Wednesday, October 3, 2012
Now available on the Courts Law section of JOTWELL is an essay by Prof. Lee Epstein entitled Introducing the Court. It reviews Linda Greenhouse’s recent book, The U.S. Supreme Court: A Very Short Introduction (Oxford University Press 2012). The review begins:
The U.S. Supreme Court: A Very Short Introduction is indeed a very short book (far shorter than most law review articles), but it is no “Supreme Court for Dummies.” To the contrary, it is a sophisticated, yet accessible, addition to Oxford’s Very Short Introduction series.
As for you Supreme Court junkies: don’t make the mistake of discounting it. I’ve been studying the Court for nearly thirty years and still learned new things, whether small factoids or different ways to think about an institution that, as Greenhouse rightfully notes, continues to “occup[y] a place in the public imagination.” (p. 87).
Tuesday, August 21, 2012
Now available on the Courts Law section of JOTWELL is an essay by Prof. Howard Wasserman (Florida International) entitled SCOTUS in Focus: Two Takes on Cameras in the Federal Courts. It reviews two recent articles: Nancy S. Marder, The Conundrum of Cameras in the Courtroom, Ariz. St. L. Rev. (forthcoming 2012), and Lisa T. McElroy, Cameras at the Supreme Court: A Rhetorical Analysis, BYU L. Rev. (forthcoming 2012). The review begins:
Television cameras in the courtroom probably have been debated since there have been cameras to bring into the courtroom, with periodic spikes in attention around high-profile cases–O.J. Simpson’s criminal trial or Bush v. Gore or this term’s Supreme Court arguments on the Affordable Care Act. In the past two decades, a communications revolution has turned that occasional spike in attention into a constant drumbeat. More attention from more outlets is focused on the federal courts, particularly the Supreme Court. And video is ever-more accessible, as people can watch on a multitude of devices in a multitude of places, and ever-less obtrusive, so courtroom actors can easily be recorded without knowing it.
Yet, as Nancy Marder puts it, “the revolution has been stopped cold at the steps to the U.S. federal courthouse.” And the Justices themselves have erected and manned the barricades–rejecting calls for more open and immediate coverage of oral arguments in the obviously unique ACA cases, fighting Congress over who wields power to decide whether to allow cameras, and even jumping into disputes over cameras in the lower federal courts in high-profile cases.
Wednesday, July 11, 2012
Now available on the Courts Law section of JOTWELL is an essay by Prof. Janet Walker (York University – Osgoode Hall) entitled Ethical Lawyering in the Clientless World of Class Actions in Canada. It reviews a recent article by Prof. Jasminka Kalajdzic (University of Windsor), Self Interest, Public Interest, and the Interests of the Absent Client: Legal Ethics and Class Action Praxis, 49 Osgoode Hall L.J. 1 (2011). The review begins:
It is surprising what you can learn by watching the next generation coming of age. In this way, lawyers in the United States can gain much from following the experiences of the Canadian legal community as it climbs the steep learning curve needed to formulate the parameters and protocols for complex litigation.
Civil litigation and the structure of the legal profession in Canada do not pretend to challenge American exceptionalism. There are important differences between the two legal systems. But they have enough in common that academics and others in the U.S. can gain useful insight into class actions practice by hearing how Canadians are currently struggling to meet the kinds of challenges that have long been the subject of debate in the U.S. In this fine article, Jasminka Kalajdzic explores a new subject, at least for Canadian lawyers: the special ethical concerns that arise for counsel in class actions.
Tuesday, July 10, 2012
SCOTUSblog has started an online symposium discussing Kiobel v. Royal Dutch Petroleum, which will be reargued in the Supreme Court this fall. Here’s a brief introduction by Kali Borkoski. To keep track of the new contributions as they get posted, head here. The guest contributors include:
- Donald Childress – Pepperdine School of Law
- Sarah Cleveland – Columbia Law School
- Anthony Colangelo – SMU Dedman School of Law
- Susan Farbstein – Harvard Law School
- Meir Feder – Jones Day
- Oona Hathaway – Yale Law School
- Eugene Kontorovich – Northwestern School of Law
- Julian Ku – Hofstra Law School
- Michael Ramsey – University of San Diego Law School
- Beth Stephens – Rutgers School of Law
- Ingrid Wuerth – Vanderbilt Law School
Tuesday, May 29, 2012
Now available on the Courts Law section of JOTWELL is an essay by Prof. Suzette Malveaux (Catholic University) entitled Plausibility Pleading and Employment Discrimination. It reviews a recent article by Prof. Charles Sullivan (Seton Hall), Plausibly Pleading Employment Discrimination, 52 Wm. & Mary L. Rev. 1613 (2011). The review begins:
In a sea of law review articles analyzing the potential impact of the more rigorous federal pleading standard of Ashcroft v. Iqbal, Charles Sullivan’s Plausibly Pleading Employment Discrimination stands out for a number of reasons. As an initial matter, Sullivan grapples with an important question plaguing the civil rights community and the employment bar: does Swierkiewicz v. Sorema—the unanimous 2002 opinion that took a lenient approach to pleading discrimination cases—remain good law post-Iqbal? Sullivan argues that Iqbal did not overturn Swierkiewicz, leaving intact the ability of plaintiffs to plead employment discrimination without alleging a prima facie case under the McDonnell Douglas test.
