Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (1481)
- Litigation (1195)
- Civil Law (1044)
- Constitutional Law (965)
- Jurisdiction (751)
-
- State and Local Government Law (747)
- Criminal Procedure (711)
- Torts (688)
- Supreme Court of the United States (616)
- Jurisprudence (609)
- Judges (551)
- Legislation (550)
- Administrative Law (539)
- Evidence (525)
- Criminal Law (509)
- Civil Rights and Discrimination (498)
- Dispute Resolution and Arbitration (497)
- Legal History (487)
- International Law (468)
- Contracts (467)
- Business Organizations Law (444)
- Conflict of Laws (441)
- Family Law (430)
- Law and Society (429)
- Legal Remedies (402)
- Law and Politics (393)
- Legal Profession (393)
- Other Law (388)
- Institution
-
- University of Michigan Law School (607)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (382)
- West Virginia University (295)
- University of Richmond (259)
- Seattle University School of Law (254)
-
- Washington and Lee University School of Law (229)
- University at Buffalo School of Law (184)
- University of Washington School of Law (170)
- Maurer School of Law: Indiana University (164)
- William & Mary Law School (156)
- Villanova University Charles Widger School of Law (140)
- Touro University Jacob D. Fuchsberg Law Center (139)
- University of Kentucky (136)
- Universitas Indonesia (126)
- University of Georgia School of Law (122)
- Pepperdine University (119)
- Cornell University Law School (115)
- Fordham Law School (109)
- UIC School of Law (104)
- University of Oklahoma College of Law (97)
- University of Maryland Francis King Carey School of Law (91)
- Brigham Young University Law School (89)
- The University of Akron (89)
- Roger Williams University (88)
- St. Mary's University (85)
- Mercer University School of Law (79)
- Texas A&M University School of Law (79)
- Cleveland State University (72)
- University of Maine School of Law (68)
- Yeshiva University, Cardozo School of Law (67)
- Keyword
-
- Civil procedure (521)
- Federal Rules of Civil Procedure (376)
- Civil Procedure (293)
- Discovery (185)
- Jurisdiction (181)
-
- Litigation (141)
- Class actions (136)
- Federal courts (121)
- Supreme Court (103)
- Procedure (93)
- Juries (92)
- Evidence (90)
- Due process (86)
- Personal jurisdiction (86)
- Courts (85)
- Pleading (81)
- Standing (77)
- Class action (74)
- Arbitration (70)
- Constitution (61)
- Rule 23 (61)
- New York (60)
- Constitutional law (59)
- Federal Courts (59)
- Law (59)
- Civil rights (58)
- Pleadings (58)
- Remedies (58)
- United States Supreme Court (56)
- Judges (52)
- Publication Year
- Publication
-
- Michigan Law Review (418)
- Faculty Scholarship (331)
- West Virginia Law Review (293)
- Nevada Supreme Court Summaries (258)
- Seattle University Law Review (228)
-
- Buffalo Law Review (169)
- Scholarly Works (156)
- Articles (146)
- Washington Law Review (144)
- Faculty Publications (141)
- University of Richmond Law Review (126)
- Law Faculty Publications (123)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Touro Law Review (120)
- Villanova Law Review (1956 - ) (116)
- Kentucky Law Journal (115)
- Washington and Lee Law Review (111)
- Cornell Law Faculty Publications (104)
- Indiana Law Journal (90)
- UIC Law Review (83)
- Faculty Articles (81)
- BYU Law Review (79)
- Mercer Law Review (78)
- Pepperdine Law Review (78)
- Akron Law Review (72)
- Fordham Law Review (72)
- Supreme Court Case Files (70)
- St. Mary's Law Journal (69)
- Articles by Maurer Faculty (65)
- Maine Law Review (64)
- Publication Type
- File Type
Articles 3061 - 3090 of 6649
Full-Text Articles in Civil Procedure
Iqbal, Twombly, And The Expected Cost Of False Positive Error, Mark Anderson
Iqbal, Twombly, And The Expected Cost Of False Positive Error, Mark Anderson
Articles
Iqbal and Twombly introduced a new standard for pleading federal claims by overruling five-decades old language from Conley v. Gibson. Instead of plaintiffs being entitled to discovery unless the complaint affirmatively forecloses the possibility of recovery, Iqbal and Twombly require a more searching evaluation of the complaint under an ambiguous "plausibility" standard. The policy behind this increased burden on plaintiffs is to prevent the false positive error that burdensome discovery creates. How the plausibility standard from Iqbal and Twombly should operate in the real world is poorly understood. There is general acknowledgement that no clear guidance exists about how to …
