these scandals and concludes that the courts have created doctrinal confusion and introduced unpredictability into derivative litigation. This Article also analyzes the future negative consequences for shareholders, corporations, directors, investors, and other litigants. Finally, this Article proposes improvements for derivative litigation that may alleviate the confusion and unpredictability created by the Delaware courts’ response to the recent scandals
The New Uniform Statute Of Limitations For Federal Securities Fraud Actions: Its Evolution, Its Impact, And A Call For Reform, Anthony Michael Sabino
The New Uniform Statute Of Limitations For Federal Securities Fraud Actions: Its Evolution, Its Impact, And A Call For Reform, Anthony Michael Sabino
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
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.
Statutory Genres: Substance, Procedure, Jurisdiction, Karen Petroski
Statutory Genres: Substance, Procedure, Jurisdiction, Karen Petroski
All Faculty Scholarship
To decide many cases, courts need to characterize some of the legal rules involved, placing each one in a specific doctrinal category to identify the rule’s effect on the litigation. The consequences of characterization decisions can be profound, but the grounds for making and justifying them are often left unstated. This Article offers the first systematic comparison of two important types of legal characterization: the distinction between substantive and procedural rules or statutes, a distinction federal courts make in several contexts; and the distinction between jurisdictional and nonjurisdictional rules, especially those relating to litigation filing requirements. The Article explains the …
Determining The Proper Pleading Standard Under The Private Securities Litigation Reform Act Of 1995 After In Re Silicon Graphics , Erin Brady
Pepperdine Law Review
No abstract provided.
14th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2012, Department Of Attorney General, State Of Rhode Island
14th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2012, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Waiving Rights Goodbye: Class Action Waivers In Arbitration Agreements After Stolt-Nielsen V. Animalfeeds International , Diana M. Link, Richard A. Bales
Waiving Rights Goodbye: Class Action Waivers In Arbitration Agreements After Stolt-Nielsen V. Animalfeeds International , Diana M. Link, Richard A. Bales
Pepperdine Dispute Resolution Law Journal
This article first argues that to determine the enforceability of a class action waiver, courts should take a "totality of the circumstances" approach rather than adopting a bright-line rule. A set of defined factors that also allows courts to consider real-world issues facing litigants will provide a substantial framework for courts to interpret this area of the law and will lead to more consistent and well-reasoned outcomes in the future. These factors include: the probable size of each class member's individual recovery, the potential for retaliation against class members, the awareness of potential class members that their rights have been …
Shielding Hippocrates: Nevada's Expanded Pleading Standard For Medical Malpractice Actions And The Need For Legislative Reform, Justin Shiroff
Shielding Hippocrates: Nevada's Expanded Pleading Standard For Medical Malpractice Actions And The Need For Legislative Reform, Justin Shiroff
Nevada Law Journal
No abstract provided.
13th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2011, Department Of Attorney General, State Of Rhode Island
13th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2011, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Federal Register 2.0: Public Participation In The Twenty-First Century, Lauren R. Dudley
Federal Register 2.0: Public Participation In The Twenty-First Century, Lauren R. Dudley
Legislation and Policy Brief
On July 26, 2010, the Office of the Federal Register and the Government Printing Office (GPO) launched “Federal Register 2.0,” a web version of the daily Federal Register. As of now, the site is only a prototype; therefore, “Federal Register 2.0” is not yet an official legal edition of the Federal Register, and it will not become official until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting “Federal Register 2.0” official legal status. Once “Federal Register 2.0” becomes official, the website will allow the public to receive notice of proposed agency regulations, link to a separate …
Revitalizing Motive And Opportunity Pleading After Tellabs, Marvin Lowenthal
Revitalizing Motive And Opportunity Pleading After Tellabs, Marvin Lowenthal
Michigan Law Review
Congress passed the Private Securities Litigation Reform Act of 1995 ("PSLRA") to prevent frivolous lawsuits that had been draining resources from businesses. This legislation included provisions for heightening the pleading requirements for the scienter, or state of mind, requirement for securities law violations. Many circuit courts debated whether the motive and opportunity test for scienter, applied initially by the Second and Third Circuits, survived the passage of the PSLRA. This Note argues that while the motive and opportunity test has been discounted by numerous circuits, it not only remains viable for pleading scienter under the PSLRA, but it accomplishes the …
Clear Rules - Not Necessarily Simple Or Accessible Ones, Lumen N. Mulligan
