Jurisdictional Sequencing,
2013
Washington and Lee University School of Law
Jurisdictional Sequencing, Alan M. Trammell
Scholarly Articles
Jurisdictional sequencing taps into fundamental questions about the nature and role of subject matter jurisdiction and what, if anything, a court may do before it has established jurisdiction. Because the Supreme Court has not rooted the doctrine in a clear theory, jurisdictional sequencing has engendered confusion among judges and scholars, who have been at a loss to explain it. Although a number of courts have embraced the leeway that the doctrine offers—the ability to dismiss a case on easier grounds before taking up harder jurisdictional questions—most scholars have criticized it as illegitimate or incoherent. This Article is the first to …
Evolutionary Pull, Practical Difficulties, And Ethical
Boundaries: Using Facebook To Serve Process On
International Defendants,
2013
Pacific McGeorge School of Law
Evolutionary Pull, Practical Difficulties, And Ethical Boundaries: Using Facebook To Serve Process On International Defendants, Hans Van Horn
Global Business & Development Law Journal
No abstract provided.
Goodyear And Hertz: Reconciling Two Recent Supreme Court Decisions,
2013
University of St. Thomas School of Law
Goodyear And Hertz: Reconciling Two Recent Supreme Court Decisions, Lindsey D. Blanchard
McGeorge Law Review
No abstract provided.
State V. Worthen: Demonstrating Utah's Need For An Expanded, Absolute Victim-Counselor Testimonial Privilege,
2013
SJ Quinney College of Law, University of Utah
State V. Worthen: Demonstrating Utah's Need For An Expanded, Absolute Victim-Counselor Testimonial Privilege, Barry G. Stratford
Utah OnLaw: The Utah Law Review Online Supplement
Evidentiary privileges have generated disagreement since they were first recognized in the law. These privileges exist to prevent a witness from being compelled to disclose certain information. Such protections acknowledge that certain relationships or communications are so important in society that they warrant heightened confidentiality. A number of privileges are designed to protect communications made during professional relationships. These include the relationship between attorney and client, physician and patient, psychotherapist and patient, and clergyman and penitent. In practice, these privileges require “some sacrifice of availability of evidence relevant to the administration of justice.” When parties seek communications and records arising …
Bridging The Stream Of Commerce: Recommendations For
Living In The Post-Nicastro Era,
2013
Pacific McGeorge School of Law
Bridging The Stream Of Commerce: Recommendations For Living In The Post-Nicastro Era, Amanda Iler
McGeorge Law Review
No abstract provided.
Some Thoughts On The Pilot Program For Simultaneous Disclosure Of Expert Witnesses In Cook County, 46 J. Marshall L. Rev. 1181 (2013),
2013
UIC School of Law
Some Thoughts On The Pilot Program For Simultaneous Disclosure Of Expert Witnesses In Cook County, 46 J. Marshall L. Rev. 1181 (2013), Margaret Connery
UIC Law Review
No abstract provided.
Run Through The Wringer: How Cleaning Industry Franchisors Exploit Franchisees' Hope For An American Dream, 47 J. Marshall L. Rev. 827 (2013),
2013
UIC School of Law
Run Through The Wringer: How Cleaning Industry Franchisors Exploit Franchisees' Hope For An American Dream, 47 J. Marshall L. Rev. 827 (2013), John Dunne
UIC Law Review
No abstract provided.
Professor Edward Cooper: The Quintessential Reporter,
2013
University of California
Professor Edward Cooper: The Quintessential Reporter, Mary Kay Kane
University of Michigan Journal of Law Reform
Ed Cooper's twenty-year service as the Chief Reporter for the Civil Rules Advisory Committee deserves special recognition and tribute not only because of its longevity-which is remarkable in and of itself-but more particularly, because of the scope and depth of the rule changes he has helped to shepherd into law.
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys,
2013
Barry University
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys, Mitchell J. Frank, Osvaldo F. Morera
Faculty Scholarship
No abstract provided.
Using The Scientific Method In The Law: Examining State Interlocutory Appeals Procedures That Would Improve Uniformity, Efficiency, And Fairness In The Federal Appellate System,
2013
Cleveland State University
Using The Scientific Method In The Law: Examining State Interlocutory Appeals Procedures That Would Improve Uniformity, Efficiency, And Fairness In The Federal Appellate System, Hannah M. Smith
Cleveland State Law Review
[T}he current use of the federal interlocutory appeal process operates much like an appeal-less system. A pretrial motion is filed, the interlocutory order is given, and the petition for interlocutory review is usually denied. Thus, the case continues. It may continue into settlement negotiations or go to trial where the losing party files an appeal. That final appeal could find that the lower court erred, rendering that trial meritless. In reaching any of those stages, the adversely affected party more than likely devoted unnecessary time, resources, and finances in the case. Additionally, the parties are often unable to predict success …
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants,
2013
American University, Washington College of Law
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew Popper
Scholarly Articles in Law Reviews & Journals
The focus of this article is on the difficulty of securing in personam jurisdiction over foreign entities who steal information technology and intellectual property (IT and IP). The value of stolen IT and IP is somewhere in the range of a trillion dollars over the last decade. Given the current inability to prevent those losses or deter meaningfully those engaged in the misconduct, the article explores the core of the problem: the difficulty of satisfying the minimum contact/fairness requirements of Article III courts. The article addresses several alternative approaches that might allow for more efficient protection of IT and IP. …
Reversing Course: A Critique Of The Court Of Appeals New Rules For Unjust Enrichment And Criminal Legal Malpractice Actions,
2013
Elisabeth Haub School of Law at Pace University
Reversing Course: A Critique Of The Court Of Appeals New Rules For Unjust Enrichment And Criminal Legal Malpractice Actions, Jay C. Carlisle Ii
Elisabeth Haub School of Law Faculty Publications
This article will discuss recent developments by the New York Court of Appeals on the doctrine of unjust enrichment and on the elimination of non-pecuniary damages in criminal legal malpractice actions. Specifically, the article will examine the cases of Georgia Malone & Co. v. Ralph Rieder and Dombrowski v. Bulson.
