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Articles 1 - 30 of 97
Full-Text Articles in Civil Procedure
Anti-Slapp Confusion: Should Federal Courts Permit Interlocutory Appeal For Anti-Slapp Motions?, Mitchell L. Grantham
Anti-Slapp Confusion: Should Federal Courts Permit Interlocutory Appeal For Anti-Slapp Motions?, Mitchell L. Grantham
Oklahoma Law Review
No abstract provided.
Michael Scott Is Not A Juror: The Limits Of Ai In Simulating Human Judgment, Sean Harrington, Hayley Stillwell
Michael Scott Is Not A Juror: The Limits Of Ai In Simulating Human Judgment, Sean Harrington, Hayley Stillwell
Faculty Articles
Can AI replace human jurors? More specifically, can large language models predict how jurors interpret evidence and reach decisions based on legally salient facts and demographic characteristics? As legal scholars and practitioners increasingly explore AI-generated jury simulations, this Article offers the first empirical test of whether models like GPT-4, Claude, and Gemini can faithfully replicate juror reasoning. The answer, for now, is no. Across a series of mock trial scenarios involving redacted confessions, GPT- 4, Claude, and Gemini repeatedly failed to replicate how real jurors interpret evidence or exercise judgment. Their errors were not random, but systematic. Hidden prompts, built-in …
Seeing The Unseen: Procedural Solutions In Plain Sight, Melissa Mortazavi
Seeing The Unseen: Procedural Solutions In Plain Sight, Melissa Mortazavi
Other Faculty Publications
No abstract provided.
The New Inquiry Notice: Lessons From E-Commerce, Richard F. Storrow
The New Inquiry Notice: Lessons From E-Commerce, Richard F. Storrow
Oklahoma Law Review
No abstract provided.
Civil Procedure For The Anthropocene, Roger Michalski, Emily S. Taylor Poppe
Civil Procedure For The Anthropocene, Roger Michalski, Emily S. Taylor Poppe
Faculty Articles
Climate considerations must become an element of procedural analysis. Scholars, rule makers, legislators, and judges have historically prioritized procedural values including cost, speed, and accuracy. More recent waves of scholarship—including critical perspectives—have emphasized participation as a further procedural goal. Yet this list has grown stale. Current environmental realities force all areas of law, including civil procedure, to reckon with climate change. In the future, proceduralists will be forced to integrate climate-aware thinking into their analyses, proposals, and discussions. Predictably, minds will disagree on how to accomplish this and the kinds of trade-offs that are warranted. Yet the fundamental point of …
Long Live The Federal Rules Of Evidence!, Daniel J. Capra, Liesa L. Richter
Long Live The Federal Rules Of Evidence!, Daniel J. Capra, Liesa L. Richter
Faculty Articles
The Federal Rules of Evidence have been pronounced dead. Indeed, the Federal Rules of Evidence have recently been declared dormant, stagnant, frozen, lethargic, and yes, deceased. In The Living Rules of Evidence, 170 U. Pa. L. Rev. 937 (March 2022), Professor Alexander Nunn claims that the Rules are lifeless, incapable of any meaningful change, and littered with anachronistic and even dangerous standards and provisions. To blame for the moribund state of the Federal Rules of Evidence is the bureaucratic and complex federal rulemaking process that requires amendments to traverse multiple constituencies in a multi-year process before taking effect. As a …
Balancing Efficiency And Authority: The Proper Role Of Magistrate Judges In Section 1782 Applications For International Discovery, Sophia Silvernail
Balancing Efficiency And Authority: The Proper Role Of Magistrate Judges In Section 1782 Applications For International Discovery, Sophia Silvernail
Oklahoma Law Review
No abstract provided.
Three Ways To Sit Under A Shady Grove: The Uncertain Future Of The Oklahoma Citizens Participation Act In Federal Court, Nicholas Rinehart
Three Ways To Sit Under A Shady Grove: The Uncertain Future Of The Oklahoma Citizens Participation Act In Federal Court, Nicholas Rinehart
Oklahoma Law Review
No abstract provided.
