Tuesday, September 29, 2015
Last fall, the University of Missouri held a symposium entitled "Judicial Education and the Art of Judging: From Myth to Methodology." The articles from this symposium are now available at the University of Missouri scholarship website and will shortly be up on Westlaw and LexisNexis.
Judicial Education and Regulatory Capture: Does the Current System of Educating Judges Promote a Well-Functioning Judiciary and Adequately Serve the Public Interest? --S. I. Strong
What Judges Want and Need: User-Friendly Foundations for Effective Judicial Education --Duane Benton and Jennifer A.L. Sheldon-Sherman
Judicial Bias: The Ongoing Challenge --Kathleen Mahoney
International Arbitration, Judicial Education, and Legal Elites --Catherine A. Rogers
Towards a New Paradigm of Judicial Education --Mary R. Russell
Writing Reasoned Decisions and Opinions: A Guide for Novice, Experienced, and Foreign Judges --S. I. Strong
Judging as Judgment: Tying Judicial Education to Adjudication Theory --Robert G. Bone
Of Judges, Law, and the River: Tacit Knowledge and the Judicial Role --Chad M. Oldfather
Educating Judges—Where to From Here? --Livingston Armytage
Judicial Education: Pedagogy for a Change --T. Brettel Dawson
Hat tip: S.I. Strong
Tuesday, September 15, 2015
Thursday, September 3, 2015
The next in the American Bar Association’s free Continuing Legal Education for its members will be a program entitled Supreme Court Preview: The 2015-2016 Term. The webinar will be on Monday, September 21, 2015, from 1:00 PM - 2:30 PM ET.
The speaker will be Adam Liptak, Supreme Court Correspondent for the New York Times.
The program offers 1.5 hours of CLE credit. It is free for ABA members and $195 for non-members.
Monday, August 24, 2015
Conference: Magistrate Judges and the Transformation of the Federal Judiciary (Las Vegas, 9/25-9/26)
Here is the announcement:
The UNLV School of Law and the Duke School of Law are hosting a conference Magistrate Judges and the Transformation of the Federal Judiciary on September 25-26 in Las Vegas, NV. This conference may be the first effort to explore the critically important institution of magistrate judges from interdisciplinary, empirical, theoretical, and practical perspectives. This conference features political scientists, legal academics, statisticians, magistrate judges, district court judges, appellate court judges, and officers from the Administrative Office of U.S. Courts. Although the federal administration of justice is the subject of much academic study, the vital system of magistrate judges is often overlooked. Unlike many traditional academic conferences, this conference prioritizes participation by judges: multiple judges are featured on every panel, and every panel will elicit audience (especially judicial) participation in the form of comments and questions.
Academic participants include Christina Boyd (Georgia—Political Science), Tracey George (Vanderbilt), Mitu Gulati (Duke), Nancy King (Vanderbilt), Jack Knight (Duke), David Levi (Duke), Nancy Welsh,(Penn St) and Albert Yoon (Toronto). From UNLV, Dan Hamilton, Ann McGinley, Jeff Stempel and Jean Sternlight are participating. Federal judges who are panelists include Robert Collings (MA), Valerie Cooke (NV), Candy Dale (ID), Cam Ferenbach (NV), Michael Newman (OH), James O’Hara (KS), Philip Pro (NV), Johnnie Rawlinson (NV), and Neil Wake (AZ). Doug Lee and Tom Davis from the Administrative Office of U.S. Courts are also presenting a paper.
The conference begins at noon on Friday, September 25 and ends at noon the following day. Registration information is available here. For additional information you may also contact Thomas Main, email@example.com.
Thursday, April 23, 2015
The Eighth Annual Junior Faculty Federal Courts Workshop is happening at the University of California, Irvine School of Law on September 11-12, 2015. If you wish to present a paper, the deadline to submit abstracts is June 19, 2015. Howard Wasserman has posted the details over at PrawfsBlawg.
