Who, What, Where, And When? Why Courts Should At Least Consider The Third Circuit’S Heightened Ascertainability Requirement As A Prerequisite To Class Certification,
2021
Florida International University College of Law
Who, What, Where, And When? Why Courts Should At Least Consider The Third Circuit’S Heightened Ascertainability Requirement As A Prerequisite To Class Certification, Christian Osorno Cortes
FIU Law Review
No abstract provided.
That's Not Fair Use: Why Rule 68 Copyright Defendants Canno Recover Post-Offer Attorney's Fees,
2021
American University Washington College of Law
That's Not Fair Use: Why Rule 68 Copyright Defendants Canno Recover Post-Offer Attorney's Fees, Ryan Kaiser
American University Law Review
Federal Rule of Civil Procedure 68 (Rule 68) is a cost-shifting rule that allows a non-prevailing defendant who made an offer of judgment more favorable than the final judgment to recover costs incurred from the point the offer was made. Until the mid-1980s, whether the rule could apply to the attorney’s fees was the source of much debate. In 1985, the U.S. Supreme Court provided a partial answer when it decided Marek v. Chesny, holding that Rule 68 operates to preclude a civil rights plaintiff from recovering post-offer attorney’s fees. The Court stated that Rule 68 costs include all costs …
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism,
2021
Touro Law Center
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron
Scholarly Works
No abstract provided.
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism,
2021
Touro Law Center
Justice Ginsburg, Civil Procedure Professor And Champion Of Judicial Federalism, Rodger D. Citron
Touro Law Review
No abstract provided.
Montgomery V. Airbus Helicopters, Inc.: Oklahoma’S Ostensible Destruction Of Stream-Of-Commerce Personal Jurisdiction,
2021
University of Oklahoma College of Law
Montgomery V. Airbus Helicopters, Inc.: Oklahoma’S Ostensible Destruction Of Stream-Of-Commerce Personal Jurisdiction, Morgan E. Vastag
Oklahoma Law Review
No abstract provided.
Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure,
2021
University of Colorado Law School
Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure, Suzette M. Malveaux
Publications
No abstract provided.
Appellate Courts And Civil Juries,
2021
Texas A&M University School of Law
Appellate Courts And Civil Juries, Adam N. Steinman
Faculty Scholarship
In federal civil litigation, decision-making power is shared by juries, trial courts, and appellate courts. This Article examines an unresolved tension in the different doctrines that allocate authority among these institutions, one that has led to confusion surrounding the relationship between appellate courts and civil juries. At base, the current uncertainty stems from a longstanding lack of clarity regarding the distinction between matters of law and matters of fact. The high-stakes Oracle-Google litigation—which is now before the Supreme Court—exemplifies this. In that case, the Federal Circuit reasoned that an appellate court may assert de novo review over a jury’s verdict …
Reimagining Civil Case Management,
2021
National Center for State Courts
Reimagining Civil Case Management, Paula Hannaford-Agor
Faculty Publications
Court rules are necessary, but insufficient by themselves to address problems of cost and delay. Instead, state courts today are embracing a considerably broader view of civil case management, one that encompasses the total constellation of court rules, business practices, culture and governance, and staffing and technology infrastructure. Effective case management now recognizes the importance of five core components that are necessary to achieve timely, cost-effective, and procedurally fair justice: (1) triage to ensure that cases receive attention proportional to their needs; (2) process simplification to remove procedural barriers that unnecessarily complicate litigation; (3) stakeholder engagement to ensure clear communication …
Toward A More Democratic America,
2020
Seattle University School of Law
Toward A More Democratic America, Thomas Kleven
Seattle Journal for Social Justice
No abstract provided.