Joinder Under The Aia: Shifting Non-Practicing Entity Patent Assertions Away From Small Businesses,
2013
University of Michigan Law School
Joinder Under The Aia: Shifting Non-Practicing Entity Patent Assertions Away From Small Businesses, Xun Liu
Michigan Telecommunications & Technology Law Review
When the America Invents Act ("AIA ") was signed in September 2011, many feared the law might benefit larger corporations at the expense of small businesses. This Note examines how one portion of the AIA, governing joinder in patent cases, might actually benefit small businesses by reducing patent assertions from non-practicing entities ("NPEs"). NPE assertions disproportionately affect small businesses, both because NPEs target small businesses more frequently and because patent assertions have a greater impact on individual companies. Prior to the AIA, joining multiple defendants in a single lawsuit offered important advantages for patent holders and allowed NPEs to achieve …
Voir Dire In The #Lol Society: Jury Selection Needs Drastic Updates To Remain Relevant In The Digital Age, 47 J. Marshall L. Rev. 459 (2013),
2013
UIC School of Law
Voir Dire In The #Lol Society: Jury Selection Needs Drastic Updates To Remain Relevant In The Digital Age, 47 J. Marshall L. Rev. 459 (2013), Zachary Mesenbourg
UIC Law Review
No abstract provided.
Protecting The Right Of Citizens To Aggregate Small Claims Against Businesses,
2013
Duke University
Protecting The Right Of Citizens To Aggregate Small Claims Against Businesses, Paul D. Carrington
University of Michigan Journal of Law Reform
Two years ago I ranted against the Supreme Court's subversion of the Rules Enabling Act and its opposition to the benign aims of the twentieth-century progressive law reformers expressed summarily in Rule 1 of our Federal Rules of Civil Procedure. I observed then that the majority of the Justices of the Supreme Court appeared to have joined the Chamber of Commerce, aligning themselves also with Vice President Dan Quayle's 1989 Council on Competitiveness that denounced effective civil procedure as an enemy of economic development. I was then commenting adversely on what the Court had done to transform Rule 8. I …
They Were Meant For Each Other: Professor Edward Cooper And The Rules Enabling Act,
2013
Duke University School of Law
They Were Meant For Each Other: Professor Edward Cooper And The Rules Enabling Act, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal, Anthony J. Scirica
University of Michigan Journal of Law Reform
This introduction to the essays in this Symposium illuminates Professor Ed Cooper's years as Reporter to the Civil Rules Committee by first briefly describing those who preceded him in the position and his own background. We then describe some of Ed Cooper's many contributions to the Civil Rules Committee, the Federal Rules, rulemaking, and civil procedure by examining the present state of the Rules Committees' work under the Rules Enabling Act. We conclude that after almost eighty years of experience under that Act, it is working well in large part because of the sound leadership provided by Ed Cooper over …
Ed Cooper, Rule 56, And Charles E. Clark's Fountain Of Youth,
2013
University of Oklahoma College of Law
Ed Cooper, Rule 56, And Charles E. Clark's Fountain Of Youth, Steven S. Gensler
University of Michigan Journal of Law Reform
Nobody had a greater impact on the formulation of the original Civil Rules than Clark. His role as both the principal architect2 and the principal draftsman3 of the Civil Rules is well known. As Professor Wright once put it, although the Civil Rules were a joint effort, "the end product bears the unmistakable Clark stamp."4 But Clark started shaping the Civil Rules even before drafting began.5 Initially, Chief Justice Hughes thought the civil rules project should be limited to creating rules for actions at law (leaving in place-and separate-the existing equity rules).6 A passionate advocate for merging law and equity …
Edward Cooper As Curator Of The Civil Rules,
2013
University of California, Hastings College of Law
Edward Cooper As Curator Of The Civil Rules, Goeffrey C. Hazard Jr.
University of Michigan Journal of Law Reform
Ed Cooper has had a salient role in maintaining the Rules Committee process as a highly competent and stable element of lawmaking in this country. He is a consummate master of civil procedure and acutely understands the constitutional and political milieu in which the Rules process functions. Along with other similarly competent and observant Reporters, including the senior serving Reporter, Dan Coquillette, he has helped keep the Rules process and product as evenhanded as can be expected in our complicated legal system.
Iron Man Of The Rules,
2013
U.S. Court of Appeals for the Fifth Circuit
Iron Man Of The Rules, Patrick E. Higginbotham
University of Michigan Journal of Law Reform
To grasp Professor Cooper's contribution to rulemaking, it is helpful to review issues that the Advisory Committee confronted during his tenure. I will focus on the first four of his twenty years of service.
Some Very Personal Reflections On The Rules, Rulemaking, And Reporters,
2013
New York University Law School
Some Very Personal Reflections On The Rules, Rulemaking, And Reporters, Arthur R. Miller
University of Michigan Journal of Law Reform
My entry into the world of federal rulemaking was one of those unpredictable but welcome fortuities of life. In early 1961, more than a half century ago, I was a happy and progressing associate in a prominent medium-sized, Wall Street, New York City law firm. Columbia Law School approached me to be the Associate Director of its newly formed Project on International Procedure. They dangled several attractive incentives: I could try my hand at teaching some civil procedure; hobnob with the giants of the Columbia faculty, like Herb Wechsler, Walter Gellhorn, Maury Rosenberg, and Jack Weinstein; and take my first …