Proportionality In Discovery: A Cautionary Tale, John L. Carroll
Proportionality In Discovery: A Cautionary Tale, John L. Carroll
Campbell Law Review
"There has been widespread criticism of the abuse of discovery."' That statement comes not from a recent edition of the Defense Research Institute newsletter but from the Advisory Committee notes to the 1980 amendment that gave us the Rule 26(f) conference. Discovery abuse and the increase in the cost of litigation that flows from such abuse has been a constant theme emerging from analysis of the civil justice system.
Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman
Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman
Faculty Publications
Understanding the twin pleading cases of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal from the vantage point of only a few months (or even years) requires as much prediction as explanation. Early confusion is a product of the long-heralded link between substance and procedure. What we are seeing now may be less about Court-imposed changes to procedure as about changes to substantive law and a "mismatch " between new substance and the old procedure of the Federal Rules. Much of the current business of federal courts involves constitutional litigation under 42 U.S. C. §S 1983 and Bivens, …
Removing The Blindfold And Tipping The Scales: The Unintended Lesson Of Ashcroft V. Iqbal Is That Frivolous Lawsuits May Be Important To Our Nation, Kenneth S. Klein
Removing The Blindfold And Tipping The Scales: The Unintended Lesson Of Ashcroft V. Iqbal Is That Frivolous Lawsuits May Be Important To Our Nation, Kenneth S. Klein
Faculty Scholarship
This Article questions whether the gain of curbing perceived frivolous litigation is worth the cost of undermining the core civic value of neutrality of justice. In Ashcroft v. Iqbal, the Supreme Court weighed in on the public debate about frivolous litigation. The lqbal opinion is essentially a memorandum by the Supreme Court written to the trial judges of America, encouraging these judges to aggressively, indeed very aggressively, identify and dismiss potentially frivolous civil complaints. That leeway-wrapped mandate comes at a cost. A cornerstone of our civic philosophy is that the judicial branch, as a general proposition, is a neutral …
Hydrogen Peroxide: The Third Circuit Comes Clean About The Rule 23 Class Action Certification Standard, Amy Dudash
Hydrogen Peroxide: The Third Circuit Comes Clean About The Rule 23 Class Action Certification Standard, Amy Dudash
Villanova Law Review (1956 - )
No abstract provided.
Tremors Of Things To Come: The Great Split Between Federal And State Pleading Standards, Roger Michalski
Tremors Of Things To Come: The Great Split Between Federal And State Pleading Standards, Roger Michalski
Faculty Articles
No abstract provided.
The Federal Rules Of Civil Procedure And Legal Realism As A Jurisprudence Of Law Reform, David Marcus
The Federal Rules Of Civil Procedure And Legal Realism As A Jurisprudence Of Law Reform, David Marcus
Georgia Law Review
Since the 1930s, legal realism has weathered claims that its adherents had no use for legal rules and lacked a positive program of law reform. This Article uses the Federal Rules of Civil Procedure, the major procedural reform of the twentieth century, to illuminate more accurately the treatment of rules in realism as well as its constructive potential. It draws upon the published and unpublished writings of Charles Clark, the primary author of the Federal Rules and a leading realist, to describe a realist procedural jurisprudence and to explain why the Federal Rules neatly illustrate this jurisprudence in practice. Part …
What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss
What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss
American University Law Review
No abstract provided.