As we covered earlier, the first annual Civil Procedure Workshop is being held July 16-17 at Seattle University School of Law. You can find more details and registration information in the document linked below:
Tuesday, April 7, 2015
The 21st Annual Clifford Symposium on Tort Law and Social Policy will be held April 16 and 17, 2015 at DePaul University College of Law. The topic this year is "The Supreme Court, Business and Civil Justice." Presenters and discussants include (in order of appearance) David Horton, Anthony Sebok, Katherine Stone, Stephan Landsman, Margaret Blair, Elizabeth Pollman, Gregory Mark, Eric Orts, Thomas Colby, Mark Geistfeld, John Goldberg, Benjamin Zipursky, Thomas Lee, Sandra Sperino, Richard Epstein, Stephen Burbank, Sean Farhang, Richard Marcus, Joanna Schwartz, Elizabeth Thornburg, Margo Schlanger, Elizabeth Burch, Erwin Chemerinsky, Marc Galanter, Jeffrey Rachlinski, and David Franklin.
From the web site:
Recent empirical research suggests that corporate interests do unusually well in the United States Supreme Court. The Court’s decisions concerning business entities do not only affect matters of corporate law and regulation, but also a wide array of civil justice issues. They have enhanced the reach of arbitration as a substitute for court-based adjudication. They have dramatically altered federal civil procedure. They have changed the tort law landscape despite the traditional anchoring of tort principles in state legislation and judicial precedent. These shifts and their implications for the civil justice system will be the focus of this year’s Clifford Symposium on Tort Law and Social Policy.
This event is free and open to the public but you must register to attend by April 13, 2015 at
Friday, April 3, 2015
Boston University Law School
October 2-3, 2015
This annual workshop brings together scholars focused on corporate and securities litigation to present their works-in-progress. The papers may address any aspect of corporate and securities litigation or enforcement, including but not limited to securities class actions, fiduciary duty litigation, or comparative approaches to business litigation. We welcome scholars working in a variety of methodologies, including empirical analysis, law and economics or other fields, and traditional doctrinal analysis. Participants will generally be expected to have drafts completed by the fall, although work in a more formative stage may also be included. Each author will provide a brief introduction, but most of the time in each session will be devoted to collective discussion of the paper.
Submission Procedure : If you are interested in participating in the conference, which will be held at Boston University Law School on October 2-3, 2015, please send an abstract or draft of the paper you would like to present to firstname.lastname@example.org no later than May 29, 2015. Please include your name, current position, and contact information in the e-mail accompanying the submission. Authors of accepted papers will be notified by June 30, 2015.
Questions: Any questions concerning the workshop should be directed to the organizers: Professor David Webber (email@example.com), Professor Jessica Erickson (firstname.lastname@example.org) and Professor Verity Winship (email@example.com).
Tuesday, March 31, 2015
I started off this month talking about Erie, so here’s another Erie post to bring things full circle. Back in the fall, I was glad to participate in the Hastings Law Journal’s symposium on last Term’s SCOTUS decision in Atlantic Marine Construction Co. v. United States District Court. Atlantic Marine was a unanimous decision—authored by Justice Alito—on how and when to enforce forum-selection clauses in federal court. It’s a set of issues that only a civil procedure professor could love, and if you teach civil procedure Atlantic Marine may already be on your syllabus.
The symposium issue is now out. You can find links to all of the articles here, including contributions by Andrew Bradt, Kevin Clermont, Scott Dodson, Robin Effron, Linda Mullenix, Steve Sachs, and Brad Shannon. My piece is Atlantic Marine Through the Lens of Erie, and here’s the abstract:
The Supreme Court’s unanimous decision in Atlantic Marine clarified several things about the enforcement of forum-selection clauses in federal court. But something important was missing from Justice Alito’s opinion — the Erie doctrine. Erie, of course, helps to determine the applicability of state law in federal court, and state law potentially has a lot to say about contractual forum-selection clauses. Indeed, Erie was front and center the last time the Court confronted the enforcement of forum-selection clauses in federal court, when it decided Stewart Organization v. Ricoh a quarter century ago.
