Appellate Courts As First Responders: The Constitutionality And Propriety Of Appellate Courts' Resolving Issues In The First Instance, 87 Notre Dame Law Review 1521 (2012).,
2012
IIT Chicago-Kent College of Law
Appellate Courts As First Responders: The Constitutionality And Propriety Of Appellate Courts' Resolving Issues In The First Instance, 87 Notre Dame Law Review 1521 (2012)., Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Class Actions,
2012
Mercer University School of Law
Class Actions, Thomas M. Byrne, Stacey Mcgavin Mohr
Mercer Law Review
The United States Supreme Court's landmark recalibration of class certification requirements in Wal-Mart Stores, Inc. v. Dukes, together with its broad approbation of class action waivers in arbitration agreements in AT&T Mobility LLC v. Concepcion, establishes 2011 as a watershed year in class action practice. During the year, the United States Court of Appeals for the Eleventh Circuit only began to deal with the ramifications of Dukes but addressed Concepcion's impact directly.
The Post-Iqbal State Of Pleading: An Argument Opposing A Uniform National Pleading Regime,
2012
University of Miami Law School
The Post-Iqbal State Of Pleading: An Argument Opposing A Uniform National Pleading Regime, Mark W. Payne
University of Miami Business Law Review
The U.S. Supreme Court's 2009 decision in Ashcroft v. Iqbal placed a squeeze on the once touted liberal Federal Rules of Civil Procedure by requiring judges to consider the veracity of potential plaintiffs' federal claims in light of Iqbal's new heightened pleading standard. This article examines post-Iqbal pleading standards across United States jurisdictions and argues that states should exert caution before choosing to adopt Iqbal's new "plausibility" standard, and if they elect to modify their pleading standards in light of the Iqbal decision, they should also carefully contemplate their method of adoption.
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?,
2012
University of Georgia
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown
Scholarly Works
It is a well-settled and often-recited fact that lawyers are “officers of the court.” That title, however, is notoriously hortatory and devoid of meaning. Nevertheless, the Eleventh Circuit recently took the somewhat unprecedented step of utilizing the officer-of-the-court label to, in effect, sanction an attorney for the purportedly uncivil act of failing to provide defendant attorneys with pre-suit notice. While the author applauds the court’s desire to place greater emphasis on lawyer-to-lawyer collegiality as a component of officer-of-the-court status, the uncertainty the decision creates in terms of a lawyer’s role will potentially force litigators to compromise important client-centered duties. This …
Summary Of Choy V. Ameristar Casinos, Inc., 127 Nev. Adv. Op. 78,
2012
Nevada Law Journal
Summary Of Choy V. Ameristar Casinos, Inc., 127 Nev. Adv. Op. 78, Justin Shiroff
Nevada Supreme Court Summaries
A petition for an en banc reconsideration of a panel opinion affirming the district court’s summary judgment in a tort action.
Racial Disparities In Sentencing In The U.S. And Georgia,
2012
Kennesaw State University
Racial Disparities In Sentencing In The U.S. And Georgia, Kamal Rattray, Nicole Lee
Georgia Journal of Public Policy
Incarceration represents the ultimate use of coercive power, and in the state of Georgia, that power is being disproportionately levied upon people of color, particularly African Americans.1 According to 2011 statistics from the Georgia Department of Corrections, the total prison population statewide was approximately 53,341 inmates. The majority of that number were Blacks (33,069 inmates), followed by Whites (17,752 inmates), Hispanics (2,306 inmates) and other ethnic groups.
Summary Of Ryan’S Express V. Amador Stage Lines, 128 Nev. Adv. Op. 27,
2012
Nevada Law Journal
Summary Of Ryan’S Express V. Amador Stage Lines, 128 Nev. Adv. Op. 27, Richard A. Andrews
Nevada Supreme Court Summaries
The Court considered a motion to disqualify a law firm from participating in the appeal of a failed settlement program.
Court Reform And Breathing Space Under The Establishment Clause,
2012
Chicago-Kent College of Law
Court Reform And Breathing Space Under The Establishment Clause, Mark C. Rahdert
Chicago-Kent Law Review
Flast v. Cohen held that federal taxpayers have standing to challenge government spending for religion. While Frothingham v. Mellon generally prohibits taxpayer standing in federal courts, the Court reasoned that the Establishment Clause specifically prohibits taxation in any amount to fund unconstitutional religious spending. For several decades Flast has been settled law that supplied jurisdiction in many leading establishment cases. But Hein v. Freedom from Religion Foundation, Inc. and Arizona Christian School Tuition Organization v. Winn signal that Flast may soon be overruled. This jurisdictional ferment raises two questions: Why this sudden shift? And what does it signify for the …
Class Actions: Settlement, Approval; Res Judicata; Claims Administration And Cy-Pres Awards,
2012
Osgoode Hall Law School of York University
Class Actions: Settlement, Approval; Res Judicata; Claims Administration And Cy-Pres Awards, Janet Walker
Conference Papers
No abstract provided.
