The Common Law And The Self-Driving Car,
2022
Brewster & De Angelis
The Common Law And The Self-Driving Car, Mbilike M. Mwafulirwa
University of San Francisco Law Review
No abstract provided.
Simplifying Choice-Of-Law Interest Analysis,
2022
University of Oklahoma College of Law
Simplifying Choice-Of-Law Interest Analysis, Luke Meier
Oklahoma Law Review
No abstract provided.
Is It Time For A New Civil Rights Act? Pursuing Procedural Justice In The Federal Civil Court System,
2022
University of Colorado Law School
Is It Time For A New Civil Rights Act? Pursuing Procedural Justice In The Federal Civil Court System, Suzette M. Malveaux
Publications
The United States has recently been engaged in some of the largest civil rights movements since the 1960s—from Black Lives Matter to #MeToo—and calls for justice for marginalized communities are stronger than ever. Many decry the longstanding violence and systemic discrimination such communities experience, and advocate for stronger substantive civil rights. What has received less attention, however, is the violence done to those rights by the U.S. Supreme Court's obstructionist civil procedural jurisprudence. Over the last half century, the Court has systemically eroded Americans' capacity to enforce such substantive rights in the civil court system. This erosion arcs away from …
Belmore V. Petterutti, 253 A.3d 864 (R.I. 2021),
2022
Candidate for Juris Doctor, Roger Williams University School of Law
Belmore V. Petterutti, 253 A.3d 864 (R.I. 2021), Whitney A. Saunders
Roger Williams University Law Review
No abstract provided.
The Field Of State Civil Courts,
2022
The University of Utah S.J. Quinney College of Law
The Field Of State Civil Courts, Anna E. Carpenter, Alyx Mark, Colleen F. Shanahan, Jessica K. Steinberg
Faculty Scholarship
This symposium Issue of the Columbia Law Review marks a moment of convergence and opportunity for an emerging field of legal scholarship focused on America’s state civil trial courts. Historically, legal scholarship has treated state civil courts as, at best, a mere footnote in conversations about civil law and procedure, federalism, and judicial behavior. But the status quo is shifting. As this Issue demonstrates, legal scholars are examining our most common civil courts as sites for understanding law, legal institutions, and how people experience civil justice. This engagement is essential for inquiries into how courts shape and respond to social …
Civil Procedure: Pre-Trial & Trial,
2022
Figari + Davenport, LLP
Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Don Colleluori, Andrew C. Whitaker
SMU Annual Texas Survey
No abstract provided.
Should The Government Have The Unrestricted Power To Dismiss Meritorious Qui Tam Actions Brought Under The False Claims Act?: A Closer Look At Why The Government Should Not Be Held To A Judicially Imposed Standard,
2022
Florida International University College of Law
Should The Government Have The Unrestricted Power To Dismiss Meritorious Qui Tam Actions Brought Under The False Claims Act?: A Closer Look At Why The Government Should Not Be Held To A Judicially Imposed Standard, Wallace Stage
FIU Law Review
The False Claims Act was originally enacted during the Civil War as a result of concerns that the Union Army would attempt to defraud the Government. Since then, the False Claims Act has evolved and grown into an extremely useful tool that allows individuals to bring civil actions for various reasons on behalf of the United States Government. Under the False Claims Act, an individual may bring acivil action, often referred to as a qui tam action, on behalf of the United States Government for violations of the False Claims Act. After an individual brings this type of action, the …
Extraordinary Writ Or Ordinary Remedy? Mandamus At The Federal Circuit,
2022
S.J. Quinney College of Law, University of Utah
Extraordinary Writ Or Ordinary Remedy? Mandamus At The Federal Circuit, Jonas Anderson, Paul R. Gugliuzza, Jason Rantanen
Utah Law Faculty Scholarship
Ordinarily, in federal court, only case-ending judgments can be appealed. The writ of mandamus is one exception to that so-called final judgment rule. Mandamus permits a litigant who is dissatisfied with a lower court ruling to obtain immediate reversal if, among other things, the ruling was indisputably wrong and the party seeking mandamus has no other way to get relief. This exacting standard stems from mandamus’s origin as one of the common law’s “extraordinary” writs. Federal courts of appeals typically issue mandamus once or twice per year at most.
