Thursday, July 12, 2018

Wasserman on Mitchell on the Writ-of-Erasure Fallacy

Now on the Courts Law section of JOTWELL is Howard Wasserman’s essay, A Step Toward a Proper Understanding of Constitutional Litigation. Howard reviews Jonathan Mitchell’s recent article, The Writ-of-Erasure Fallacy, 104 Va. L. Rev. (forthcoming 2018).

 

 

July 12, 2018 in Federal Courts, Recent Scholarship, Weblogs | Permalink | Comments (0)

Sunday, June 17, 2018

Singer on Rosen on William Howard Taft

Now on the Courts Law section of JOTWELL is Jordy Singer’s essay, Hail to the Chief Justice. Jordy reviews Jeffrey Rosen’s recent book, William Howard Taft.

 

 

June 17, 2018 in Recent Scholarship, Weblogs | Permalink | Comments (0)

Monday, May 21, 2018

Steinman on Davis & Whytock on State-Level Remedies for Human Rights Violations

Now on the Courts Law section of JOTWELL is my essay, Human Rights Litigation and the States. I review a recent article by Seth Davis and Chris Whytock, State Remedies for Human Rights, 98 B.U. L. Rev. 397 (2018).

 

 

May 21, 2018 in International/Comparative Law, Recent Scholarship, State Courts, Weblogs | Permalink | Comments (0)

Monday, May 7, 2018

Coleman on Wexler, Robbennolt & Murphy on #MeToo and Theories of Justice

Now on the Courts Law section of JOTWELL is Brooke Coleman’s essay, #MeToo Justice. Brooke reviews an article by Lesley Wexler, Jennifer Robbennolt, and Colleen Murphy, #MeToo, Time’s Up, and Theories of Justice.

 

 

May 7, 2018 in Recent Scholarship, Weblogs | Permalink | Comments (0)

Monday, April 23, 2018

Mulligan on Dodson on Rules Committee Amicus Briefs

Now on the Courts Law section of JOTWELL is Lou Mulligan’s essay, More Amicus Briefing? Lou reviews Scott Dodson’s article, Should the Rules Committees Have an Amicus Role?, 104 Va. L. Rev. 1 (2018).

 

 

April 23, 2018 in Federal Rules of Civil Procedure, Recent Scholarship, Weblogs | Permalink | Comments (0)

Monday, April 9, 2018

Thomas on de Figueiredo, Lahav & Siegelman on “The List”

Now on the Courts Law section of JOTWELL is Suja Thomas’s essay, Take Down the List. Suja reviews an article by Miguel de Figueiredo, Alexandra Lahav & Peter Siegelman, Against Judicial Accountability: Evidence From the Six Month List.

 

 

 

April 9, 2018 in Federal Courts, Recent Scholarship, Weblogs | Permalink | Comments (0)

Monday, March 26, 2018

Pfander on Nourse on Statutory Interpretation

Now on the Courts Law section of JOTWELL is Jim Pfander’s essay, Statutory Interpretation for Courts and Lawyers. Jim reviews Victoria Nourse’s book, Misreading Law, Misreading Democracy (2016).

 

 

 

March 26, 2018 in Recent Scholarship, Weblogs | Permalink | Comments (0)

Monday, March 12, 2018

Tidmarsh on Avraham, Hubbard & Lipschutz on Procedural Flexibility

Now on the Courts Law section of JOTWELL is Jay Tidmarsh’s essay, “And the Deposition Goes to the Gentleman in the Blue Pinstripe Suit.” Jay reviews a draft of an article by Ronen Avraham, William Hubbard, and Itay Lipschutz entitled Procedural Flexibility in Three Dimensions.

 

 

 

March 12, 2018 in Recent Scholarship, Weblogs | Permalink | Comments (0)

Friday, February 23, 2018

Wasserman on Schwartz on Qualified Immunity

Now on the Courts Law section of JOTWELL is Howard Wasserman’s essay, The Empirical Truth About Qualified Immunity. Howard reviews Joanna Schwartz’s recent article, How Qualified Immunity Fails, 127 Yale L.J. 2 (2017).

 

 

February 23, 2018 in Federal Courts, Recent Scholarship, Weblogs | Permalink | Comments (0)

Friday, February 9, 2018

Levy on Epps & Ortman on a SCOTUS Lottery Docket

Now on the Courts Law section of JOTWELL is Marin Levy’s essay, Redesigning the Cert Process. Marin reviews a forthcoming article by Dan Epps and Will Ortman, The Lottery Docket, 116 Mich. L. Rev. (forthcoming 2018).

 

 

February 9, 2018 in Recent Scholarship, Weblogs | Permalink | Comments (0)

Tuesday, January 23, 2018

Bookman on Effron on Privatized Procedure

Now on the Courts Law section of JOTWELL is Pamela Bookman’s essay, Cooperative Procedure-Making. Pam reviews Robin Effron’s forthcoming article, Ousted: The New Dynamics of Privatized Procedure and Judicial Discretion, 98 B.U. L. Rev. (forthcoming 2018).