This article for the Hastings Law Journal’s symposium on Atlantic Marine examines that decision through the lens of Erie, and explores the role that Erie and state law should play in the Atlantic Marine framework. Atlantic Marine may appear at first glance to mandate virtually unflinching enforcement of forum-selection clauses. But Justice Alito’s approach in Atlantic Marine applies only when the forum-selection clause is “contractually valid.” Properly understood, Erie requires federal courts to look to state law to decide this question — at least in diversity cases. To allow federal courts to disregard state law in applying Atlantic Marine would raise several troubling Erie concerns: geographic relocation contrary to what would occur in state court; changing the substantive law that would govern the ultimate merits of the litigation in state court; and overriding state contract law and contractual remedies via the sort of federal common law that Erie forbids.
My thanks once again to the students, organizers, and panelists, as well as to the DJ who was able to find some Rod Stewart tracks without any advance notice. I learned a lot and had a great time.
[Cross-posted at PrawfsBlawg]
Friday, January 16, 2015
Now available on the Courts Law section of JOTWELL is an essay by Mark Tushnet discussing The Federal Courts Junior Scholars Workshop. Some interesting thoughts on faculty workshops generally, as well as trends in federal courts scholarship.
Tuesday, December 30, 2014
If you’ll be in Washington, DC for the AALS meeting this coming weekend, Alliance for Justice will be showing their new documentary, Lost in the Fine Print: Examining the Impact of Forced Arbitration. It’ll be from 8:30-9:30pm on Saturday, January 3. More details and a list of speakers here.
Friday, December 5, 2014
Friday, October 3, 2014
Below is a link to the announcement and call for papers for the First Annual Civil Procedure Workshop, which is being organized by Brooke Coleman (Seattle University), Liz Porter (University of Washington) and Dave Marcus (University of Arizona). It will be held at Seattle University on July 16-17, 2015. Future conferences will take place at the University of Washington and the University of Arizona. The deadline to submit abstracts is December 15, 2014.
Monday, August 18, 2014
We covered earlier the upcoming Hastings Law Journal symposium on the Supreme Court’s recent decision in Atlantic Marine Construction Co. v. U.S. District Court. It will take place in San Francisco on Friday, September 19th. Here’s an announcement/invitation with more details:
You are cordially invited to attend a symposium on Atlantic Marine v. U.S. District Court, a decision by the U.S. Supreme Court last Term that held forum-selection clauses to be enforceable under Sec. 1404(a)'s authorization of venue transfer. The symposium, co-sponsored by UC Hastings and Hastings Law Journal, will bring renowned scholars from across the country to discuss the importance of the decision and its implications for civil litigation. Up to 3.5 hours of California MCLE credit is available. Free and open to the public, the symposium will be held at UC Hastings College of the Law, 198 McAllister St., in the Louise B. Mayer Room from 1:00-4:30pm on Friday, September 19, 2014. A reception for all attendees will immediately follow. Register here: http://www.hastingslawjournal.org/symposium/.
Tuesday, August 12, 2014
VANDERBILT LAW SCHOOL
CECIL D. BRANSTETTER LITIGATION & DISPUTE RESOLUTION PROGRAM
2015 NEW VOICES IN CIVIL JUSTICE SCHOLARSHIP WORKSHOP
CALL FOR PAPERS
Vanderbilt Law School’s Branstetter Litigation & Dispute Resolution Program invites submissions for its 2015 New Voices in Civil Justice Scholarship Workshop, to be held May 11-12, 2015, at Vanderbilt Law School.
The Branstetter Program draws on a multimillion-dollar endowment to support research and curriculum in civil litigation and dispute resolution. Held annually, the Branstetter New Voices Workshop brings together junior scholars, senior scholars, and Vanderbilt faculty in the areas of civil justice. This year, three junior scholars will be selected via a blind review process to present at the New Voices Workshop.