In patent cases, however, mandamus is a remarkably ordinary form of …
The Institutional Mismatch Of State Civil Courts,
2022
Columbia Law School
The Institutional Mismatch Of State Civil Courts, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark, Anna E. Carpenter
Faculty Scholarship
State civil courts are central institutions in American democracy. Though designed for dispute resolution, these courts function as emergency rooms for social needs in the face of the failure of the legislative and executive branches to disrupt or mitigate inequality. We reconsider national case data to analyze the presence of social needs in state civil cases. We then use original data from courtroom observation and interviews to theorize how state civil courts grapple with the mismatch between the social needs people bring to these courts and their institutional design. This institutional mismatch leads to two roles of state civil courts …
The Democratic (Il)Legitimacy Of Assembly-Line Litigation,
2022
University of Oklahoma College of Law
The Democratic (Il)Legitimacy Of Assembly-Line Litigation, Jessica Steinberg, Colleen Shanahan, Anna Carpenter, Alyx Mark
Faculty Articles
In response to Daniel Wilf-Townsend’s Assembly-Line Plaintiffs we take a panoramic picture of state civil courts, and debt cases in particular, and name specific features of the courts that must be taken into account in crafting reform prescriptions. In doing so, we question both the democratic legitimacy of debt collection courts and the adequacy of incremental reform that targets the structure of litigation. Part I contributes two critical components to Wilf-Townsend’s rich description of consumer debt cases: pervasive intersectional inequality among pro se defendants and a record of fraud among top filers. We add a sharper focus on the racial, …
The Million-Dollar Diversity Docket,
2022
University of Oklahoma College of Law
The Million-Dollar Diversity Docket, Steven Gensler, Roger Michalski
Faculty Articles
What would happen if Congress raised the jurisdictional amount in the diversity jurisdiction statute? Given that it has been almost 25 years since the last increase, we are probably overdue for another one. But to what amount? And with what effect? What would happen if Congress raised the jurisdictional amount from the current $75,000 to $250,000 or, say, $1 million? Using a novel hand-coded data set of pleadings in 2900 cases, we show that the jurisdictional amount is not a neutral throttle. Instead, different areas of law, different parts of the country, and different litigants are more affected by changes …
Mapping The Civil Justice Gap In Federal Court,
2022
University of Oklahoma College of Law
Mapping The Civil Justice Gap In Federal Court, Roger Michalski, Andrew Hammond
Faculty Articles
Unrepresented litigants make up a sizable and normatively important chunk of civil litigation in the federal courts. Despite their importance, we still know little about who these pro se litigants are. Debates about pro se litigation take place without sufficient empirical information. To help fill some of the gaps in our understanding of pro se litigants, this Article takes a new approach by mapping where pro se litigants live. Using a massive data set of 2.5 million federal dockets from a ten-year period, we obtained addresses of non-prisoner pro se litigants. We then geolocated these addresses and cross-referenced that information …
You Have The Right To Remain Silent, And It Can And Will Be Used Against You: Addressing Post-Arrest Pre-Miranda Silence,
2022
Touro Law Center
You Have The Right To Remain Silent, And It Can And Will Be Used Against You: Addressing Post-Arrest Pre-Miranda Silence, Maria P. Hirakis
Touro Law Review
The right to remain silent has long been recognized by the Supreme Court as requiring a high degree of protection. Since Miranda v. Arizona was decided in 1966, procedural safeguards have been put in place to inform individuals of this right upon arrest. Yet, a gray area exists when it comes to the use of an individual's silence post-arrest. It may surprise some that a point in time exists when an individual has not yet been read their Miranda rights post-arrest. Several circuit courts have taken the position that any silence that follows arrest but precedes the reading of Miranda …
Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test,
2022
Touro University Jacob D. Fuchsberg Law Center
Monasky’S Totality Of Circumstances Is Vague – The Child’S Perspective Should Be The Main Test, Sabrina Salvi
Touro Law Review
