With Apologies To Paxton Blair,
2013
University of Georgia Law School
With Apologies To Paxton Blair, Peter B. Rutledge
Scholarly Works
Much has been written on the forum non conveniens doctrine, yet I nonetheless believe that recent developments in related areas still enable scholars to offer an original perspective on the subject. In this brief essay, I advance the following thesis: the forum non conveniens doctrine developed in response to a specific set of doctrines and specific social phenomena. The waning of some of those doctrines have diminished though not altogether eliminated the need for forum non conveniens, which always has had a suspect status following Erie’s declaration that there is “no federal general common law.” While it is most certainly …
Erie's International Effect: A Reply,
2013
Northwestern Pritzker School of Law
Erie's International Effect: A Reply, Donald Earl Childress Iii
NULR Online
No abstract provided.
Is The Antidiscrimination Project Being Ended?,
2013
Loyola University Chicago, School of Law
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
Walking The Class Action Maze: Toward A More Functional Rule 23,
2013
University of Texas School of Law
Walking The Class Action Maze: Toward A More Functional Rule 23, Robert G. Bone
University of Michigan Journal of Law Reform
Over roughly the past fifteen years, the Supreme Court and lower federal courts have limited access to class actions. Many of the more restrictive decisions-such as Amchem Products, Inc. v. Windsor, Ortiz v. Fibreboard Corp., and Wal- Mart Stores, Inc. v. Dukes-are based on interpretations of Rule 23 and thus fall within the power of the Advisory Committee and rulemaking process to modify. This Article proposes revisions to Rule 23 designed to deal with some of these decisions and to make the class action a more pragmatic and functional device. It focuses on two areas: (1) the constraints imposed by …
The Future Of Classwide Punitive Damages,
2013
New York University School of Law
The Future Of Classwide Punitive Damages, Catherine M. Sharkey
University of Michigan Journal of Law Reform
Conventional wisdom holds that the punitive damages class action is susceptiblenot only to doctrinal restraints imposed on class actions but also to constitutionaldue process limitations placed on punitive damages. Thus, it would seem that theprospects for punitive damages classes are even grimmer than for class actionsgenerally.This conventional picture misunderstands the role of punitive damages and, inparticular, the relationship between class actions and punitive damages. It eitherignores or underestimates the distinctly societal element of punitive damages, whichmakes them especially conducive to aggregate treatment. Furthermore, punitivedamages classes offer a solution to the constitutional due process problem of juriesawarding "classwide" damages in a …
To Skin A Cat: Qui Tam Actions As A State Legislative Response To Concepcion,
2013
Stanford Law School
To Skin A Cat: Qui Tam Actions As A State Legislative Response To Concepcion, Janet Cooper Alexander
University of Michigan Journal of Law Reform
The Supreme Court's decision in Concepcion is widely regarded as heralding the demise of small-claims class actions whenever contracts of adhesion are involved in the transaction-which means for virtually all consumer and employment claims. Amending the Federal Arbitration Act to overturn Concepcion would be a relatively simple exercise in legislative drafting, but in the current political climate such efforts are unlikely to succeed. Thus far, proposed federal corrective legislation has failed to pass, and federal agency regulation of class waivers has been lacking. State legislatures might have the political ability to pass corrective legislation, but virtually all state limitations on …
The Odd State Of Twiqbal Plausibility In Pleading Affirmative Defenses ,
2013
Washington and Lee University School of Law
The Odd State Of Twiqbal Plausibility In Pleading Affirmative Defenses , William M. Janssen
Washington and Lee Law Review
No abstract provided.
Class Action Litigation After Dukes: In Search Of A Remedy For Gender Discrimination In Employment,
2013
University of Michigan
Class Action Litigation After Dukes: In Search Of A Remedy For Gender Discrimination In Employment, Cindy A. Schipani, Terry Morehead Dworkin
University of Michigan Journal of Law Reform
In this Article we argue for substantial reforms to our system of combating workplace gender discrimination in light of the Supreme Court's ruling in Wal-Mart Stores, Inc. v. Dukes. To help counter discrimination victims' decreasing access to the courts, our proposals call for a narrow construction of the holding of Dukes. At the same time, agencies such as the Equal Employment Opportunity Commission (EEOC), the Office of Federal Contract Compliance Programs (OFCCP), and the Securities and Exchange Commission (SEC) can better use their regulatory authority to address gender discrimination. Further, regulatory agencies, arbitrators, and courts can mandate mentoring programs to …
Concepcion's Pro-Defendant Biasing Of The Arbitration Process: The Class Counsel Solution,
2013
Harvard Law School
Concepcion's Pro-Defendant Biasing Of The Arbitration Process: The Class Counsel Solution, David Korn, David Rosenberg
University of Michigan Journal of Law Reform
By mandating that numerous plaintiffs litigate their common question claims separately in individual arbitrations rather than jointly in class action arbitrations, the Supreme Court in AT&T Mobility LLC v. Concepcion entrenched a potent structural and systemic bias in favor of defendants. The bias arises from the parties' divergent stakes in the outcome of the common question litigation in individual arbitrations: each plaintiff will only invest to maximize the value of his or her own claim, but the defendant has an incentive to protect its entire exposure and thus will have a classwide incentive to invest more in contesting common questions. …
Summary Of Brown V. Mhc Stagecoach, Llc, 129 Nev. Adv. Op. 37,
2013
Nevada Law Journal
Summary Of Brown V. Mhc Stagecoach, Llc, 129 Nev. Adv. Op. 37, Katelyn M. Franklin
Nevada Supreme Court Summaries
The Court considered Brown’s appeal from a district court’s order statistically closing her employment discrimination case against MHC Stagecoach LLC (MHC). The Court held that a form order statistically closing a case is not an appealable judgment under Nevada Rule of Appellate Procedure 3A(b)(1).
