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Articles 31 - 60 of 97
Full-Text Articles in Civil Procedure
Better By The Dozen: Bringing Back The Twelve-Person Civil Jury, Steven Gensler, Lee Rosenthal, Patrick Higginbotham
Better By The Dozen: Bringing Back The Twelve-Person Civil Jury, Steven Gensler, Lee Rosenthal, Patrick Higginbotham
Other Faculty Publications
A jury of 12 resonates through the centuries. Twelve-person juries were a fixture from at least the 14th century until the 1970s. Over 600 years of history is a powerful endorsement. So too are the many social-science studies consistently showing that a 12-person jury makes for a better deliberative process, with more predictable (and fewer outlier) results, by a more diverse group that is a more representative cross-section of the community. And yet, most federal judges today routinely seat civil juries without the full complement of 12 members. Why? Because in 1973 the United States Supreme Court said it was …
Simplified Courts Can't Solve Inequality, Colleen Shanahan, Anna Carpenter
Simplified Courts Can't Solve Inequality, Colleen Shanahan, Anna Carpenter
Faculty Articles
State civil courts struggle to handle the volume of cases before them. Litigants in these courts, most of whom are unrepresented, struggle to navigate the courts to solve their problems. This access-to-justice crisis has led to a range of reform efforts and solutions. One type of reform, court simplification, strives to reduce the complexity of procedures and information used by courts to help unrepresented litigants navigate the judicial system. These reforms mitigate but do not solve the symptoms of the larger underlying problem: state civil courts are struggling because they have been stuck with legal cases that arise from the …
Finding Prejudice From Lost Esi: An Analysis Of Courts’ Standards Under Amended Federal Rule Of Civil Procedure 37(E), Thomas J. Joyce
Finding Prejudice From Lost Esi: An Analysis Of Courts’ Standards Under Amended Federal Rule Of Civil Procedure 37(E), Thomas J. Joyce
Oklahoma Law Review
No abstract provided.
Studying The "New" Civil Judges, Anna Carpenter, Jessica Steinberg, Colleen Shanahan, Alyx Mark
Studying The "New" Civil Judges, Anna Carpenter, Jessica Steinberg, Colleen Shanahan, Alyx Mark
Faculty Articles
We know very little about the people and institutions that make up the bulk of the United States civil justice system: state judges and state courts. Our understanding of civil justice is based primarily on federal litigation and the decisions of appellate judges. Staggeringly little legal scholarship focuses on state courts and judges. We simply do not know what most judges are doing in their day-to-day courtroom roles or in their roles as institutional actors and managers of civil justice infrastructure. We know little about the factors that shape and influence judicial practices, let alone the consequences of those practices …
How To Sue A Robot, Roger Michalski
How To Sue A Robot, Roger Michalski
Faculty Articles
We are entering the age of robots where autonomous robots will drive our cars, milk cows, drill for oil, invest in stock, mine coal, build houses, pick strawberries, and work as surgeons. Robots, in mimicking the work of humans, will also mimic their legal liability. But how do you sue a robot? The current answer is that you cannot. Robots are property. They are not entities with a legal status that would make them amendable to sue or be sued. If a robot causes harm, you have to sue its owner. Corporations used to be like this for many procedural …
The Clash Of Procedural Values, Roger Michalski
The Clash Of Procedural Values, Roger Michalski
Faculty Articles
Should civil litigation be fast, inexpensive or accurate? When these goals clash, which one should prevail? These questions are the subject of countless court opinions, policy arguments, academic debates, and civil procedure exams. Yet discussion of procedural values to date has taken place in the dark, lacking vital information about which procedural values matter to actual litigants. This Article fills that void with empirical analysis. It analyzes an original dataset based on 1200 surveys mailed to a broad range of litigants and judges asking for their views on procedural values. It interprets survey responses by introducing to legal scholarship a …
Waiver, Work Product, And Worry: A Case For Clarifying The Waiver Doctrine In Oklahoma, Mitchell B. Bryant
Waiver, Work Product, And Worry: A Case For Clarifying The Waiver Doctrine In Oklahoma, Mitchell B. Bryant
Oklahoma Law Review
No abstract provided.