After decades of confusion, the Supreme Court ruled on child custody in an international setting in Monasky v. Taglieri, by attempting to establish the definition of a child’s “habitual residence.” The Court held that a child’s “residence in a particular country can be deemed ‘habitual, however, only when her residence there is more than transitory.’” Further, the Court stated that, ‘“[h]abitual’ implies customary, usual, of the nature of a habit.”’ However, the Supreme Court’s ruling remains unclear. The 1980 Hague Convention on the Civil Aspects of International Child Abduction (“HCCAICA” or “The Hague Convention”), which is adopted in ninety-eight …
Theft, Extortion, And The Constitution: Land Use Practice Needs An Ethical Infusion,
2022
Touro University Jacob D. Fuchsberg Law Center
Theft, Extortion, And The Constitution: Land Use Practice Needs An Ethical Infusion, Michael M. Berger
Touro Law Review
There are many ways in which property owners/developers interact with regulators. To the extent that texts and articles deal with the ethical duties of the regulators, they tend to focus on things like conflicts of interest. But there is more. This article will examine numerous other ways in which regulators may run afoul of ethical practice in dealing with those whom they regulate
No Motion Left Behind: Adjudicating Motions To Remand In Cases Snap Removed To Mdls,
2022
University of Georgia School of Law
No Motion Left Behind: Adjudicating Motions To Remand In Cases Snap Removed To Mdls, Millie Price
Georgia Law Review
Under the current wording of the federal removal statute, 28 U.S.C. § 1441, defendants in some jurisdictions may remove a state action to federal court before an in-state defendant is served. These defendants are taking advantage of the forum defendant rule in 28 U.S.C. § 1441(b)(2). This phenomenon has been coined “snap removals.” Three federal courts of appeals allow such removals, whereas many federal district courts say it is improper. The “home” district court might not be the end point for the case, though. Corporate defendants often ask for the case to be transferred to a pending Multidistrict Litigation (MDL) …
A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings,
2022
The Catholic University of America, Columbus School of Law
A Civil Shame: The Failure To Protect Due Process In Discretionary Immigration Bond Hearings, Stacy Brustin
Scholarly Articles
Over the last four years, the US Supreme Court has granted certiorari in four immigration bond review cases. The sheer number of cases the Court has recently considered underscores the significance of this area of immigration law. Each case centers on whether the Immigration and Nationality Act or the Constitution mandates a bond review hearing after prolonged detention. Yet these cases leave unresolved the issue of whether initial bond hearings themselves meet the due process threshold required of civil confinement proceedings. Federal circuit and district courts have addressed aspects of this question and found procedural due process violations. However, most …
Endangered Claims: How The U.S. Civil Procedure System Mimics The Wild,
2022
University of Colorado Law School
Endangered Claims: How The U.S. Civil Procedure System Mimics The Wild, Suzette M. Malveaux
Publications
No abstract provided.
Litigating The Separation Of Powers,
2022
American University Washington College of Law
Litigating The Separation Of Powers, Elizabeth Earle Beske
Scholarly Articles in Law Reviews & Journals
The Roberts Court, in marked contrast to its predecessor, has embraced the role of the federal judiciary in resolving clashes between coordinate branches, but it has done so without adequately grappling with Rehnquist-era justiciability hurdles. Constrained by Raines v. Byrd, the 1997 case in which Chief Justice Rehnquist purported in broad strokes to shut down institutional standing, the Roberts Court has relied primarily on individual litigants to raise separation-of-powers claims as defenses in enforcement proceedings. Primary reliance on individual litigants is problematic. First, it is difficult to square with conventional conceptions of injury in fact. Individual litigants have traditionally …
Charting A Course Past Spokeo And Transunion,
2022
American University Washington College of Law
Charting A Course Past Spokeo And Transunion, Elizabeth Earle Beske
Scholarly Articles in Law Reviews & Journals
The Supreme Court’s 5-4 decision in TransUnion LLC v. Ramirez has dramatically upended standing doctrine, apparently out of concern that any other move will invite congressional manipulation and give rise to even greater evils. The Court has done so at considerable cost. TransUnion’s concreteness inquiry leaves lower courts at sea, inviting them to substitute their own policy preferences for legislative will in frustration of the separation of powers. It curtails the deferential review of economic legislation the Court has employed since the New Deal. It circumscribes Congress’s ability to act proactively to respond to novel challenges. Bearing these costs, we …
