Civil Procedure Commons^™

Leeds V. Norfolk Southern Railway Company—In Undoing Late Removal, District Court Gives Guidance On Evaluating Whether Defendants Were Joined In “Bad Faith”, Geoffrey D. Kearney

SLU Law Journal Online

Pursuant to 28 U.S.C. § 1446, defendants typically have one year to remove to federal court a case filed in state court. The landscape for removal changed somewhat with a 2011 amendment to this statute, which extends that one-year deadline upon a showing “that the plaintiff has acted in bad faith in order to prevent a defendant from removing the action.”

But the question of what sort of conduct satisfies this provision persists. Since its passage, courts—primarily district courts—have grappled with just what it means for a plaintiff to act in bad faith to thwart removal. Leeds v. Norfolk Southern …

The Enduring Legacy Of The Habsburg Islam Policy: Muslim Communities In Central And Southeast Europe, Sevgi Adak, Thomas Schmidinger

Exploring Muslim Contexts

Examines contemporary legal and political structures governing Muslim communities in Central and Southeast Europe.

When Otto Habsburg – son of the last emperor of the Austria-Hungarian Empire Karl I – died in 2011, among those who prayed at the funeral was Mustafa Efendi Cerić, the Reis-ul-ulema of Bosnia and Herzegovina – the highest Islamic office in the country. This was to honour the long-lasting relationship between the bygone empire of the Catholic Habsburgs with Bosnian Muslims. The cornerstone of this relationship was the 1912 Islam Act (Islamgesetz) of the Habsburgs, which granted Islam legal recognition and incorporated it into …

A Critical Juncture: The Convergence Of Natural Resource Management And Tribal Sovereignty, Anna Aleta Butterfield

Graduate Student Portfolios, Professional Papers, and Capstone Projects

This portfolio reflects the work I’ve done in my four years as a dual degree student, pursuing a Master of Science in Environmental Studies and a juris doctorate degree, and focuses on policies and laws surrounding natural resource management. It touches on how those policies relate to and expand or constrict the exercise of sovereignty by indigenous populations.

This piece first considers the effects of plastic on salmon populations and those indigenous groups that rely on salmon for subsistence and cultural purposes. The remaining three pieces focus on various aspects of the Confederated Salish and Kootenai Tribes - Montana Water …

Rules And Laws For Civil Actions 2026, Stella Burch Elias, Derek T. Muller, Jason Rantanen, Caroline Sheerin, Maya Steinitz

Books

Rules and Laws for Civil Actions is an open-access resource for law students containing the U.S. Constitution, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, and selected federal and state statutes. The book was created by a team of faculty members at the University of Iowa College of Law to supplement the study of Civil Procedure, Evidence, Constitutional Law, and other law school courses. In addition to containing the official text, each legal source found in Rules and Laws for Civil Actions is accompanied by an introductory section written by an Iowa Law professor …

Rules & Laws For Civil Actions: 2025 Ed., Stella Burch Elias, Derek T. Muller, Jason Rantanen, Caroline Sheerin, Maya Steinitz

Books

Rules and Laws for Civil Actions is an open-access resource for law students containing the U.S. Constitution, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, and selected federal and state statutes. The book was created by a team of faculty members at the University of Iowa College of Law to supplement the study of Civil Procedure, Evidence, Constitutional Law, and other law school courses. In addition to containing the official text, each legal source found in Rules and Laws for Civil Actions is accompanied by an introductory section written by an Iowa Law professor …

Rules & Laws For Civil Actions: 2024 Ed., Stella Burch Elias, Derek T. Muller, Jason Rantanen, Caroline Sheerin, Maya Steinitz

Books

2024 Edition

Rules and Laws for Civil Actions is an open-access resource for law students containing the U.S. Constitution, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, and selected federal and state statutes. The book was created by a team of faculty members at the University of Iowa College of Law to supplement the study of Civil Procedure, Evidence, Constitutional Law, and other law school courses. In addition to containing the official text, each legal source found in Rules and Laws for Civil Actions is accompanied by an introductory section written by an Iowa …

A $53m Settlement That Will Improve Conditions In Ny Prisons And Jails, Alexander A. Reinert

Cardozo News 2023

This article appeared in the 2023 edition of Cardozo Life magazine.