The Dangers Of E-Discovery And The New Federal Rules Of Civil Procedure, Ryan J. Reeves
The Dangers Of E-Discovery And The New Federal Rules Of Civil Procedure, Ryan J. Reeves
Oklahoma Journal of Law and Technology
No abstract provided.
Trial And Error: Lawyers And Nonlawyer Advocates, Anna Carpenter, Alyx Mark, Colleen Shanahan
Trial And Error: Lawyers And Nonlawyer Advocates, Anna Carpenter, Alyx Mark, Colleen Shanahan
Faculty Articles
Nonlawyer advocates are one proposed solution to the access to justice crisis and are currently permitted to practice in some civil justice settings. Theory and research suggest nonlawyers might be effective in some civil justice settings, yet we know very little, empirically, about nonlawyer practice in the United States. Using data from more than 5,000 unemployment insurance appeal hearings and interviews with lawyers and nonlawyers, this article explores how both types of representatives learn to do their work and what this means for their effectiveness. Building on recent research regarding the importance of procedural knowledge and relational expertise as elements …
Active Judging And Access To Justice, Anna Carpenter
Active Judging And Access To Justice, Anna Carpenter
Faculty Articles
"Being a good judge in this environment means unlearning what you learned in law school about what a judge is supposed to do. Fairness is doing things a federal judge would never do.” Active judging, where judges step away from the traditional, passive role to assist those without counsel, is a central feature of recent proposals aimed at solving the pro se crisis in America’s state civil courts. Despite growing support for active judging as an access to justice intervention, we know little, empirically, about how judges interact with pro se parties as a general matter, and even less about …
Twombly And Iqbal At The State Level, Roger Michalski, Abby Wood
Twombly And Iqbal At The State Level, Roger Michalski, Abby Wood
Faculty Articles
This article contributes to the empirical literature on pleading standards by studying the effect of Twombly and Iqbal at the state level. States account for the majority of civil litigation, yet they are understudied doctrinally and empirically. When we consider pleading at the state level, we can leverage differences across space and time in a way that is impossible with studies of federal courts. Using an array of principled empirical approaches on the best available data, we find no evidence that raising pleading standards affected plaintiff behavior. We observe no decrease in filings and no significant change in complaint length, …
Transferred Justice: An Empirical Account Of Federal Transfers In The Wake Of Atlantic Marine, Roger Michalski
Transferred Justice: An Empirical Account Of Federal Transfers In The Wake Of Atlantic Marine, Roger Michalski
Faculty Articles
This Article presents empirical findings on motions to transfer in the wake of the Supreme Court's decision in Atlantic Marine Construction Co. Inc. v. United States District Court for the Western District of Texas. Based on an original dataset of roughly 15,500 federal transfers over three years, it traces the evolving patterns of interdistrict transfers and how doctrinal changes affect the flow of cases between districts. These patterns suggest both beneficial and troubling aspects of the federal transfer system. On the beneficial side, transfers do important work in regulating and directing the massive flow of prisoners' rights and habeas corpus …
Reality Check: A Modest Modification To Rationalize Rule 803 Hearsay Exceptions, Liesa L. Richter
Reality Check: A Modest Modification To Rationalize Rule 803 Hearsay Exceptions, Liesa L. Richter
Faculty Articles
No abstract provided.
Posnerian Hearsay: Slaying The Discretion Dragon, Liesa L. Richter
Posnerian Hearsay: Slaying The Discretion Dragon, Liesa L. Richter
Faculty Articles
Distinguished jurist and scholar, Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit penned a concurrence in United States v. Boyce, 742 F.3d 792 (7th Cir. 2014), in which he launched a scathing attack on the scheme of categorical hearsay exceptions embodied in the Federal Rules of Evidence. After characterizing the existing hearsay regime as bad “folk psychology,” Judge Posner called for the repeal of categorical hearsay exceptions in favor of case-by-case determinations about the “reliability” of particular hearsay statements by trial judges. Prior to adoption of the Federal Rules, evidence experts debated whether a …
“Touching The Concerns” Of Kiobel: Corporate Liability And Jurisdictional Remedies In Response To Kiobel Vs. Royal Dutch Petroleum, Chinyere Kimberly Ikegbunam
“Touching The Concerns” Of Kiobel: Corporate Liability And Jurisdictional Remedies In Response To Kiobel Vs. Royal Dutch Petroleum, Chinyere Kimberly Ikegbunam
American Indian Law Review
No abstract provided.
