Litigation Commons^™

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 …

Foreign Governments As Plaintiffs In U.S. Courts And The Case Against "Judicial Imperialism", Hannah L. Buxbaum

Articles by Maurer Faculty

One consequence of the increasingly transnational nature of civil litigation is that U.S. courts must frequently address the interests of foreign sovereigns. These interactions arise primarily in three contexts: when a foreign government is the defendant in a U.S. court; when a claim requires a U.S. court to scrutinize actions taken by a foreign government; and when a U.S. court seeks to apply U.S. law to persons or conduct within a foreign government’s borders. Each of these contexts invokes a narrative in which the engagement of U.S. courts interferes or conflicts with the prerogatives of a foreign sovereign. As a …

The Class Action As Trust, Sergio J. Campos

Articles

No abstract provided.

Corporate Darwinism: Disciplining Managers In A World With Weak Shareholder Litigation, James D. Cox, Randall S. Thomas

Faculty Scholarship

Because representative shareholder litigation has been constrained by numerous legal developments, the corporate governance system has developed new mechanisms as alternative means to address managerial agency costs. We posit that recent significant governance developments in the corporate world are the natural consequence of the ineffectiveness and inefficiency of shareholder suits to address certain genre of managerial agency costs. We thus argue that corporate governance responses evolve to fill voids caused by the inability of shareholder suits to monitor and discipline corporate managers.

We further claim that these new governance responses are themselves becoming stronger due in part to the rising …

A New "Prospective" On Advance Waivers Of Conflict In Georgia, Charles G. Spalding Jr.

Georgia Law Review

As law firms and their corporate clients continue to expand into different legal jurisdictions, and since the conflict of one attorney is imputed to the attorney's firm, the potential for conflicts of interest increases. A law firm retained to advise a corporate subsidiary in a minor matter in one state may be disqualified from another, more significant matter in a different jurisdiction if the potential client is adverse to the parent company in the initial representation. Without a method for prospective waiver of conflicts, a law firm's only recourse is seeking the consent of the currently represented client. To avoid …

Colorado Rule Of Evidence 502: Preserving Privilege And Work Product Protection In Discovery, Christopher B. Mueller, Ronald J. Hedges, Lino S. Lipinsky

Publications

No abstract provided.

Saving The Public Interest Class Action By Unpacking Theory And Doctrinal Functionality, Suzette M. Malveaux

Publications

No abstract provided.