The New Voices format maximizes collegial interaction and feedback. Paper authors do not deliver prepared “presentations.” Rather, all participants read the selected papers prior to the session, and at each workshop, a senior faculty member provides a brief overview and commentary on the paper. Open and interactive discussion immediately follows.
1. Subject matter. Submitted papers should address an aspect of civil justice, broadly defined. Subject areas may include, but are not limited to, civil procedure, complex litigation, evidence, federal courts, judicial decision-making, alternative dispute resolution, remedies, and conflict of laws. In keeping with the intellectual breadth of the Branstetter Program faculty, the Workshop welcomes all scholarly methodologies, from traditional doctrinal analysis to quantitative or experimental approaches.
2. Author qualifications. To be eligible to submit a paper, scholars must currently hold either a faculty position or a fellowship.
3. Format / Anonymity. We will consider preliminary drafts, drafts under submission, or accepted papers that will not be published by the time of the workshop. Papers should be formatted either in Microsoft Word or Adobe Acrobat. To maintain the anonymity of the process, please remove any self-identifying information from the submission.
4. Deadline. Submissions should be e-mailed to Branstetter.Program@vanderbilt.edu no later than January 1, 2015. Please include your name, current position, and contact information in the e-mail accompanying the submission. We will contact you with our decision by February 15. Final drafts are due no later than April 15.
The Branstetter Program will pay all reasonable travel expenses within the United States for invited participants. Additional information can be found at http://law.vanderbilt.edu/newvoices. If you have any questions, please email the New Voices Workshop Chair, Professor Erin O’Hara O’Connor.
NEW VOICES IN CIVIL JUSTICE SCHOLARSHIP WORKSHOP
Tara Grove, William & Mary Law School
Scott Dodson, UC Hastings College of Law
Hiro Aragaki, Loyola Law School of Los Angeles
Invited Senior Scholar: Tobias Wolff
Sergio Campos, University of Miami
Robin Effron, Brooklyn Law School
Christopher Robertson, University of Arizona
Invited Senior Scholars: Benjamin Spencer & Neil Vidmar
Elizabeth Chamblee Burch, University of Georgia
Christina Boyd, SUNY Buffalo
Alexandra Lahav, University of Connecticut School of Law
Ariana Levinson, University of Louisville-Brandeis School of Law
Corey Yung, University of Kansas
Invited Senior Scholars: Robert Bone, Myriam Gilles & Kevin Clermont
2011 (began as an annual event)
Nora Freeman Engstrom, Stanford Law School
Maria Glover, Georgetown Law School (then at Harvard Law School (Climenko Fellow))
Margaret Lemos, Duke Law School (then at Cardozo School of Law)
Jonathan Mitchell, George Mason University School of Law
Invited Senior Scholar: Jay Tidmarsh
Myriam Gilles, Cardozo School of Law
Donna Shestowsky, U.C. Davis School of Law
A. Benjamin Spencer, University of Virginia School of Law (then at University of Richmond)
Amanda Tyler, U. C. Berkeley School of Law (then at George Washington University Law School)
Tobias Wolff, University of Pennsylvania Law School (then at U.C. Davis School of Law)
Invited Senior Scholar: Catherine Struve
Friday, July 18, 2014
The ABA is presenting a free (to members) Webinar called "The Mobile Transformation: The Extraordinary Legal Implications of Billions of Mobile Devices" on Monday, July 21, 2014 from 1:00-2:30 p.m.
Information on the Webinar is here.
Monday, July 7, 2014
The Civil Procedure Section of the AALS will present a panel, “The Rising Bar to Federal Courts: Beyond Pleading and Discovery,” at the 2015 AALS Annual Meeting in Washington, D.C. The panel will run from 10:30 a.m. to 12:15 p.m. on Saturday, January 3, 2015, at the Washington Marriott Wardman Park Hotel. This panel brings together a group of people with different roles and perspectives to provide insights and commentary on the effects of civil procedure rules and doctrine on the current federal court docket. Confirmed outside speakers include a United States District Court judge, an empirical researcher from the Federal Judicial Center, a plaintiffs’ side attorney, and a lawyer from the defense bar.
