Civil Procedure Commons^™

2017 Mlk Keynote Emory Douglas Program, Center For Social Equity & Inclusion, Emory Douglas

Martin Luther King, Jr. Series

Program for the 2017 MLK Keynote Address: Emory Douglas. An artist, educator and human rights activist, Emory Douglas served as the Minister of Culture for the Black Panther Party from 1967-80. Best known for his political drawings and cartoons in the Black Panther Newspaper, he articulated the injustices experienced by African Americans living in the inner city, the growing militancy and organization among urban black youth in the face of police violence and the need for community-based social programs. 2017 MLK Keynote, Emory Douglas discusses the process, meaning and impact of his artwork then and now.

2017 Mlk Keynote Emory Douglas Educational Foldout, Center For Social Equity & Inclusion, Emory Douglas

Martin Luther King, Jr. Series

Educational foldout for the 2017 MLK Keynote Address: Emory Douglas. An artist, educator and human rights activist, Emory Douglas served as the Minister of Culture for the Black Panther Party from 1967-80. Best known for his political drawings and cartoons in the Black Panther Newspaper, he articulated the injustices experienced by African Americans living in the inner city, the growing militancy and organization among urban black youth in the face of police violence and the need for community-based social programs. 2017 MLK Keynote, Emory Douglas discusses the process, meaning and impact of his artwork then and now.

2017 Mlk Keynote Emory Douglas Educational Foldout, Center For Social Equity & Inclusion, Emory Douglas

Martin Luther King, Jr. Series

Educational foldout for the 2017 MLK Keynote Address: Emory Douglas. An artist, educator and human rights activist, Emory Douglas served as the Minister of Culture for the Black Panther Party from 1967-80. Best known for his political drawings and cartoons in the Black Panther Newspaper, he articulated the injustices experienced by African Americans living in the inner city, the growing militancy and organization among urban black youth in the face of police violence and the need for community-based social programs. 2017 MLK Keynote, Emory Douglas discusses the process, meaning and impact of his artwork then and now.

2017 Mlk Keynote Emory Douglas Program, Center For Social Equity & Inclusion, Emory Douglas

Martin Luther King, Jr. Series

Program for the 2017 MLK Keynote Address: Emory Douglas. An artist, educator and human rights activist, Emory Douglas served as the Minister of Culture for the Black Panther Party from 1967-80. Best known for his political drawings and cartoons in the Black Panther Newspaper, he articulated the injustices experienced by African Americans living in the inner city, the growing militancy and organization among urban black youth in the face of police violence and the need for community-based social programs. 2017 MLK Keynote, Emory Douglas discusses the process, meaning and impact of his artwork then and now.

Precedent And Preclusion, Alan M. Trammell

Scholarly Articles

Preclusion rules prevent parties from revisiting matters that they have already litigated. A corollary of that principle is that preclusion usually does not apply to nonparties, who have not yet benefited from their own “day in court.” But precedent works the other way around. Binding precedent applies to litigants in a future case, even those who never had an opportunity to participate in the precedent-creating lawsuit. The doctrines once operated in distinct spheres, but today they often govern the same questions and apply under the same circumstances, yet to achieve opposite ends. Why, then, does due process promise someone a …

Measuring A Civil-Discovery Sanction For Failure To Turn Over Requested Material: Goodyear Tire V. Haeger (15-1406), Doug Rendleman

Scholarly Articles

A sanction that is unrelated to misconduct is criminal and requires criminal instead of civil procedure. In a product liability lawsuit, the respondent, Goodyear, failed to turn over important tests before the parties settled. The petitioners, the Haegers—a couple who alleged Goodyear’s tires caused injuries—sought approval of a sanction based on their attorney fees. Complex and technical civil procedural rules and statutes, contempt, and the court’s inherent power will govern the Supreme Court’s decision. The issue before the Court is the specificity of the causal link between Goodyear’s misconduct and the amount of the civil sanction.

Mountain Or Molehill?, Steven Baicker-Mckee

Duquesne Law Review

The 2015 amendments to the Federal Rules of Civil Procedure were the latest maneuver by the conservative Supreme Court to protect big corporations, and will result in a meaningful restriction of access to justice for individuals and those with limited means. Or, perhaps, they were nothing more than minor language tinkering that leaves judges free to continue their passive bystander approach to case management-tinkering that does little to curb the abusive discovery that leads defendants to make substantial settlement payments to resolve meritless cases simply to avoid exploding litigation costs. Stakeholders reading the same text and the same Advisory Committee …

The Courts And The People In A Democratic System: Against Federal Court Exceptionalism, Simona Grossi

Notre Dame Law Review Reflection

This Essay covers the authors reflections on the role of procedure in our democratic system.

