Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Dispute Resolution and Arbitration (13)
- Courts (12)
- Jurisdiction (12)
- Litigation (12)
- Legislation (10)
-
- Civil Rights and Discrimination (9)
- Civil Law (7)
- Comparative and Foreign Law (6)
- Supreme Court of the United States (6)
- Criminal Procedure (5)
- Human Rights Law (5)
- Legal Remedies (5)
- Torts (5)
- Constitutional Law (4)
- Immigration Law (4)
- Jurisprudence (4)
- Labor and Employment Law (4)
- State and Local Government Law (4)
- Business Organizations Law (3)
- Commercial Law (3)
- Consumer Protection Law (3)
- International Law (3)
- Judges (3)
- Legal Education (3)
- Legal History (3)
- Transnational Law (3)
- Administrative Law (2)
- Common Law (2)
- Institution
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (8)
- New York Law School (6)
- University of Richmond (6)
- Association of American Law Schools (4)
- Mercer University School of Law (4)
-
- UC Law SF (4)
- Cornell University Law School (3)
- Texas A&M University School of Law (3)
- UIC School of Law (3)
- University of Georgia School of Law (3)
- University of Michigan Law School (3)
- University of Oklahoma College of Law (3)
- American University Washington College of Law (2)
- American University in Cairo (2)
- Brooklyn Law School (2)
- Maurer School of Law: Indiana University (2)
- Notre Dame Law School (2)
- Pace University (2)
- Roger Williams University (2)
- Schulich School of Law, Dalhousie University (2)
- Southern Methodist University (2)
- University of Colorado Law School (2)
- University of Washington School of Law (2)
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- Washington and Lee University School of Law (2)
- William & Mary Law School (2)
- Barry University School of Law (1)
- Boston University School of Law (1)
- Brigham Young University Law School (1)
- Keyword
-
- Civil procedure (8)
- Class actions (4)
- Forum non conveniens (4)
- Civil Procedure (3)
- Class action (3)
-
- Litigation (3)
- Personal jurisdiction (3)
- Alienage jurisdiction (2)
- Appeal (2)
- Appeals (2)
- Arbitration (2)
- Australia (2)
- Civil Law (2)
- Class Action Fairness Act (2)
- Discovery (2)
- Federal Court (2)
- Federal Rules of Civil Procedure (2)
- Federal court (2)
- Federalism (2)
- Immigration (2)
- Jurisdiction (2)
- Legislation (2)
- Pain (2)
- Personal injury (2)
- REAL ID Act (2)
- Remedies (2)
- Res judicata (2)
- Second Circuit (2)
- Statutory interpretation (2)
- United States Supreme Court (2)
- Publication
-
- Faculty Scholarship (11)
- Nevada Supreme Court Summaries (8)
- NYLS Law Review (6)
- Journal of Legal Education (4)
- Mercer Law Review (4)
-
- Cornell Law Faculty Publications (3)
- Faculty Publications (3)
- Journal Articles (3)
- Oklahoma Law Review (3)
- University of Richmond Law Review (3)
- American University Law Review (2)
- Archived Theses and Dissertations (2)
- Articles (2)
- Articles by Maurer Faculty (2)
- Articles, Book Chapters, & Popular Press (2)
- Faculty Journal Articles and Book Chapters (2)
- Law Faculty Publications (2)
- Publications (2)
- Scholarly Articles (2)
- Scholarly Works (2)
- UIC Law Review (2)
- Washington Law Review (2)
- All Faculty Scholarship (1)
- BYU Law Review (1)
- Cardozo Journal of Equal Rights & Social Justice (1)
- Cleveland State Law Review (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Works (1)
- Florida A & M University Law Review (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Publication Type
Articles 91 - 95 of 95
Full-Text Articles in Civil Procedure
A Modest Proposal: Recognizing (At Last) That The Federal Rules Do Not Declare That Discovery Is Presumptively Public, Richard L. Marcus
A Modest Proposal: Recognizing (At Last) That The Federal Rules Do Not Declare That Discovery Is Presumptively Public, Richard L. Marcus
Faculty Scholarship
No abstract provided.
Just Say 'No Fishing': The Lure Of Metaphor, Elizabeth G. Thornburg
Just Say 'No Fishing': The Lure Of Metaphor, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
The phrase "fishing expedition" is widely used in popular culture and in the law. In the case of metaphorical "fishing" in the law, reliance on the metaphor can act as a substitute for rigorous analysis, disguising the factors that influence a result. When used by the court, it is uninformative. Worse, the fishing metaphor may itself shape the way the court thinks about the kind of issue or claim involved. Accusations of "fishing" also affect the language and position of the litigants. Parties arguing against pleadings or discovery use the metaphor as a rhetorical weapon, stigmatizing their opponents, instead of …
Regarding Pained Sympathy And Sympathy Pains: Morality, And Empathy In The Civil Adjudication Of Pain, Jody L. Madeira
Regarding Pained Sympathy And Sympathy Pains: Morality, And Empathy In The Civil Adjudication Of Pain, Jody L. Madeira
Articles by Maurer Faculty
This Essay considers the legal propriety of the empathic responses of jurors to suffering plaintiffs. To that end, Part II first explicates the legal contours of a tension between what is experiential or physical (objective) and what is expressionistic or non-physical (subjective). This tension is a foundational jurisprudential concern in personal injury litigation because the subjective is seen to threaten the rule of law: the perceived primacy of reason and logic. Thus, this tension is also what the parties' attorneys seek to exploit and what the court seeks to constrain. Part III explores why an empathic identification is indeed a …
Recognizing Odysseus' Scar: Reconceptualizing Pain And Its Empathic Role In Civil Adjudication, Jody L. Madeira
Recognizing Odysseus' Scar: Reconceptualizing Pain And Its Empathic Role In Civil Adjudication, Jody L. Madeira
Articles by Maurer Faculty
This Article proffers a consideration of how the expression of pain impacts the interpersonal dimensions of personal injury proceedings, contesting through philosophical logic and textual analyses of case law and legal practitioners' texts the conclusion of scholars such as Elaine Scarry and Robert Cover that pain unmakes both the word and the world. Seeing pain as something that can and must be communicated, albeit in a different form than pain embodied, makes pain a much more profound force, comports with our understanding of pain as a physical yet interpersonally meaningful sensation, and has many evidentiary ramifications. Taking as its premise …
The Swift, Silent Sword Hiding In The (Defense) Attorney's Arsenal: The Inefficacy Of Georgia's New Offer Of Judgment Statute As Procedural Tort Reform, Merritt E. Mcalister
The Swift, Silent Sword Hiding In The (Defense) Attorney's Arsenal: The Inefficacy Of Georgia's New Offer Of Judgment Statute As Procedural Tort Reform, Merritt E. Mcalister
Georgia Law Review
Offer of judgment provisions, initially creatures of state law but codified in 1938 as Rule 68 of the Federal Rules of Civil Procedure, are neither widely used nor widely understood. Both federal and state offer of judgment rules operate to penalize a plaintiff who fails to accept, in light of the ultimate judgment, a reasonable settlement offer. Scholars have often criticized the federal rule's minimal impact as a tool to encourage settlement, and several states, including Georgia in a recent enactment, have made efforts to create offer of judgment provisions that provide severe penalties-attorney's fees and costs-for an offeree who …