The Section seeks 1-2 academic speakers/papers for further perspective on how developments in rules and case law are acting at the federal trial court level to affect and restrict the nature of the court docket. While tremendous attention has been given to Twombly/Iqbal and discovery rules, our panel seeks to go beyond these two “usual suspects” to focus on other developments in doctrine and rulemaking that also alter the potential for court access, including, but not limited to, issues around personal jurisdiction, mandatory ADR, transnational litigation, and class actions.
The selected author(s) will present their papers at the AALS annual meeting in January 2015 in Washington, D.C. Neither the AALS nor the Section is able to provide travel funding. The selected authors and all panelists will have the opportunity to publish their papers in the Journal of Civil Rights and Economic Development (St. John’s Law School), subject to final approval by the journal editors.
All draft papers must be submitted by Tuesday, September 2, 2014. Please send submissions to Rebecca Hollander-Blumoff, Chair of the Section on Civil Procedure, by email to firstname.lastname@example.org. Respondents will be notified of the Section’s decision by the end of September.
Monday, June 9, 2014
AALS Section on Federal Courts: Annual Award for Best Untenured Article on the Law of Federal Jurisdiction
The AALS Section on Federal Courts is pleased to announce the third annual award for the best article on the law of federal jurisdiction by a full-time, untenured faculty member at an AALS member or affiliate school and to solicit nominations (including self-nominations) for the prize to be awarded at the 2015 AALS Annual Meeting in Washington, D.C.
The purpose of the award program is to recognize outstanding scholarship in the field of federal courts by untenured faculty members. To that end, eligible articles are those specifically in the field of Federal Courts that were published by a recognized journal during the twelve-month period ending on September 1, 2014 (date of actual publication determines eligibility). Eligible authors are those who, at the close of nominations (i.e., as of September 15, 2014), are untenured, full-time faculty members at AALS member or affiliate schools, and have not previously won the award.
Nominations (or questions about the award) should be directed to Tara Leigh Grove at William and Mary Law School (email@example.com), Chair of the AALS Section on Federal Courts. Without exception, all nominations must be received by 11:59 p.m. (EDT) on September 15, 2014. Nominations will be reviewed by a prize committee comprised of Professors Janet Cooper Alexander (Stanford), Allan Erbsen (Minnesota), Tara Leigh Grove (William & Mary), James Pfander (Northwestern), and Judith Resnik (Yale), with the result announced at the Federal Courts section program at the 2015 AALS Annual Meeting.
Friday, May 30, 2014
The Hastings Law Journal seeks submissions for a symposium on forum selection after Atlantic Marine Construction Co. v. U.S. District Court. The symposium, co-sponsored by the Journal and by UC Hastings College of the Law, will be held at UC Hastings in San Francisco on Friday, September 19, 2014.
Topics may include -- but need not be limited to -- analyses and implications of the Supreme Court’s decision, the sources of law governing forum selection, and issues of private control of litigation more generally. Accepted essays will be published in the Journal in 2015, and invited participants will receive assistance with travel and lodging expenses. Practitioners and others working in the field are welcome to attend.
Abstracts of 2-4 pages should be sent to firstname.lastname@example.org no later than Monday, June 23. Authors of accepted essays will be notified in the first week of July, and completed drafts must be submitted for circulation to symposium participants by Friday, September 5.
Wednesday, May 21, 2014
The Southeastern Association of Law Schools (SEALS) annual conference will be held August 1-7, 2014 at The Omni, Amelia Island, Florida. The program is available here.
Panels and discussion groups related to civil litigation include:
SUPREME COURT AND LEGISLATIVE UPDATE: BUSINESS AND REGULATORY ISSUES
This part of the Supreme Court and Legislative Update panels focuses on decisions relating to corporate issues, civil litigation, and administrative and business issues, as well as important legislation enacted by Congress or the states.