Professor Alexander Reinert has seen his work bring about major changes in prison and jail conditions in New York City and New York State many times. In April 2023, he was co-counsel with lawyers of Cuti Hecker Wang LLP in a historic settlement in Miller v. City of New York, which involved detainees held in restrictive isolation at two jails on Rikers Island and one unit at what was then the Manhattan Detention Complex.

Civil Rights Clinic Wins Historic Louisiana Case Ending Solitary Confinement Of Individuals Awaiting Death Sentences, Betsy Ginsberg, Cardozo Civil Rights Clinic

Cardozo News 2023

This article appeared in the 2023 edition of Cardozo Life magazine.

Should an incarcerated person who has been sentenced to death be required to live out the rest of his or her life in solitary confinement? Not according to the Cardozo Civil Rights Clinic, which recently won a historic settlement changing policy in Louisiana prisons.

Overview Of Missouri Appellate Briefing Rules And The Case Of Hicks V. Northland-Smithville, Steve Lockwood

SLU Law Journal Online

Starting with the Missouri Supreme Court's 2022 opinion in Lexow v. Boeing Co., appellate courts have put renewed emphasis on the requirements of Rule 84.04. The recent opinion by the Western District Court of Appeals, Hicks v. Northland-Smithville, and several predecessor opinions to Hicks, are a lesson and reminder to practitioners to strictly adhere to the Missouri Rules of Appellate Procedure, specifically Rule 84.04. In this article, Steve Lockwood will discuss Hicks and the implications of the opinion.

Prioritizing Patients Or Impropriety?: Why The 8th Circuit’S Cairns Decision Sets A Dangerous Precedent Jeopardizing Patient Protection And Government Investment In Federal Programs, Nicole Beachboard

SLU Law Journal Online

In July 2022, the 8th Circuit established a stricter causation standard for plaintiffs alleging a False Claims Act claim through a violation of the Anti-Kickback Statute in United States ex rel. Cairns v. D.S. Medical LLC. The requirement that a plaintiff demonstrate but-for causation stands in stark contrast to the 3rd Circuit’s “at least one claim standard.” In this article, Nicole Beachboard addresses how the 8th Circuit’s decision enforces an onerous burden on the plaintiff, undermines statutory authority, and facilitates defendant misconduct.

Shielded Book Launch, Cardozo Center For Rights And Justice

2023 Event Invitations

Professor Alexander Reinert, Director of the Center for Rights and Justice, will moderate a discussion on Shielded: How the Police Became Untouchable. He will be joined by the author, Joanna Schwartz, Professor of Law at the University of California, Los Angeles. Schwartz is one of the country's leading scholars on policing.

In Shielded, Schwartz explores how the legal system protects the police from being held accountable, with insightful analyses about subjects ranging from qualified immunity to no-knock warrants. By weaving true stories of people seeking restitution for violated rights, cutting across race, gender, criminal history, tax bracket, and …

Rules And Laws For Civil Actions 2023, Stella Burch Elias, Derek T. Muller, Jason Rantanen, Caroline Sheerin, Maya Steinitz

Books

Rules and Laws for Civil Actions is an open-access resource for law students containing the U.S. Constitution, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, and selected federal and state statutes. The book was created by a team of faculty members at the University of Iowa College of Law to supplement the study of Civil Procedure, Evidence, Constitutional Law, and other law school courses. In addition to containing the official text, each legal source found in Rules and Laws for Civil Actions is accompanied by an introductory section written by an Iowa Law professor …

Trade Secret Case Management Judicial Guide, Peter S. Menell, Victoria A. Cundiff, James Pooley, Elizabeth Rowe, Peter J. Toren, Rebecca Wexler

Faculty Books

The Trade Secret Case Management Judicial Guide provides judges with a comprehensive resource for surveying trade secret law and managing trade secret litigation. Chapters are organized according to the stages of litigation and guided by an early case management checklist.

