Civil Procedure Commons^™

Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington

Faculty Scholarship

No abstract provided.

A Tale Of Two Counties: Divergent Responses In Los Angeles And Orange County Superior Courts To The Ban On Electronic Recording In California Court Reporters Ass'n V. Judicial Council, Glenn S. Koppel

San Diego Law Review

This Article explores the authority of superior courts to use electronic recording technology to make a verbatim record of superior court proceedings-without express statutory authorization-in the aftermath of the CCRA decisions. Rather than just arguing that the CCRA decisions were wrongly decided, this Article explores ways to narrowly construe the CCRA opinions to permit superior courts and their litigants to use rapidly evolving electronic recording technologies as an alternative to traditional stenographic court reporting.

A Primer On The Civil Trial Of A Sexually Violent Predator, Joan Comparet Cassani

San Diego Law Review

Involuntary commitment' for sexually violent predators became the law in California in 1996. This law, the Sexually Violent Predator Act, provides for a civil jury trial.! This trial is unique, since some of the procedural protections afforded a criminal defendant apply. For example, a unanimous jury must find, beyond a reasonable doubt, that the individual is a sexually violent predator.

The Act provides for the treatment of the individual if committed, and carefully crafts the procedures for the mental health evaluation and review process. Unfortunately, the part of the statute that provides for the civil trial is not as tightly …

Reconciling The Juridical Links Doctrine With The Federal Rules Of Civil Procedure And Article Iii, William D. Henderson

Articles by Maurer Faculty

Over the past three decades, the juridical link and concerted action exceptions have evolved from dicta in the Ninth Circuit's decision in La Mar to an amorphous and undertheorized body of case law that has dangerously merged procedural and jurisdictional issues. Drawing on the principles of class action jurisprudence set forth by the Supreme Court in Amchem and Ortiz, lower courts should consider the issues of class certification and Rule 20(a) joinder before turning to the issue of standing under Article III. Under this approach, courts would not be able to reconcile much of the juridical links case law with …