Moderator: Professor Charles "Rocky" Rhodes, South Texas College of Law
Speakers: Professor Christopher Green, The University of Mississippi School of Law; Professor Erin Hawley, University of Missouri School of Law; Professor Joan Heminway, The University of Tennessee College of Law; Professor David Hricik, Mercer University Law School; Professor Andrew Siegel, Seattle University School of Law; Professor Douglas Williams, Saint Louis University School of Law
Discussion Group: MANDATORY ARBITRATION AND JUSTICE
Mandatory binding arbitration has come under increasing scrutiny in Congress, the Supreme Court, and public discourse. Critics argue that the process is unfair because it is not truly consensual or because it lacks important procedural safeguards. By contrast, defenders claim that baseline norms of fairness are presupposed in the idea of arbitration and that outcomes for consumers and employees are at least as good as those in litigation.
Is justice possible in mandatory arbitration? How important is it in relation to other values such as autonomy and efficiency? How should we measure “justice”? We will discuss both historical and contemporary focuses, as well as individual and group perspectives.
Moderators: Professor Hiro Aragaki, Loyola Law School, Los Angeles; Professor Andrea Doneff, Atlanta's John Marshall Law School
Discussants: Professor Sarah Cole, The Ohio State University, Moritz College of Law; Professor Jaime Dodge, University of Georgia School of Law; Professor Richard Frankel, Drexel University School of Law; Professor Michael Green, Texas A&M University School of Law; Professor Jill Gross, Pace University School of Law; Professor Stephen Ware, University of Kansas School of Law; Professor Nancy Welsh, Penn State University, Dickinson School of Law; Professor Maureen Weston, Pepperdine University School of Law
Discussion Group: CIVIL PROCEDURE DISCUSSION GROUP: PROCEDURAL HURDLES AND THE DAY IN COURT
The judicial process has transformed over the last decades, which has impacted the ability of plaintiffs to obtain a day in court. Federal statutory and rule revisions, as well as recent Supreme Court decisions, have made marked changes in the enforcement of arbitration clauses, federal subject matter jurisdiction, personal jurisdiction, venue, pleading standards, class certification standards, and the discovery process. These changes have combined to place greater emphasis on the pretrial process at the expense of the availability of a trial. This discussion group will explore these changes, at both an individual and collective level, and the resulting changes to the American system of procedure. Discussants will exchange papers before the conference examining these issues from a variety of perspectives.
Moderators: Professor Michael Allen, Stetson University College of Law; Professor Thomas Metzloff, Duke University School of Law
Discussants: Professor Donald Childress III, Pepperdine University School of Law; Professor Scott Dodson, University of California, Hastings, College of the Law; Professor Richard Freer, Emory University School of Law; Professor Paul Gugliuzza, Boston University School of Law; Professor Megan La Belle, The Catholic University of America, Columbus School of Law; Professor Benjamin Madison, Regent University School of Law; Professor Philip Pucillo, Michigan State University College of Law; Professor Charles Rocky Rhodes, South Texas College of Law; Professor Cassandra Robertson, Case Western Reserve University School of Law; Professor Howard Wasserman, Florida International University College of Law
NEW SCHOLARS COLLOQUIA (PANEL #6)
Civil procedure and Courts
Moderator: Professor Scott Dodson, University of California, Hastings, College of the Law
Speakers: Professor Ramona Lampley, St. Mary's University School of Law, Arbitration, Transparency, and Access to Courts (Mentor: Professor Thomas Metzloff, Duke University School of Law); Professor Jason Parkin, Pace University School of Law, Due Process Disaggregation (Mentor: Professor Benjamin Barton, The University of Tennessee College of Law); Professor Victoria Shannon, Washington and Lee University School of Law, Regulating the Procedural Facet of Third-Party Funding (Mentor: Professor Danielle Holley-Walker, University of South Carolina School of Law); Professor Jessica Steinberg, The George Washington University Law School, Demand Side Reform in the Poor People's Court (Mentor: Professor Cassandra Burke Robertson, Case Western Reserve University School of Law)
If I missed any, please let me know. Thanks.