Utah Marriage And Divorce Laws, Kory Staheli, Stephen Elmo Averett

BYU Law Library Publications

A summary of current Utah domestic relations law, updated annually. Selected sample filing documents and links to current legal forms are included in the Appendix.

Procedural Barriers To The Use Of Title Ix As A Defense For Transgender Students In State Juvenile Justice Proceedings, Briana Rosenbaum

Book Chapters

No abstract provided.

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011), copies …

Law Day Fifth District Court Of Appeal Oral Arguments At Florida Agricultural And Mechanical University College Of Law, 2016, Honorable James A. Edwards, Honorable Richard B. Orfinger, Honorable Vincent G. Torpy Jr.

Law Day Presentations

As part of FAMU College of Law's Law Day activities, the Florida Fifth District Court of Appeal is holding a session in the FAMU College of Law Ceremonial Moot Courtroom. A three judge panel is hearing oral arguments from attorneys representing their clients in cases involving suppression of evidence, the exclusionary rule and other evidentiary questions, as well as the ineffective assistance of counsel in a case involving deportation issues. A question-and-answer session follows each set of arguments during which the justices and attorneys entertain questions about the appellate process and organization of the court.

A Student Electronic Discovery Primer: An Essential Companion For Civil Procedure Courses, Jennifer M. Smith, William F. Hamilton

Faculty Books and Book Contributions

A Student Electronic-Discovery Primer supplements the traditional civil procedure textbook. The Primer is specifically designed as a practical and accessible guide for the first-year law student. Traditional civil procedure textbooks have given short shrift to what has emerged as a foundation of modern civil litigation—electronic discovery. This concise text introduces students to the new and often troubling themes of electronic discovery: preservation, search, metadata, and forms of production, touching upon the major issues that confront the use of digital data in litigation. It also includes sample electronic discovery practice forms and outlines the key 2015 amendments to the Federal Rules …

Law Day Fifth District Court Of Appeal Oral Arguments At Florida A&M University College Of Law, 2013, Honorable C. Alan Lawson, Presiding Judge, Honorable Bruce W. Jacobus, Honorable Wendy W. Berger

Law Day Presentations

As part of Law Day activities, the Florida Fifth District Court of Appeal is holding a session in the FAMU College of Law Ceremonial Moot Courtroom. A three judge panel is hearing oral arguments from attorneys representing their clients in cases involving extortion and jury instructions, as well as issues regarding the interpretation of statute of limitations. A question-and-answer session follows each set of arguments during which the justices and attorneys entertain questions about the appellate process and organization of the court.

Law Day Fifth District Court Of Appeal Oral Arguments At Florida A&M University College Of Law, 2012, Honorable Richard B. Orfinger, Chief Judge, Honorable William D. Palmer Chief Judge, Honorable Jay P. Cohen

Law Day Presentations

As part of Law Day activities, the Florida Fifth District Court of Appeal is holding a session in the FAMU College of Law Ceremonial Moot Courtroom. A three judge panel is hearing oral arguments from attorneys representing their clients in cases involving appellant's fraud on the trial court, public records questions, attorney's fees, and jurisdiction. A question-and-answer session follows each set of arguments during which the justices and attorneys entertain questions about the appellate process and organization of the court.

Law Day Oral Argument Session 5th District Court Of Appeal, 2011, Honorable Kerry I. Evander, Presiding Judge, Honorable Jay P. Cohen, Honorable Bruce W. Jacobus

Law Day Presentations

As part of the fifth annual Law Day event, a three judge panel from the Florida Fifth District Court of Appeal is hearing appellate oral arguments in the FAMU College of Law Ceremonial Moot Courtroom. The first arguments are regarding evidence and jury instruction issues; the second case involves real property, mortgages and liens, as well as jurisdiction issues; the final arguments are regarding juror non-disclosure. A question-and-answer session follows each set of arguments during which the justices and attorneys entertain questions about the appellate process and organization of the court.

Law Day Oral Argument Session Fifth District Court Of Appeal, 2010, Honorable William D. Palmer, Chief Judge, Honorable Bruce Jacobus, Honorable C. Alan Lawson

Law Day Presentations

As part of Law Day activities, a three judge panel hear appellate oral arguments on a first-degree murder case, a contract dispute, and a sexual battery and false imprisonment case, in the FAMU College of Law's Ceremonial Moot Courtroom. The Court entertains questions from the gallery regarding the appellate process and organization of the appellate court following each argument.