Six Decrees Of Separation: Settlement Agreements And Consent Orders In Federal Civil Litigation, Anthony Disarro
Six Decrees Of Separation: Settlement Agreements And Consent Orders In Federal Civil Litigation, Anthony Disarro
American University Law Review
No abstract provided.
Piped In: The Tenth Circuit Weighs In On Extending American Pipe Tolling In State Farm Mutual Automobile Insurance Co. V. Boellstorff, Caleb Brown
Oklahoma Law Review
No abstract provided.
Pleading In Ohio After Bell Atlantic V. Twombly And Ashcroft V. Iqbal: Why Ohio Shouldn't Notice A Change, Alana C. Jochum
Pleading In Ohio After Bell Atlantic V. Twombly And Ashcroft V. Iqbal: Why Ohio Shouldn't Notice A Change, Alana C. Jochum
Cleveland State Law Review
Ohio has only briefly addressed the entrance of Bell Atlantic onto the pleading stage, and, thus far, Ohio state courts have mostly retained the Conley standard for determining pleadings. However, multiple pleading standards are emerging, making the issue ripe for a determination by the Supreme Court of Ohio as to what the true pleading standard is for Ohio. This Note will explain why Ohio should preserve Conley, even if doing so diverges from the original intent of federal-state uniformity embodied by the Federal Rules of Civil Procedure.
Colon Santos V. Cooperativa De Seguros Multiples Y El Aparente Conflicto Entre Las Doctrinas De La Solidaridad Y La Inmunidad, 79 Rev. Jur. U.P.R. 1091 (2010), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Plaintiff's Motion To Remand Denied: Arguing For Pre-Service Removal Under The Plain Language Of The Forum-Defendant Rule, Matthew Curry
Plaintiff's Motion To Remand Denied: Arguing For Pre-Service Removal Under The Plain Language Of The Forum-Defendant Rule, Matthew Curry
Cleveland State Law Review
This Note will examine all sides of the district court split and ultimately argue in favor of the plain language of the forum-defendant rule to permit pre-service removal.
'Canada' In Electronic Evidence, Steve Coughlan
'Canada' In Electronic Evidence, Steve Coughlan
Articles, Book Chapters, & Popular Press
Canada is a bilingual and bi-jurisdictional country. Most provinces and territories are mainly English speaking and have common law as the basis for their legal system. The exception is the province of Quebec which is governed by civil law and where the majority speaks French. However, it must be noted that Quebec civil law has been substantially affected by common law, in particular with respect to discovery rules. The latter are closer to common law discovery rules than they are from, for instance, French civil law. Another important factor for the review of the management of digital evidence in Canada …
The Supreme Court's Legislative Agenda To Free Government From Accountability For Constitutional Deprivations, Gary S. Gildin
The Supreme Court's Legislative Agenda To Free Government From Accountability For Constitutional Deprivations, Gary S. Gildin
Faculty Scholarship
In Bell Atlantic Corp. v. Twombly, the Supreme Court adopted a new standard of factual particularity a plaintiff must meet to satisfy the requirement of Federal Rule of Civil Procedure 8(a)(2) that a complaint plead a “short and plain statement of the claim showing that the pleader is entitled to relief.” In Ashcroft v. Iqbal, the Court made clear that the Twombly pleading standard extended to civil actions seeking redress for deprivation of constitutional rights in particular, and universally to all Complaints filed in federal court. Commentators have debated whether after Iqbal, victims of constitutional wrongdoing will be able to …
The Irrepressible Influence Of Byrd, Richard D. Freer, Thomas Arthur
The Irrepressible Influence Of Byrd, Richard D. Freer, Thomas Arthur
Faculty Articles
We set forth four interrelated theses in this article. First, Byrd is the only Supreme Court case since Erie itself to discuss all three of the core interests balanced, expressly or not, in every vertical choice of law case. Second, because Hanna's "twin aims" test ignores two of these three core interests, it cannot adequately serve as the standard for cases under the Rules of Decision Act ("RDA"). This fact is evidenced by the Court's eschewing the twin aims test in cases, like Gasperini, where state and federal interests must be accommodated. Third, as all three opinions in …
The Bankruptcy Hegemon: Section 524(A) And Its Effect On State And Federal Comity, Benjamin Margulis
The Bankruptcy Hegemon: Section 524(A) And Its Effect On State And Federal Comity, Benjamin Margulis
Cardozo Law Review
No abstract provided.