Ethics By Appointment: An Empirical Account Of Obscured Sanctioning In Mdl Cases, Roger Michalski
Ethics By Appointment: An Empirical Account Of Obscured Sanctioning In Mdl Cases, Roger Michalski
Faculty Articles
Ethical norms in litigation are policed through overlapping regulatory regimes. One of these regimes is internal to litigation and split into different components, including Federal Rules of Civil Procedure 11, 26(g), and 37; Federal Rule of Appellate Procedure 38; 28 U.S.C. §§ 1927 and 1447(c); as well as courts’ inherent authority to sanction litigants and attorneys. In the standard narrative, these tools provide immediate corrections to unethical conduct, unlike bar sanctions or derivative malpractice actions that are delayed and uncertain. Together, these tools aim to effectuate the goal of Federal Rule of Civil Procedure 1: to make sure parties cooperate …
Where Neutrality Stops And Reality Begins: Why Considering Identity Is Vital To Lead And Class Counsel Selection, Melissa Mortazavi
Where Neutrality Stops And Reality Begins: Why Considering Identity Is Vital To Lead And Class Counsel Selection, Melissa Mortazavi
Faculty Articles
When courts consider a choice of class or lead counsel in multidistrict litigation ("MDL') or class action suits, they often follow the idea of a neutral partisan model. Such a model idealizes lawyer conduct as a blank conduit for client interests. In theory, lawyers should be able to bring their legal expertise absent any personal experiences, individualized identity, and morality outside of practice. But the reality is that neither lawyers nor their clients can fully divorce their identities or moral viewpoints from the legal system. This Essay argues that an identity-blind choice of class or lead counsel, grounded in a …
Lawyerless Law Development, Colleen Shanahan, Jessica Steinberg, Alyx Mark, Anna Carpenter
Lawyerless Law Development, Colleen Shanahan, Jessica Steinberg, Alyx Mark, Anna Carpenter
Faculty Articles
State civil courts are the object of growing scholarly attention converging from two directions: rapidly expanding research regarding lawyerless state civil trial courts, and an increasing volume of voices calling for state supreme courts to serve as a balm for American democracy’s wounds. The challenges of lawyerless trial courts and the potential of state supreme courts converge when considering how law develops in state civil courts. We and others have asserted that law development is not happening in lawyerless courts, at least not in the way that American legal scholars conventionally understand law development. This Essay explores the core theoretical …
The Pro Se Gender Gap, Roger Michalski
The Pro Se Gender Gap, Roger Michalski
Faculty Articles
This article is the first to identify, name, and empirically measure the pro se gender gap. Drawing on a massive dataset of all federal civil dockets spanning 10 years, it finds a 2-to-1 gender imbalance. For every federal female pro se litigant there are two males. This finding is robust and stable. It holds true for plaintiffs, defendants, and other parties. It is also true across most subject areas, across time, across length of litigation, and across states, districts, and circuits. The study excludes prisoner-rights and habeas petitions (including them would widen the gender gap even further). This gender gap …
Should The Federal Rules Of Civil Procedure Be Amended To Address Cross-Border Discovery?, Michael M. Baylson, Steven S. Gensler
Should The Federal Rules Of Civil Procedure Be Amended To Address Cross-Border Discovery?, Michael M. Baylson, Steven S. Gensler
Other Faculty Publications
Civil discovery in federal court increasingly involves information from sources located outside of the United States. Parties may or may not be required to pursue cross-border discovery through international agreements like the Hague Evidence Convention. The Federal Rules of Civil Procedure provide surprisingly little guidance on how the Hague process fits within the rules scheme. This article identifies the regulatory gaps and proposes that the rulemakers undertake a project to potentially address some of those gaps.