Law Day Oral Argument Session 5th District Court Of Appeal, 2009, Honorable Jacqueline R. Griffin, Presiding Judge, Honorable C. Alan Lawson, Honorable Kerry I. Evander

Law Day Presentations

As part of Law Day, a panel of three justices from the Florida Fifth District Court of Appeal hear oral arguments for the following three cases: Huck v. State, Alsobiae v. Parkinson, and Demings, Sheriff v. Orange County Citizen Review Board. Following each oral argument, the Court takes questions on Court procedures and operations.

Florida Fifth District Court Of Appeal Law Day Oral Argument Session At Famu Law, 2008, Honorable Thomas D. Sawaya, Honorable William D. Palmer, Chief Judge, Honorable Jay P. Cohen

Law Day Presentations

Law Day activities include five appeals by practicing attorneys on behalf of their clients and question-and-answer break following each argument, held in the FAMU College of Law Ceremonial Moot Courtroom.

Nova Scotia Civil Procedure Rules, Rollie Thompson

Books

The Civil Procedure Rules govern proceedings in Nova Scotia's Court of Appeal and Supreme Court. They are made and amended by the Judges of the Supreme and Appeal Courts under the authority of the Judicature Act. The Supreme Court has a "Bench Rules Committee" which consists of 10 judges. One judge is from the Court of Appeal. Working groups and sub-committees make recommendations and report to the Bench Rules Committee for final decisions on additions or amendments to the Rules and Forms.

The current version of the Civil Procedure Rules were developed by the Judges of the two Courts on …

Florida Fifth District Court Of Appeal To Hold Oral Arguments Session At Famu Law, 2007, Honorable Kerry I. Evander, Honorable Vincent G. Torpy, Jr., Honorable C. Alan Lawson

Law Day Presentations

As part of Law Day activities, Oral Arguments are heard by a three justice panel. The event includes five appeals by practicing attorneys on behalf of their clients, question-and-answer sessions following each argument, and a reception with the justices following the Court session.

Jones On Evidence: Civil And Criminal 7th Ed., Anne T. Mckenna, Clifford S. Fishman

Books

In 2004, Anne began co-authoring this seminal evidence treatise, which is in its second century of publication. Jones on Evidence (“Jones”) currently contains 5 hardbound volumes and a softbound appendix of new chapters with two new hardbound volumes forthcoming. All volumes are updated yearly. Jones enables civil and criminal practitioners in private and public practice to learn and understand evidentiary issues and evidentiary rules, including the Federal Rules of Evidence, and to use evidence effectively, whether the issue is admission, exclusion, preservation or relevance. Jones has been cited in numerous federal and state court opinions and law review …

Evaluation Of The Ontario Mediation Program (Rule 24.1) Final Report: The First 23 Months, Robert G. Hann, Carl Baar, Lee Axon, Susan Binnie, Frederick H Zemans

Books

No abstract provided.

Handling Claims For Minor And Disabled Plaintiffs: Coordinating All Aspects Of The Case, Oregon Law Institute, Elizabeth Welch, Robert P. Jones, Doug M. Fellows, Elden M. Rosenthal, Donna R. Meyer, Jack Meligan, Jane Paulson, Cynthia L. Barrett, Beth Gafur, Jude Mollgaard, Richard H. Mills, David Rollins

Oregon Law Institute, 1998

Course Materials from the April 10, 1998 Program in Portland

Liability Insurance For Businesses, Oregon Law Institute, Diane L. Polscer, Marianne M. Ghim, Jeffrey V. Hill, James T. Mcdermott, Norma S. Poitras, Paula A. Barran, Thomas A. Gordon, Marianne M. Ghim, Dianne K. Dailey, Linda M. Bolduan, William G. Earle, Angela M. Stewart, Austin W. Crowe Jr., William A. Barton

Oregon Law Institute, 1997

Course Materials from the June 6, 1997 Program in Portland