If We Don’T Get Civil Gideon: Trying To Make The Best Of The Civil-Justice Market, Thomas D. Rowe Jr.
If We Don’T Get Civil Gideon: Trying To Make The Best Of The Civil-Justice Market, Thomas D. Rowe Jr.
Faculty Scholarship
This article considers what market-oriented or market-regulation approaches might be most practical and helpful in trying to satisfy unmet civil legal-service needs and how much it appears that such approaches may be able to succeed in doing so.
All Rise! Standing In Judge Betty Fletcher’S Court, Thomas D. Rowe Jr.
All Rise! Standing In Judge Betty Fletcher’S Court, Thomas D. Rowe Jr.
Faculty Scholarship
In this essay, based on a talk given at the Washington Law Review’s March 2009 symposium in honor of Senior Ninth Circuit Judge Betty Binns Fletcher and her three decades of service on that court, I selectively survey her opinions on justiciability issues: standing, ripeness, mootness, and political questions. A significant starting point for this survey is Professor Richard Pierce’s 1999 law review article, Is Standing Law or Politics?, arguing that many Supreme Court votes in standing cases generally, and appellate judges’ votes in environmental-standing cases specifically, can be explained better on the basis of politics than by reference to …
Portraits Of Resistance: Lawyer Responses To Unjust Proceedings, Alexandra Lahav
Portraits Of Resistance: Lawyer Responses To Unjust Proceedings, Alexandra Lahav
Faculty Articles and Papers
This Article considers a question rarely addressed: what is the role of the lawyer in a manifestly unjust procedural regime? Many excellent studies have considered the role of the judge in unjust regimes, but the lawyer’s role has been largely ignored. This Article draws on two case studies: that of lawyers representing civil rights leaders during protests in Birmingham, Alabama in 1963 and that of lawyers representing detainees facing military commission proceedings in Guantánamo Bay, Cuba. These portraits illuminate the role of the lawyer in a procedurally unjust tribunal operating within a larger liberal legal regime such as our own. …
The Poor As A Suspect Class Under The Equal Protection Clause: An Open Constitutional Question, Henry Rose
The Poor As A Suspect Class Under The Equal Protection Clause: An Open Constitutional Question, Henry Rose
Faculty Publications & Other Works
Both judges and legal scholars assert that the United States Supreme Court has held that the poor are neither a quasi-suspect nor a suspect class under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. They further assert that this issue was decided by the Supreme Court in San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973). It is the thesis of this article that the Supreme Court has not yet decided whether the poor are a quasi-suspect or a suspect class under Equal Protection. In fact, the majority in San Antonio Independent School …
Integrity And The Incongruities Of Justice: A Review Of Daniel Markovits, A Modern Legal Ethics, Benjamin C. Zipursky
Integrity And The Incongruities Of Justice: A Review Of Daniel Markovits, A Modern Legal Ethics, Benjamin C. Zipursky
Faculty Scholarship
Daniel Markovits’ recent book, A Modern Legal Ethics: Adversary Advocacy in a Democratic Age, begins by articulating an ethical quandary common to litigators: how can I advocate zealously for a client whose story might not be true and whose causes might not be just? In Markovits’ hands, the dilemmas of the adversary advocate are transformed into a philosophical puzzle about the nature of integrity and the very idea of fidelity to a client. Lawyers face a far more onerous ethical burden than is sometimes recognized, Markovits argues, for the adversary advocate in our legal system is professionally obligated to lie …
Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil
Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil
CMC Senior Theses
According to the Department of Homeland Security, Office of Immigration Statistic, California accounts for approximately 2,600,000 illegal immigrants in 2009. This number represents about 25 percent of the entire estimated illegal immigrant population in the United States, which is roughly 10.8 million. Between 2003 and 2008, the U.S. government removed 1,446,338 noncitizens from the United States. This rise in deportation is a result o the changes that have been enacted by the federal government over the years that transformed the nature of immigration enforcement. This thesis explores the California Immigration Enforcement system from the programs established to apprehend illegal aliens …
Estate Of Pew V. Cardarelli, Natallia Krauchuk
12th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2010, Department Of Attorney General, State Of Rhode Island
12th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2010, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Personal Jurisdiction Over Non-Resident Class Members: Have We Gone Down The Wrong Road?, Tanya Monestier
Personal Jurisdiction Over Non-Resident Class Members: Have We Gone Down The Wrong Road?, Tanya Monestier
Law Faculty Scholarship
No abstract provided.
Civil Gideon: The Poor Man's Fight, Lee Shevell
Civil Gideon: The Poor Man's Fight, Lee Shevell
Public Interest Law Reporter
No abstract provided.
United States Ex Rel. Drc, Inc. V. Custer Battles, Llc: A Brutal Battle Foreshadowing The Future Of False Claims Act Litigation, Kathleen H. Harne
United States Ex Rel. Drc, Inc. V. Custer Battles, Llc: A Brutal Battle Foreshadowing The Future Of False Claims Act Litigation, Kathleen H. Harne
Maryland Law Review Online
No abstract provided.
Facilitating Wage Theft: How Court Use Procedural Rules To Undermine Substantive Rights Of Low-Wage Workers, Nantiya Ruan
Facilitating Wage Theft: How Court Use Procedural Rules To Undermine Substantive Rights Of Low-Wage Workers, Nantiya Ruan
Scholarly Works
In race and sex discrimination class actions, if a defendant employer makes a Rule 68 offer of judgment to the named plaintiffs, courts routinely refuse to dismiss the class claims. In stark contrast, in collective actions for failure to pay lawful wages, if a defendant employer makes a Rule 68 offer of judgment, courts will often dismiss the entire collective action as having been mooted by the named plaintiffs’ recovery. The outcome of such a dichotomy is that low-wage workers are increasingly unable to challenge unlawful wage violations successfully because the aggregation mechanism is too easily defeated. Without an ability …
Kesalahan-Kesalahan Matrimoni Dalam Kes Perceraian Di Luar Mahkamah Dan Tanpa Kebenaran Mahkamah : Kajian Di Mahkamah Syariah Negeri Selangor Darul Ehsan., Mazlan Abd Manan
Kesalahan-Kesalahan Matrimoni Dalam Kes Perceraian Di Luar Mahkamah Dan Tanpa Kebenaran Mahkamah : Kajian Di Mahkamah Syariah Negeri Selangor Darul Ehsan., Mazlan Abd Manan
Student Works (2010-2019)
There is no specific nas (justification) provided in the Al-Quran and the Al-Sunnah with regards to divorce outside the Court without due permission. However, over the years this ongoing problem has led the scholars to view their justifications on the matter. In view of this, the purpose of this dissertation is to feature the study on divorce cases outside Court and without the Court’s permission and its implementation to Malaysian law specifically in reference to cases from the Syariah Courts in Selangor. The Selangor Islamic Family Law Enactment 1984 for instance, as proposed by the Syariah Court has come up …