 

 

 

January 23, 2018 in Federal Courts, Federal Rules of Civil Procedure, Recent Scholarship, Weblogs | Permalink | Comments (0)

Tuesday, January 9, 2018

Campos on Shapira & Zingales on Discovery and Rational Wrongdoing

Now on the Courts Law section of JOTWELL is Sergio Campos’s essay, Uncovering Through Discovery. Sergio reviews Roy Shapira’s & Luigi Zingales’s article, Is Pollution Value-Maximizing? The DuPont Case.

 

 

January 9, 2018 in Discovery, Recent Scholarship, Weblogs | Permalink | Comments (0)

Monday, December 11, 2017

Malveaux on Coleman on Women in Complex Litigation

Now on the Courts Law section of JOTWELL is Suzette Malveaux’s essay, A Prescription for Overcoming Gender Inequity in Complex Litigation: An Idea Whose Time Has Come. Suzette reviews Brooke Coleman’s recent article, A Legal Fempire?: Women in Complex Civil Litigation, which is forthcoming in the Indiana Law Journal.

 

 

December 11, 2017 in Recent Scholarship, Weblogs | Permalink | Comments (0)

Monday, November 27, 2017

Michalski on Dodge & Dodson on Personal Jurisdiction over Aliens

Now on the Courts Law section of JOTWELL is Roger Michalski’s essay, In Search of a Parsimonious Model of Personal Jurisdiction. Roger reviews Bill Dodge’s and Scott Dodson’s recent article, Personal Jurisdiction and Aliens, which is forthcoming in the Michigan Law Review.

 

 

 

 

November 27, 2017 in Recent Scholarship, Weblogs | Permalink | Comments (0)

Tuesday, November 7, 2017

Erbsen on Lahav on Procedural Design

Now on the Courts Law section of JOTWELL is Allan Erbsen’s essay, Sequential Progression of Dispute Resolution in Federal Courts. Allan reviews Alexandra Lahav’s recent article, Procedural Design.

 

 

 

November 7, 2017 in Federal Courts, Federal Rules of Civil Procedure, Recent Scholarship, Weblogs | Permalink | Comments (1)

Thursday, October 12, 2017

Mullenix on Symeonides on Choice of Law and Forum Selection Clauses

Now on the Courts Law section of JOTWELL is Linda Mullenix’s essay, Enquiring Minds Want to Know: What Law Governs Forum Selection Clauses? Linda reviews Symeon Symeonides’ recent article, What Law Governs Forum Selection Clauses, which is forthcoming in the Louisiana Law Review.

 

 

 

October 12, 2017 in Recent Scholarship, Weblogs | Permalink | Comments (0)

Friday, September 29, 2017

Walsh on Pfander and Birk (and Woolhandler) on Adversity and Article III

Now on the Courts Law section of JOTWELL is Kevin Walsh’s essay, Adversity and Non-Contentiousness. Kevin reviews two recent pieces by Jim Pfander and Daniel Birk, Adverse Interests and Article III: A Reply, 111 Nw. U. L. Rev. 1067 (2017), and Article III Judicial Power, the Adverse-Party Requirement, and Non-Contentious Jurisdiction, 124 Yale L.J. 1346 (2015), as well as Ann Woolhandler’s response to their arguments in Adverse Interests and Article III, 111 Nw. U. L. Rev. 1025 (2017).

 

 

 

 

 

 

September 29, 2017 in Federal Courts, Recent Scholarship, Standing, Subject Matter Jurisdiction, Weblogs | Permalink | Comments (0)

Tuesday, September 19, 2017

Smith on Baude on Qualified Immunity

Now on the Courts Law section of JOTWELL is Fred Smith’s essay, The Trouble with Qualified Immunity. Fred reviews Will Baude’s recent article, Is Qualified Immunity Unlawful?, which is forthcoming in the California Law Review.

 

 

 

September 19, 2017 in Recent Scholarship, Weblogs | Permalink | Comments (0)

Monday, April 24, 2017

Thornburg on Hoffman on Pleading

Now on the Courts Law section of JOTWELL is Beth Thornburg’s essay, A Well-Pleaded Argument. Beth reviews Lonny Hoffman’s recent piece, Plausible Theory, Implausible Conclusions, 83 U. Chicago L. Rev. Online 143 (2016).

 

 

 

April 24, 2017 in Federal Rules of Civil Procedure, Recent Scholarship, Twombly/Iqbal, Weblogs | Permalink | Comments (0)

Thursday, April 6, 2017

Pfander on Morley on Erie and Federal Equity

Now on the Courts Law section of JOTWELL is Jim Pfander’s essay, Erie and Equity. Jim reviews Michael Morley’s recent article, The Federal Equity Power.

 

 

 

 

April 6, 2017 in Federal Courts, Recent Scholarship, Weblogs | Permalink | Comments (0)