Summary Of Chapman V. Deutsche Bank Nat'l Trust Co., 129 Nev. Adv. Op. 34,
2013
Nevada Law Journal
Summary Of Chapman V. Deutsche Bank Nat'l Trust Co., 129 Nev. Adv. Op. 34, Timothy A. Wiseman
Nevada Supreme Court Summaries
The Court considered whether a quiet title action was characterized as in personam, in rem, or quasi in rem. The Court also considered whether an action for unlawful detainer was characterized as in personam, in rem, or quasi in rem.
Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive,
2013
Touro University Jacob D. Fuchsberg Law Center
Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive, Richard C. Cahn
Touro Law Review
No abstract provided.
A Barrier To Child Welfare Reform: The
Supreme Court’S Flexible Approach To
Federal Rule Of Civil Procedure 60(B)(5)
And Granting Relief To States In
Institutional Reform Litigation,
2013
Seattle University School of Law
A Barrier To Child Welfare Reform: The Supreme Court’S Flexible Approach To Federal Rule Of Civil Procedure 60(B)(5) And Granting Relief To States In Institutional Reform Litigation, Rachel Dunnington
Seattle University Law Review
In a recent decision, Horne v. Flores, the Court demanded a broader and more flexible application of Federal Rule of Civil Procedure (Rule) 60(b)(5). In doing so, the Court opened the door for states to seek relief from court-enforced agreements like consent decrees. This decision undermines the use of institutional reform litigation as a means of fixing the child welfare system and thus deals a further blow to the nation’s most vulnerable citizens. This Note will discuss Horne’s impact on consent decrees stemming from institutional reform litigation in child welfare. Part II will explore the history of Rule 60 as …
The Scope Of Discovery Of Legal Ethics In Class Action Litigation,
2013
Pepperdine University
The Scope Of Discovery Of Legal Ethics In Class Action Litigation, Bernard W. Freedman
Pepperdine Law Review
No abstract provided.
Book Reviews,
2013
Pepperdine University
Book Reviews, James D. Mcgoldrick, Charles I. Nelson
Pepperdine Law Review
No abstract provided.
Summary Of Sylver V. Regents Bank, N.A., 129 Nev. Adv. Op. 30,
2013
Nevada Law Journal
Summary Of Sylver V. Regents Bank, N.A., 129 Nev. Adv. Op. 30, Kelli Michelle Devaney
Nevada Supreme Court Summaries
Consolidated appeals from a district court order confirming an arbitration award and an amended judgment and order of sale, in which the Court considered two issues: (1) whether an arbitration awards was obtained through undue means and (2) whether the arbitrator’s refusal to void a loan in the underlying dispute constituted a manifest disregard for the law.
Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata,
2013
Pepperdine University
Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata, Matt Bove
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
When Dicta Attacks: Elliott V. Commodity Futures Trading Commission,
2013
Pepperdine University
When Dicta Attacks: Elliott V. Commodity Futures Trading Commission, Joanna E. Barnes
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act ,
2013
Pepperdine University
Adjudications By Administrative Law Judges Pursuant To The Social Security Act Are Adjudications Pursuant To The Administrative Procedure Act , Robin J. Arzt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Parental Kidnapping Prevention Act: Thirty Years Later And Of No Effect? Where Can The Unwed Father Turn?,
2013
Pepperdine University
The Parental Kidnapping Prevention Act: Thirty Years Later And Of No Effect? Where Can The Unwed Father Turn?, Rebecca Miller
Pepperdine Law Review
In 1980, the federal government passed the Parental Kidnapping Prevention Act (PKPA), designed to prevent parents from attempting to “forum shop” to gain an advantage in custody disputes. A recent Utah Supreme Court decision held that jurisdiction challenges under the PKPA are waived if not raised in the lower court. This Article argues that this decision runs counter to the purpose behind the PKPA and sets a dangerous precedent. It calls for the Supreme Court to interpret the ambiguous provisions of the PKPA to resolve inconsistent rulings and protect the rights of unwed fathers.