The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law,
2012
University of Missouri - Kansas City, School of Law
The Supreme Court’S Regulation Of Civil Procedure: Lessons From Administrative Law, Lumen N. Mulligan, Glen Staszewski
Faculty Works
In this Article, we argue that the Supreme Court should route most Federal Rules of Civil Procedure issues through the notice-and-comment rulemaking process of the Civil Rules Advisory Committee instead of issuing judgments in adjudications, unless the case can be resolved solely through the deployment of traditional tools of statutory construction. While we are not the first to express a preference for rulemaking on civil procedure issues, we advance the position in four significant ways. First, we argue that the Supreme Court in the civil procedure arena is vested with powers analogous to most administrative agencies. Second, building upon this …
Ashcroft V. Iqbal: Contempt For Rules, Statutes, The Constitution, And Elemental Fairness,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Ashcroft V. Iqbal: Contempt For Rules, Statutes, The Constitution, And Elemental Fairness, Steve Subrin
Nevada Law Journal
No abstract provided.
Carnival Cruise Lines, Inc. V. Shute: The Titanic Of Worst Decisions,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Carnival Cruise Lines, Inc. V. Shute: The Titanic Of Worst Decisions, Linda S. Mullenix
Nevada Law Journal
No abstract provided.
Lassiter V. Department Of Social Services: Why Is It Such A Lousy Case?,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Lassiter V. Department Of Social Services: Why Is It Such A Lousy Case?, Brooke D. Coleman
Nevada Law Journal
No abstract provided.
Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Summary Of In Re Nevada State Engineer Ruling No. 5823, 129 Nev. Adv. Op. No 22,
2012
Nevada Law Journal
Summary Of In Re Nevada State Engineer Ruling No. 5823, 129 Nev. Adv. Op. No 22, Alan R. Smith
Nevada Supreme Court Summaries
Appeal from a district court decision dismissing a petition for judicial review of the State Engineer’s ruling in a water rights action for lack of subject matter jurisdiction.
Summary Of Club Vista Financial Servs. V. Dist. Ct., 128 Nev. Adv. Op. No. 21,
2012
Nevada Law Journal
Summary Of Club Vista Financial Servs. V. Dist. Ct., 128 Nev. Adv. Op. No. 21, Cameron M. Daw
Nevada Supreme Court Summaries
The Court considered what circumstances are necessary to allow for the deposition of an opposing party’s former attorney during discovery. The Court balanced the competing interests of discovering vital information to a litigant’s case and the importance of the attorney-client privilege.
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials,
2012
Pepperdine University
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials, Craig Lee Montz
Pepperdine Law Review
No abstract provided.
Annexation Of The Jury's Role In Res Judicata Disputes: The Silent Migration From Question Of Fact To Question Of Law,
2012
Cornell Law School
Annexation Of The Jury's Role In Res Judicata Disputes: The Silent Migration From Question Of Fact To Question Of Law, Steven J. Madrid
Cornell Law Library Prize for Exemplary Student Research Papers
When the application of res judicata involves factual disputes, the jury must be the judicial actor to resolve these discrepancies. The fact-law distinction, which gives questions of fact to the jury and questions of law to the judge, has guided American courts for hundreds of years. From the time of the adoption of the Seventh Amendment until the end of the nineteenth century, courts have viewed res judicata disputes as factual determinations within the province of the jury.The migration from question of fact to question of law in the twentieth century lacked any proffered legal justification, and even as the …
The Lay Of The Land: Examining The Three Opinions In J. Mcintyre Machinery, Ltd. V. Nicastro,
2012
Texas A&M University School of Law
The Lay Of The Land: Examining The Three Opinions In J. Mcintyre Machinery, Ltd. V. Nicastro, Adam N. Steinman
Faculty Scholarship
It was a long time coming. The Supreme Court's decisions last Term in J. McIntyre Machinery, Ltd. v. Nicastro and Goodyear Dunlop Tires Operations, S.A. v. Brown ended a two-decade high-court hiatus from the subject of personal jurisdiction. In McIntyre, the more controversial of the two, the Court concludes that New Jersey state courts lacked jurisdiction over a British manufacturer in a suit by a New Jersey plaintiff who was injured in New Jersey by a machine purchased by his New Jersey employer. McIntyre lacks a majority opinion, however. Instead we have a four-Justice plurality authored by Justice Kennedy, a …
Mass Torts And Due Process,
2012
Vanderbilt University Law School
Mass Torts And Due Process, Sergio J. Campos
Vanderbilt Law Review
As the old saying goes, hard cases make bad law. But hard cases also reveal the limits of legal doctrine. In this Article, I turn to a class of hard cases--mass torts--to rethink the law of procedural due process under the Due Process Clause. Mass torts have long perplexed courts and scholars. They include torts caused by asbestos and other toxic chemicals, pharmaceuticals, oil spills, and other mass-produced products and services. The plaintiffs not only suffer significant injuries, but the sheer number of plaintiffs, each with claims that raise unique fact and legal issues, stretch judicial resources to the limit. …