The Swift Completion Of Their Appointed Rounds, Roger Michalski
The Swift Completion Of Their Appointed Rounds, Roger Michalski
Other Faculty Publications
No abstract provided.
The Democratic (Il)Legitimacy Of Assembly-Line Litigation, Jessica Steinberg, Colleen Shanahan, Anna Carpenter, Alyx Mark
The Democratic (Il)Legitimacy Of Assembly-Line Litigation, Jessica Steinberg, Colleen Shanahan, Anna Carpenter, Alyx Mark
Faculty Articles
In response to Daniel Wilf-Townsend’s Assembly-Line Plaintiffs we take a panoramic picture of state civil courts, and debt cases in particular, and name specific features of the courts that must be taken into account in crafting reform prescriptions. In doing so, we question both the democratic legitimacy of debt collection courts and the adequacy of incremental reform that targets the structure of litigation. Part I contributes two critical components to Wilf-Townsend’s rich description of consumer debt cases: pervasive intersectional inequality among pro se defendants and a record of fraud among top filers. We add a sharper focus on the racial, …
The Million-Dollar Diversity Docket, Steven Gensler, Roger Michalski
The Million-Dollar Diversity Docket, Steven Gensler, Roger Michalski
Faculty Articles
What would happen if Congress raised the jurisdictional amount in the diversity jurisdiction statute? Given that it has been almost 25 years since the last increase, we are probably overdue for another one. But to what amount? And with what effect? What would happen if Congress raised the jurisdictional amount from the current $75,000 to $250,000 or, say, $1 million? Using a novel hand-coded data set of pleadings in 2900 cases, we show that the jurisdictional amount is not a neutral throttle. Instead, different areas of law, different parts of the country, and different litigants are more affected by changes …
Mapping The Civil Justice Gap In Federal Court, Roger Michalski, Andrew Hammond
Mapping The Civil Justice Gap In Federal Court, Roger Michalski, Andrew Hammond
Faculty Articles
Unrepresented litigants make up a sizable and normatively important chunk of civil litigation in the federal courts. Despite their importance, we still know little about who these pro se litigants are. Debates about pro se litigation take place without sufficient empirical information. To help fill some of the gaps in our understanding of pro se litigants, this Article takes a new approach by mapping where pro se litigants live. Using a massive data set of 2.5 million federal dockets from a ten-year period, we obtained addresses of non-prisoner pro se litigants. We then geolocated these addresses and cross-referenced that information …
The Field Of State Civil Courts, Anna Carpenter, Alyx Mark, Colleen Shanahan, Jessica Steinberg
The Field Of State Civil Courts, Anna Carpenter, Alyx Mark, Colleen Shanahan, Jessica Steinberg
Faculty Articles
This symposium Issue of the Columbia Law Review marks a moment of convergence and opportunity for an emerging field of legal scholarship focused on America’s state civil trial courts. Historically, legal scholarship has treated state civil courts as, at best, a mere footnote in conversations about civil law and procedure, federalism, and judicial behavior. But the status quo is shifting. As this Issue demonstrates, legal scholars are examining our most common civil courts as sites for understanding law, legal institutions, and how people experience civil justice. This engagement is essential for inquiries into how courts shape and respond to social …
Simplifying Choice-Of-Law Interest Analysis, Luke Meier
Simplifying Choice-Of-Law Interest Analysis, Luke Meier
Oklahoma Law Review
No abstract provided.