Clear Rules - Not Necessarily Simple Or Accessible Ones, Lumen N. Mulligan
Faculty Works
In The Complexity of Jurisdictional Clarity, 97 VA. L. REV. 1 (2011), Professor Dodson argues that the traditional call for clear and simple rules über alles in subject matter jurisdiction is misplaced. In this response essay, I begin by arguing that Dodson, while offering many valuable insights, does not adequately distinguish between the separate notions of simplicity, clarity, and accessibility. Second, I note that crafting a clarity enhancing rule, even if complex and inaccessible, may be a more promising endeavor than the search for a regime that is at once clear, simple and accessible. In the third section, I contend …
Filling The Criminal Liability Gap For Private Military Contractors Abroad: U.S. V. Slough And The Civilian Extraterritorial Jurisdiction Act Of 2010, Missye Brickell
Filling The Criminal Liability Gap For Private Military Contractors Abroad: U.S. V. Slough And The Civilian Extraterritorial Jurisdiction Act Of 2010, Missye Brickell
Legislation and Policy Brief
To ensure that all contractors who commit crimes in Iraq and Afghanistan can be prosecuted effectively in the United States, Congress must pass legislation to update Federal criminal law and fill the gaps that may leave certain types of contractors free from any criminal liability. The Civilian Extraterritorial Jurisdiction Act of 2010 (CEJA) attempts to do just that, and while it may deter some PMCs from participating in the U.S. military and security contracting market, the benefits of having a fully accountable U.S. legal system outweigh the drawbacks for individual contracting companies.
Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman
Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman
Faculty Publications
Understanding the twin pleading cases of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal from the vantage point of only a few months (or even years) requires as much prediction as explanation. Early confusion is a product of the long-heralded link between substance and procedure. What we are seeing now may be less about Court-imposed changes to procedure as about changes to substantive law and a "mismatch " between new substance and the old procedure of the Federal Rules. Much of the current business of federal courts involves constitutional litigation under 42 U.S. C. §S 1983 and Bivens, …
Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil
Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil
CMC Senior Theses
According to the Department of Homeland Security, Office of Immigration Statistic, California accounts for approximately 2,600,000 illegal immigrants in 2009. This number represents about 25 percent of the entire estimated illegal immigrant population in the United States, which is roughly 10.8 million. Between 2003 and 2008, the U.S. government removed 1,446,338 noncitizens from the United States. This rise in deportation is a result o the changes that have been enacted by the federal government over the years that transformed the nature of immigration enforcement. This thesis explores the California Immigration Enforcement system from the programs established to apprehend illegal aliens …
12th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2010, Department Of Attorney General, State Of Rhode Island
12th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2010, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
NYLS Law Review
No abstract provided.
Pleading With Congress To Resist The Urge To Overrule Twombly And Iqbal, Michael R. Huston
Pleading With Congress To Resist The Urge To Overrule Twombly And Iqbal, Michael R. Huston
Michigan Law Review
In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the Supreme Court changed the rhetoric of the federal pleading system. Those decisions have been decried by members of the bar, scholars, and legislators as judicial activism and a rewriting of the Federal Rules of Civil Procedure. Such criticism has led members of both houses of Congress to introduce legislation to overrule the decisions and return to some variation of the "notice pleading" regime that existed before Twombly. This Note argues that both of the current proposals to overrule Twombly and Iqbal should be rejected. Although the bills take different …
Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman
Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman
Faculty Publications
No abstract provided.
When The Music Stops, Why Not Require Certain Title Vii Plaintiffs To Find A Chair On Which To Rest Their Complaint?, 42 J. Marshall L. Rev. 505 (2009), Catherine R. Caifano
When The Music Stops, Why Not Require Certain Title Vii Plaintiffs To Find A Chair On Which To Rest Their Complaint?, 42 J. Marshall L. Rev. 505 (2009), Catherine R. Caifano
UIC Law Review
No abstract provided.
10th Annual Open Government Summit: The Access To Public Records Act & The Open Meetings Act, 2008, Department Of Attorney General, State Of Rhode Island
10th Annual Open Government Summit: The Access To Public Records Act & The Open Meetings Act, 2008, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
In Re Davis, Adam Schlusselberg
The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land
The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land
University of Richmond Law Review
No abstract provided.