Thursday, August 5, 2010

NY Times Reports on Outsourcing Discovery Work to India

Today's New York Times features a story about the growing trend of outsourcing discovery work (and other legal work) to India.


August 5, 2010 in In the News | Permalink | Comments (0)

Wednesday, August 4, 2010

Grimmel on the Legacy of Rationalism in the European Court of Justice

Andreas Grimmel (Minda de Gunzburg Center for European Studies (CES); Harvard University; University of Hamburg) has posted "Judicial Interpretation or Judicial Activism?: The Legacy of Rationalism in the Studies of the European Court of Justice" on SSRN.

The abstract states:

During the last two decades, law as a factor in European integration has attracted great scientific interest. Numerous studies and theoretical analyses have been published which have undertaken the task of examining and explaining the role of law in the progress of integration. The European Court of Justice (ECJ) in particular, as Europe’s judiciary body, draws much attention in this context. However, the inflexible, mechanistic and universalistic notion of rationality that these works employ leads to serious misinterpretations and unjustified criticism regarding the role the ECJ takes in the course of integration. Within the frameworks of contemporary approaches the Court is perceived as just one more political player among other actors and institutions able to shape the EU in the pursuit of its own rational interests. By outlining the theoretical concept of context rationality, this article shows that the logics of law and judicial law making are based on a non-trivial and non-political rationality and cannot be understood appropriately without paying attention to the context of European law.


August 4, 2010 in International Courts, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)

Tuesday, August 3, 2010

Akron Law Review Symposium on Erie & Shady Grove

The Legal Scholarship Blog has posted this announcement from the Akron Law Review:

The Akron Law Review announces a forthcoming written symposium, “Erie Under Advisement. The Doctrine After Shady Grove.” The deadline for submitting manuscripts is Oct. 15, 2010.

The symposium issue will explore the contours of the Erie doctrine after the Supreme Court’s decision in Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., 130 S. Ct. 1431 (2010). The Court’s fractured opinion in Shady Grove raises many questions regarding the durability of the framework established in Hanna v. Plumer for resolving potential conflicts between Federal Rules and state law, or if the framework remains intact, how courts should apply that framework.

Articles should focus on topics regarding the future implications of Shady Grove, and the Court’s treatment of the substantive rights prohibition of the Rules Enabling Act. Manuscripts on other aspects of the future of the Erie doctrine are also welcome.

The Akron Law Review will review articles on a rolling basis until Oct. 15, 2010. Articles should conform to The Bluebook citation format. We welcome articles of any length. Please send all questions and article submissions by e-mail to: Morena Carter, Editor-in-Chief, Akron Law Review, lawreview [at]


August 3, 2010 in Conferences/Symposia | Permalink | Comments (0)

Monday, August 2, 2010

Parness on Judicial Verses Legislative Authority in Illinois After Lebron

Professor Jeffrey A. Parness (Northern Illinois University College of Law) has posted "Judicial Verses Legislative Authority after Lebron" on SSRN. It will be published in the Illinois Bar Journal.

The abstract states:

In February, 2010 in Lebron v. Gottlieb Memorial Hospital, the Illinois Supreme Court invalidated certain statutory caps on non-economic damages in medical negligence cases. The court ruled the caps “unduly” infringed “upon the inherent power of the judiciary” theretofore recognized (albeit in judicial dictum) within the separation of powers clause of the Illinois Constitution. The caps were said to “encroach” on the judiciary’s “sphere of authority” in civil procedure lawmaking because they impeded “the courts in the performance of their function.”

This article examines what types of statutes after Lebron will likely be invalidated on separation of powers grounds. After examining Lebron, the article concludes that there will be heightened judicial scrutiny of statutes on attorney conduct, appellate practice, and jury decision-making.


August 2, 2010 in Recent Scholarship | Permalink | Comments (0) | TrackBack (0)

Three New Comparative Articles