Civil Procedure: Notifying Justice: "Reasonable Actual Notice" In Service Of Process—Decook V. Olmsted Medical Center, Inc.,
2017
Mitchell Hamline School of Law
Civil Procedure: Notifying Justice: "Reasonable Actual Notice" In Service Of Process—Decook V. Olmsted Medical Center, Inc., Paul Fling
Mitchell Hamline Law Review
No abstract provided.
Proponents' Standing To Defend Their Ballot Initiatives: Post-Hollingsworth Work-Arounds?,
2017
Florida State University College of Law
Proponents' Standing To Defend Their Ballot Initiatives: Post-Hollingsworth Work-Arounds?, Nat Stern, John S. Caragozian
Scholarly Publications
No abstract provided.
Notes From A Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons For Selection Of Dispute Resolution Forums And Methods,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Notes From A Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons For Selection Of Dispute Resolution Forums And Methods, Jeffrey W. Stempel
Scholarly Works
Arbitration between insurers and reinsurers – those who insure insurance companies – should logically run as smoothly as any arbitration process. Like the traditional commercial arbitration that drove enactment of the Federal Arbitration Act, reinsurance arbitration involves experienced actors in a confined industry in which the parties should be constructively aware of the rules, norms, customs and practices of the industry. But in spite of this, reinsurance arbitration experiences consistent problems of which the participants complain. This article reviews the complaints and exams possible solutions – including the possibility of arbitrating less and litigating more. Although these possible solutions would …
Asymmetry And Adequacy In Discovery Incentives: The Discouraging Implications In Haeger V. Goodyear,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Asymmetry And Adequacy In Discovery Incentives: The Discouraging Implications In Haeger V. Goodyear, Jeffrey W. Stempel
Scholarly Works
In this article, Professor Jeffrey Stempel explores the implications the decision in Haeger v. Goodyear Tire & Rubber Co. has for discovery and civil procedure. Professor Stempel argues the troublesome narrative that discovery problems and "abuse" are largely problems of claimants seeking excessive discovery that is unduly burdensome and costly relative to the case at hand is a significant part of the problem. Since the mid-1970s, the prevailing narrative has blamed discovery seekers more than discovery resisters.In that narrative, discovery problems are largely the problems of plaintiffs that are too unrealistic, sloppy, lazy, or greedy in frequently seeking excessive discovery. …
Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Telling Stories In The Supreme Court: Voices Briefs And The Role Of Democracy In Constitutional Deliberation, Linda H. Edwards
Scholarly Works
On January 4, 2016, over 112 women lawyers, law professors, and former judges told the world that they had had an abortion. In a daring amicus brief that captured national media attention, the women “came out” to their clients; to the lawyers with or against whom they practice; to the judges before whom they appear; and to the Justices of the Supreme Court.
The past three years have seen an explosion of such “voices briefs,” 16 in Obergefell and 17 in Whole Woman’s Health. The briefs can be powerful, but their use is controversial. They tell the stories of non-parties—strangers …
Uncivil Asset Forfeiture: An Analysis Of Civil Asset Forfeiture And Virginia H.B. 48,
2017
University of Richmond
Uncivil Asset Forfeiture: An Analysis Of Civil Asset Forfeiture And Virginia H.B. 48, Brent Ashley
Law Student Publications
Introduced in 2016, Virginia House Bill 48 proposed civil forfeiture reforms which would raise the burden of proof required for law enforcement agencies to seize property related to criminal activity. Civil forfeiture has grown in recent decades to deprive innocent property owners of their belongings, often due to connections between the property seized and persons accused of using the property illegally without the owners’ consent. Additionally, with a burden of proof much lower than the standard that must be met for a criminal conviction, civil forfeiture as it stands now risks depriving property owners of their possessions despite a lack …
When Is It Necessary For Corporations To Be Essentially At Home: An Exploration Of Exceptional Cases,
2017
University of Richmond
When Is It Necessary For Corporations To Be Essentially At Home: An Exploration Of Exceptional Cases, Pricilla Heinz
Law Student Publications
This comment examines the current state of the law surrounding the exercise of general jurisdiction and forecasts the circumstances under which the Supreme Court is likely to clarify its recent decisions. Its purpose is to explore the principles announced in Goodyear Dunlop Tires Operations, S.A. v. Brown and Daimler AG v. Bauman and consider whether the due process rationales offered in the past coincide with the new essentially at home standard imposed for general jurisdiction. Moreover, this comment analyzes the reactions of the lower courts in the wake of these decisions and predicts where the Supreme Court is headed in …
A Regulatory Theory Of Legal Claims,
2017
Georgetown University Law Center
A Regulatory Theory Of Legal Claims, J. Maria Glover
Georgetown Law Faculty Publications and Other Works
Procedural law in the United States seeks to achieve three interrelated goals in our system of litigation: efficient processes that achieve “substantive justice” and deter wrongdoing, accurate outcomes, and meaningful access to the courts. For years, however, procedural debate, particularly in the context of due process rights in class actions, has been redirected toward more conceptual questions about the nature of legal claims—are they more appropriately conceptualized as individual property or as collective goods? At stake is the extent to which relevant procedures will protect the right of individual claimants to exercise control over their claims. Those with individualistic conceptions …
A New Hope: Tortious Interference With An Expected Inheritance In Rhode Island,
2017
Pannone Lopes Devereaux & O'Gara LLC
A New Hope: Tortious Interference With An Expected Inheritance In Rhode Island, Rebecca M. Murphy, Samantha M. Clarke
Roger Williams University Law Review
No abstract provided.