Judges In Lawyerless Courts, Anna Carpenter, Colleen Shanahan, Jessica Steinberg, Alyx Mark
Judges In Lawyerless Courts, Anna Carpenter, Colleen Shanahan, Jessica Steinberg, Alyx Mark
Faculty Articles
The typical American civil trial court is lawyerless. In response, access to justice reformers have embraced a key intervention: changing the judge’s traditional role. The prevailing vision for judicial role reform calls on trial judges to offer accommodation, information, and process simplification to people without legal representation. Until now, scholars have known little about judicial behavior in lawyerless courts, including whether and how judges are implementing role reform recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear—and the discretionary power they wield—in dispensing justice for millions of unrepresented people each year. While today’s …
The Institutional Mismatch Of State Civil Courts, Colleen Shanahan, Jessica Steinberg, Alyx Mark, Anna Carpenter
The Institutional Mismatch Of State Civil Courts, Colleen Shanahan, Jessica Steinberg, Alyx Mark, Anna Carpenter
Faculty Articles
State civil courts are central institutions in American democracy. Though designed for dispute resolution, these courts function as emergency rooms for social needs in the face of the failure of the legislative and executive branches to disrupt or mitigate inequality. We reconsider national case data to analyze the presence of social needs in state civil cases. We then use original data from courtroom observation and interviews to theorize how state civil courts grapple with the mismatch between the social needs people bring to these courts and their institutional design. This institutional mismatch leads to two roles of state civil courts …
In A Different Voice, Roger Michalski
In A Different Voice, Roger Michalski
Other Faculty Publications
No abstract provided.
Judges And The Deregulation Of The Lawyer's Monopoly, Jessica Steinberg, Anna Carpenter, Colleen Shanahan, Alyx Mark
Judges And The Deregulation Of The Lawyer's Monopoly, Jessica Steinberg, Anna Carpenter, Colleen Shanahan, Alyx Mark
Faculty Articles
In a revolutionary moment for the legal profession, the deregulation of legal services is taking hold in many parts of the country. Utah and Arizona, for instance, are experimenting with new regulations that permit nonlawyer advocates to play an active role in assisting citizens who may not otherwise have access to legal services. In addition, amendments to the Rules of Professional Conduct in both states, as well as those being contemplated in California, now allow nonlawyers to have a partnership stake in law firms, which may dramatically change the way capital for the delivery of legal services is raised as …
Montgomery V. Airbus Helicopters, Inc.: Oklahoma’S Ostensible Destruction Of Stream-Of-Commerce Personal Jurisdiction, Morgan E. Vastag
Montgomery V. Airbus Helicopters, Inc.: Oklahoma’S Ostensible Destruction Of Stream-Of-Commerce Personal Jurisdiction, Morgan E. Vastag
Oklahoma Law Review
No abstract provided.
The Privacy-Protection Hook In The Federal Rules, Steven Gensler, Lee Rosenthal
The Privacy-Protection Hook In The Federal Rules, Steven Gensler, Lee Rosenthal
Other Faculty Publications
No abstract provided.
Covid, Crisis, And Courts, Colleen Shanahan, Alyx Mark, Jessica Steinberg, Anna Carpenter
Covid, Crisis, And Courts, Colleen Shanahan, Alyx Mark, Jessica Steinberg, Anna Carpenter
Faculty Articles
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 …
Jury Trial Disparities Between Class Actions And Shareholder Derivative Actions In State Courts, Ann M. Scarlett
Jury Trial Disparities Between Class Actions And Shareholder Derivative Actions In State Courts, Ann M. Scarlett
Oklahoma Law Review
No abstract provided.
Trust The Process: Understanding Procedural Standing Under Spokeo, Jon Romberg
Trust The Process: Understanding Procedural Standing Under Spokeo, Jon Romberg
Oklahoma Law Review
No abstract provided.
The Disability Dilemma: Difficulties Involving Erisa Claims For Subjective-Proof Diseases, Courtney D. Keeling
The Disability Dilemma: Difficulties Involving Erisa Claims For Subjective-Proof Diseases, Courtney D. Keeling
Oklahoma Law Review
No abstract provided.
New Prime Inc. V. Oliveira: Putting The Wheels Back On The Faa’S Section 1 Exemption For Transportation Workers, Reed C. Trechter
New Prime Inc. V. Oliveira: Putting The Wheels Back On The Faa’S Section 1 Exemption For Transportation Workers, Reed C. Trechter
Oklahoma Law Review
No abstract provided.