The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court,
2020
Hamad bin Khalifa University, College of Law
The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas
Pace International Law Review
The proliferation of international commercial courts aims to boost income from legal services and serve as a catalyst for newly found rules of law and thus attract investor confidence. The latter is the underlying purpose for the creation of the Astana International Financial Centre (AIFC) and its Court. The Court’s legal framework is set out in the tradition of its competitors in the Gulf and similarly employs an impressive lineup of former senior judges from the United Kingdom. It is a unique experiment because it strives to create a balance between maintaining a judicial institution of the highest caliber while …
Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process,
2020
Brooklyn Law School
Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process, Jane Brennan
Journal of Law and Policy
For a brief moment during the recent September democratic presidential debate, the ugly underbelly of the child welfare system unexpectedly took center stage. When asked about what responsibility Americans need to take to repair the legacy of slavery, the former vice president responded by propagating a myth that Black parents do not know how to parent. Former Vice President Joe Biden said “[w]e bring social workers into homes and parents to help them deal with how to raise their children. It’s not that they don’t want to help. They don’t—they don’t know quite what to do.” What exactly is it …
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers,
2020
Brooklyn Law School
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte
Journal of Law and Policy
Imagine you are a spouse and caregiver of a severely injured post-9/11 veteran. Your spouse served in the Marine Corps, with several deployments to Iraq. During their last deployment, your spouse sustained a severe traumatic brain injury and suffers from post-traumatic stress disorder. Due to these injuries, they need consistent care throughout the day. Thankfully, upon their return, the VA provided a caregiver program that allowed you to step away from your job and focus on caring for your spouse full time. As part of this program, you received a caregiver stipend of $2,400 per month, healthcare, and support from …
Waiving Removal, Waiving Remand–The Hidden And Unequal Dangers Of Participating In Litigation,
2020
Chicago-Kent College of Law
Waiving Removal, Waiving Remand–The Hidden And Unequal Dangers Of Participating In Litigation, Joan Steinman
Florida Law Review
The law governing removal of cases to federal court and remand of cases from federal court has increasingly been codified. But what is not codified is left to courts, and courts have created bodies of law concerning waiver of the right to remove and waiver of the right to remand that are strongly skewed against plaintiffs and in favor of federal court adjudication, even in cases that raise only substantive state law issues. This a problem because there is no reason to believe that this development of the law is consistent with Congressional intent, or with an appropriate allocation of …
A New Approach To Plaintiff Incentive Fees In Class Action Lawsuits,
2020
Northwestern Pritzker School of Law
A New Approach To Plaintiff Incentive Fees In Class Action Lawsuits, Jason Jarvis
Northwestern University Law Review
Because modern litigation is time-intensive and expensive, a consumer has no monetary incentive to sue over a low-value claim—even when the defendant has clearly violated that consumer’s legal rights. But the defendant may have harmed many consumers in the same way, causing significant cumulative damage. By permitting the aggregation of numerous small claims, class action lawsuits provide a monetary incentive for lawyers and plaintiffs to pursue otherwise low-value suits. Often, an important part of this incentive is the “incentive fee,” an additional payment awarded to the named plaintiffs as compensation for the time they spend and risks they assume in …
A Louisiana Theory Of Juridical Acts,
2020
Louisiana State University Law Center
A Louisiana Theory Of Juridical Acts, Nikolaos A. Davrados
Louisiana Law Review
The article examines the concept of juridical act from both a comparative and Louisiana law perspective to establish the validity of the general theory of juridical acts and to determine the useful components drawn from each system.
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment,
2020
Dalhousie University Schulich School of Law
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …
Okafor V Nweke [2007] 10 Nwlr (Pt. 1043) 521,
2020
PhD student, University of Ibadan
Okafor V Nweke [2007] 10 Nwlr (Pt. 1043) 521, Oluwakemi A. Dowodu-Sipe
SAIPAR Case Review
No abstract provided.
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals,
2020
University of Pennsylvania Carey Law School
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Michigan Law Review
This Article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence class certification under Rule 23 of the Federal Rules of Civil Procedure. We find that the ideological composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having dramatically higher rates of procertification outcomes than all-Republican panels—nearly triple in about the past twenty years. We also find that the presence of one African American on a panel, and the presence of …
Enough Is As Good As A Feast,
2020
Seattle University School of Law
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
Preservation Requests And The Fourth Amendment,
2020
Seattle University School of Law
Preservation Requests And The Fourth Amendment, Armin Tadayon
Seattle University Law Review
Every day, Facebook, Twitter, Google, Amazon, ridesharing companies, and numerous other service providers copy users’ account information upon receiving a preservation request from the government. These requests are authorized under a relatively obscure subsection of the Stored Communications Act (SCA). The SCA is the federal statute that governs the disclosure of communications stored by third party service providers. Section 2703(f) of this statute authorizes the use of “f” or “preservation” letters, which enable the government to request that a service provider “take all necessary steps to preserve records and other evidence in its possession” while investigators seek valid legal process. …