What's Your Story? Every Famous Mark Has One: Persuasion In Trademark Opposition Briefs, Candace Hays

Marquette Intellectual Property Law Review

A key contention of legal writing scholarship is that the legal resolution is rooted in storytelling. The law consists of an endless telling and retelling of stories. Clients tell stories to their lawyers, who must figure out how to frame their client’s narrative into a legal context. Lawyers retell their clients’ stories to judges using pleadings, motions, and legal briefs. Judges and administrators retell these stories in the form of an opinion or verdict.

Storytelling in the legal context is an important element of persuasion. For the purpose of this comment, legal storytelling is defined as the use of fiction-writing …

Veil Piercing And Fraudulent Transfer Avoidance In Supplemental Proceedings: How Expanding Statutory Remedies And Enforcement Jurisdiction Can Promote Judicial Economy And Facilitate Judgment Collection, 50 J. Marshall L. Rev. 279 (2017), Guy Macarol

UIC Law Review

This comment will highlight the advantages of consolidating fraudulent transfer avoidance claims and piercing actions within supplemental proceedings, particularly with respect to the important goals of promoting judicial economy and the successful collection of judgments.

Proportional Discovery's Anticipated Impact And Unanticipated Obstacle, Gregory L. Waterworth

University of Baltimore Law Review

No abstract provided.

Insuring Bias: Does Evidence Of Common Insurance Demonstrate Relevant Expert Witness Bias In Medical Negligence Litigation?, 55 Duq. L. Rev. 339 (2017), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.

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, 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 …

Private Or Public Right? Who Should Adjudicate Patentability Disputes And Is The Current Scheme Really Constitutional?, Jasmyne M. Baynard

Marquette Intellectual Property Law Review

“The patent bargain is the foundation upon which the patent system is built: in exchange for protections for an invention, the inventor agrees to make public their inventions so that others may build upon it.” The patent bargain creates a presumption of protection for the inventors, yet categorizing the patent a public right or a private right has diminished expectations for inventors and confusion for the masses. On October 11, 2016, the Supreme Court denied two petitions for writ of certiorari that challenged the constitutionality of Patent Trial and Review Board proceedings on the basis of the patent owner’s Seventh …

Tc Heartland Llc V. Kraft Foods Group Brands And The Big Debate About East Texas: How A Delaware Case Leaves Patent Venue Unsettled And Presages As Applied Challenges To The Constitutionality Of Narrow Venue Interpretations, 17 J. Marshall Rev. Intell. Prop. L. 232 (2017), Jesse Snyder

UIC Review of Intellectual Property Law

Lack of sanguinity for patent holders was manifest after the Supreme Court’s May 22, 2017, opinion in TC Heartland LLC v. Kraft Foods Group Brands LLC. Yet whether TC Heartland—a case from the U.S. District Court for the District of Delaware—represents a fait accompli against forum shopping remains debatable. Writing for the Court in a unanimous opinion, Justice Clarence Thomas rejected the U.S. Court of Appeals for the Federal Circuit’s interpretation that an intervening amendment to the general venue statute broadened the scope of venue for patent cases. The patent venue statute, 28 U.S.C. § 1400(b), provides that “[a]ny civil …

Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness

SMU Science and Technology Law Review

In 2006, Federal Rule of Civil Procedure (FRCP) 37(e) came into effect, declaring that lost electronically stored information (ESI) could not prompt “sanctions … on a party” absent “exceptional circumstances.” Sanctions were limited to where the loss resulted from “the routine, good-faith operation of an electronic information system.” Effective December 1, 2015, Rule 37(e) now contemplates limited “measures … to cure the prejudice” caused by lost and irreplaceable ESI arising from a party’s failure “to take reasonable steps to preserve,” where the lost ESI “should have been preserved in the anticipation or conduct of litigation.” For more culpable conduct, the …

Attaching Domestic Assets To Remedy High Seas Pollution: Rule B And Marine Debris, Jonathan M. Gutoff

Roger Williams University Law Review

No abstract provided.

Chapter 467: Increasing Efficiency In California’S Civil Courts, April Perkins

University of the Pacific Law Review

No abstract provided.

A Disproportionate Response? The 2015 Proportionality Amendments To Federal Rule Of Civil Procedure 26(B), Matthew T. Ciulla

Notre Dame Law Review

On December 1, 2015, a set of amendments to the Federal Rules of Civil Procedure took effect. Among the most significant and contentious of these changes is the Rules’ renewed focus on the concept of proportionality in the scope of discovery, added in an effort to curb perceived over-discovery. This Note argues that the new Rule 26(b) is not likely to substantially further the Committee’s professed goals. Specifically, this Note shows that, even if over-discovery is a rampant problem with proportionality as its solution—a contention that is not well supported by empirical evidence—the new Rule 26(b) does little that will …