2016 Survey Of Rhode Island Law: Cases And Public Laws Of Note,
2017
Roger Williams University
2016 Survey Of Rhode Island Law: Cases And Public Laws Of Note
Roger Williams University Law Review
No abstract provided.
A Critique Of The Uniquely Adversarial Nature Of The U.S. Legal, Economic And Political System And Its Implications For Reinforcing Existing Power Hierarchies,
2017
FAMU College of Law
A Critique Of The Uniquely Adversarial Nature Of The U.S. Legal, Economic And Political System And Its Implications For Reinforcing Existing Power Hierarchies, Areto A. Imoukuede, Jim Wilets
Journal Publications
This article argues that the uniquely adversarial nature of the United States litigation system, rooted in the medieval English system of "trial by battle," has replicated itself in almost all aspects of American society, distinguishing the United States from even its common law counterparts that shared the genesis of their legal systems in English "trial by battle." This "trial by battle" is often characterized in the context of speech by terms such as the 'marketplace of ideas," or in the context of economics by terms such as "the law of the jungle.," Even resolution of basic Constitutional concepts are subject …
Ab(Ju)Dication: How Procedure Defeats Civil Liberties In The War On Terror,
2017
Brooklyn Law School
Ab(Ju)Dication: How Procedure Defeats Civil Liberties In The War On Terror, Susan Herman
Faculty Scholarship
No abstract provided.
A Prescription For Overcoming Gender Inequity In Complex Litigation: An Idea Whose Time Has Come,
2017
University of Colorado Law School
A Prescription For Overcoming Gender Inequity In Complex Litigation: An Idea Whose Time Has Come, Suzette M. Malveaux
Publications
No abstract provided.
The Impact Of Wal-Mart V. Dukes On Employment Discrimination Class Actions Five Years Out: A Forecast That Suggests More Of A Wave Than A Tsunami,
2017
University of Colorado Law School
The Impact Of Wal-Mart V. Dukes On Employment Discrimination Class Actions Five Years Out: A Forecast That Suggests More Of A Wave Than A Tsunami, Suzette M. Malveaux
Publications
No abstract provided.
Class Action-Barring Mandatory Pre-Dispute Consumer Arbitration Clauses: An Example Of (And Opportunity For) Dispute System Design?,
2017
Texas A&M University School of Law
Class Action-Barring Mandatory Pre-Dispute Consumer Arbitration Clauses: An Example Of (And Opportunity For) Dispute System Design?, Nancy A. Welsh
Faculty Scholarship
Ultimately, this essay will conclude that a private, ad hoc dispute system design process did lead to the insertion of class action waivers in mandatory pre-dispute consumer arbitration clauses. In-house and outside counsel certainly played key roles in initiating this process, but it is unclear that any individual lawyers could claim credit or responsibility as "designers." The representatives of dispute resolution organizations, meanwhile, played supporting roles-as providers of information and as amici in Supreme Court litigation. The essay will consider whether dispute resolution professionals could have managed their role in the process differently-and if so, why they would have managed …
Opening A Can Of Worms And Viruses: The Impact Of E-Service On E-Mail Users Everywhere,
2017
New York Law School, 2016
Opening A Can Of Worms And Viruses: The Impact Of E-Service On E-Mail Users Everywhere, Jeffrey Wolber
NYLS Law Review
No abstract provided.
"Facts Are Stubborn Things": Protecting Due Process From Virulent Publicity,
2017
Touro University Jacob D. Fuchsberg Law Center
"Facts Are Stubborn Things": Protecting Due Process From Virulent Publicity, Benjamin Brafman, Darren Stakey
Touro Law Review
No abstract provided.
Implications Of A Revitalized 28 U.S.C. 1400(B): Identifying The Regular And Established Place Of Business For Patent Venue In The Internet Age,
2017
Touro University Jacob D. Fuchsberg Law Center
Implications Of A Revitalized 28 U.S.C. 1400(B): Identifying The Regular And Established Place Of Business For Patent Venue In The Internet Age, Steven Pepe, Samuel Brenner
Touro Law Review
No abstract provided.
The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials,
2017
Indiana University Maurer School of Law
The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials, Victor D. Quintanilla, Alexander B. Avtgis
Articles by Maurer Faculty
This Article discusses a troubling cause of the decline in civil trials — the growing ubiquity of predispute binding arbitration clauses — and discusses tension between roles and responsibilities classically associated with zealous advocacy and the pressing need for new roles and responsibilities associated with ethical dispute system design.
Over the past decade, two interacting patterns have come to encourage transactional attorneys to engage in zealous advocacy when crafting predispute binding arbitration clauses in adhesion contracts. First, recent U.S. Supreme Court jurisprudence broadly defers and delegates authority to those who create such clauses in adhesion contracts with little oversight. Second, …
Changing Course,
2017
University of Miami School of Law