Tethered To The Statute: How The Third Circuit’S Narrow Interpretation Of 28 U.S.C. § 1920(4) Will Shape The Future Of Cost-Shifting And E-Discovery For The Better, Jason L. Callaway
Tethered To The Statute: How The Third Circuit’S Narrow Interpretation Of 28 U.S.C. § 1920(4) Will Shape The Future Of Cost-Shifting And E-Discovery For The Better, Jason L. Callaway
Oklahoma Law Review
No abstract provided.
Trans-Personal Procedures, Roger Michalski
Trans-Personal Procedures, Roger Michalski
Faculty Articles
Recent court decisions have reignited a national debate about corporate personhood. This debate recognizes that the legal status of artificial persons is of great importance to the fabric of society, law, and politics. Questions about the status of artificial persons are typically raised in the context of substantive law, where corporate personhood has triggered strong reactions and important scholarship. But there is another, completely neglected side to this debate. The status of artificial entities is not solely negotiated in the context of substantive law. Procedure, similarly, must also choose whether to treat natural and artificial entities alike or not. This …
Comment On The Proposed Amendment To Evidence Rule 801(D)(1)(B), Liesa L. Richter
Comment On The Proposed Amendment To Evidence Rule 801(D)(1)(B), Liesa L. Richter
Other Faculty Publications
No abstract provided.
The Reappearing Judge, Steven S. Gensler, Lee Rosenthal
The Reappearing Judge, Steven S. Gensler, Lee Rosenthal
Faculty Articles
No abstract provided.
Relation Back Of Amendments Adding Plaintiffs Under Rule 15(C), Michelle L. Nabors
Relation Back Of Amendments Adding Plaintiffs Under Rule 15(C), Michelle L. Nabors
Oklahoma Law Review
No abstract provided.
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
Faculty Articles
No abstract provided.
Rights Come With Responsibilities: Personal Jurisdiction And Corporate Personhood, Roger Michalski
Rights Come With Responsibilities: Personal Jurisdiction And Corporate Personhood, Roger Michalski
Faculty Articles
No abstract provided.
Cobell Settlement Finalized After Years Of Litigation: Victory At Last?, Brooke Campbell
Cobell Settlement Finalized After Years Of Litigation: Victory At Last?, Brooke Campbell
American Indian Law Review
No abstract provided.
Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter
Making Horses Drink: Conceptual Change Theory And Federal Rule Of Evidence 502, Liesa L. Richter
Faculty Articles
No abstract provided.
Managing Summary Judgment, Steven S. Gensler, Lee Rosenthal
Managing Summary Judgment, Steven S. Gensler, Lee Rosenthal
Faculty Articles
No abstract provided.
Don't Just Do Something!: E-Hearsay, The Present Sense Impression, And The Case For Caution In The Rulemaking Process, Liesa L. Richter
Don't Just Do Something!: E-Hearsay, The Present Sense Impression, And The Case For Caution In The Rulemaking Process, Liesa L. Richter
Faculty Articles
No abstract provided.
Special Rules For Social Media Discovery?, Steven S. Gensler
Special Rules For Social Media Discovery?, Steven S. Gensler
Faculty Articles
No abstract provided.
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger Michalski
Pleading And Proving Foreign Law In The Age Of Plausibility Pleading, Roger Michalski
Faculty Articles
No abstract provided.
'Til Death Do Us Part: Why Personal Jurisdiction Is Required To Issue Victim Protection Orders Against Nonresident Abusers, Bevan J. Graybill
'Til Death Do Us Part: Why Personal Jurisdiction Is Required To Issue Victim Protection Orders Against Nonresident Abusers, Bevan J. Graybill
Oklahoma Law Review
No abstract provided.
Please Plead Me: Ashcroft V. Iqbal And Implications For Oklahoma Pleading, Paula M. Williams
Please Plead Me: Ashcroft V. Iqbal And Implications For Oklahoma Pleading, Paula M. Williams
Oklahoma Law Review
No abstract provided.