But Sullivan then considers the alternate view: assuming arguendo that Iqbal did overrule Swierkiewicz, what should plaintiffs do to avoid dismissal for failure to state a claim under this more rigorous pleading regime? Sullivan offers a variety of approaches, each with strengths and weaknesses. This willingness to explore the proverbial edge of the envelope makes this article a compelling read. It combines pragmatism, creativity, and boldness at a time when many are struggling to make sense of the impact of the new federal pleadings standard in the civil rights arena. Given the importance of pleadings as an access to justice issue, this article provides an invaluable perspective.
Tuesday, May 1, 2012
Now available on the Courts Law section of JOTWELL is an essay by Prof. Sergio Campos (Miami) entitled Striking Out Specious Claims in Mass Tort Global Settlements. It reviews a forthcoming article by Prof. S. Todd Brown (SUNY Buffalo), Specious Claims and Global Settlements.
The review begins:
The late Richard Nagareda once noted that global settlements in mass tort litigation present a “Field of Dreams” problem – “if you build it, they will come.” In the movie, people came to the Iowa baseball field in the corn fields because it was “money they had, but peace they lacked.” The opposite is true in mass tort litigation. In most cases, multinational corporations and plaintiffs’ firms with large inventories of claims typically achieve peace through a global settlement resolving all of the victims’ claims. It is money that the individual victims lack, and it is why the victims consistently come in droves, many with claims that are specious at best. In his excellent article Specious Claims and Global Settlements, Todd Brown examines three comprehensive settlements in mass tort litigation to identify the cause of the “Field of Dreams” problem.
Wednesday, April 25, 2012
Now comes a video, courtesy of the 2012 Emory Law Follies, that features civil procedure prof Rich Freer expertly channeling Michael Bolton (and others):
(Hat Tip: Thom Main)
Thursday, April 19, 2012
Tuesday, February 28, 2012
Lots of coverage on Kiobel v. Royal Dutch Petroleum, which is being argued today:
- Kenneth Anderson (Volokh Conspiracy)
- Lyle Denniston (SCOTUSblog)
- Jonathan Hafetz (ABA Preview)
- Julian Ku (Point of Law)
- Juan Mendez (Opinio Juris)
- David Savage (Los Angeles Times)
- Nina Totenberg (NPR)
- Peter Weiss (New York Times)
- David Weissbrodt (Point of Law)
- Stephen Wermiel (SCOTUSblog)
One issue that isn’t squarely raised by the questions presented is whether the Alien Tort Statute applies to claims brought by one alien against another (as in Kiobel). Amanda Frost’s Academic Round-up for SCOTUSblog covers an essay by Anthony Bellia and Bradford Clark, which argues that the Alien Tort Statute applies only to claims brought by an alien against a U.S. citizen. Marco Simons has a response on Concurring Opinions.
Monday, February 27, 2012
Now available on the Courts Law section of JOTWELL is an essay by Prof. Lonny Hoffman (Houston) entitled A Modest Proposal on Preservation. It reviews an article by Prof. William Hubbard (Chicago), Preservation Under the Federal Rules: Accounting for the Fog, the Pyramid, and the Sombrero.
Tuesday, January 31, 2012
Now available on the Courts Law section of JOTWELL is an essay by Prof. Jay Tidmarsh (Notre Dame) entitled Access to Courts and the Democratic Order. It reviews a recent article by Prof. Judith Resnik (Yale), Fairness in Numbers: A Comment on AT&T v. Concepcion, Wal-Mart v. Dukes, and Turner v. Rogers, 125 Harv. L. Rev. 78 (2011), covered earlier here.
Wednesday, September 14, 2011
Tuesday, September 13, 2011
Florida International University College of Law is hosting the Fourth Annual Junior Faculty Federal Courts Workshop in Miami on February 2 - 4, 2012. From the announcement:
The workshop pairs a senior scholar with a panel of junior scholars presenting works-in-progress. Five senior scholars have confirmed participation this year: Susan Bandes (University of Miami), Lee Epstein (USC), Theodore Eisenberg (Cornell University), Martin Redish (Northwestern University), and Suzanna Sherry (Vanderbilt University). . . .
The workshop is open to non-tenured and recently tenured academics who teach and write in Federal Courts, Civil Rights Litigation, and associated topics. Those who do not currently hold a faculty appointment but expect to do so beginning in fall 2012 are welcome. The program is also open to scholars wanting to attend, read, and comment on papers but not present. There is no registration fee. . . .
Those wishing to present a paper must submit an Abstract by November 15. Papers will be selected by a committee of past participants; presenters will be notified by December 10. Those planning to attend must register by January 10, 2012. The program is also open to non-presenters who want to attend, read and comment on papers, and participate in the discussion.
More details available at PrawfsBlawg.
(Hat Tip: Howard Wasserman)
Monday, September 12, 2011
Friday, September 9, 2011
Wednesday, August 31, 2011
We are very pleased to welcome Professor Brendan Maher as a guest-blogger for the month of September. Brendan is an Assistant Professor of Law at Oklahoma City University School of Law (and not to be confused with the famous Irish hurler).
Great to have you on board, Brendan!
Tuesday, August 30, 2011
Beginning today, SCOTUSblog is hosting a symposium on the future of class action lawsuits. From the introductory post:
In the wake of several recent decisions from the Court – such as Wal-Mart v. Dukes, AT&T Mobility v. Concepcion, and Smith v. Bayer– involving class actions, SCOTUSblog has solicited posts from experts in the field to the effects that these decisions (as well as others relating to class actions) will have on cases that are currently pending in the lower courts, as well as the future of class action lawsuits more generally.
We are grateful to our contributors, who are listed below, for their hard work:
- Sergio Campos, University of Miami School of Law
- Sarah Crawford, National Partnership for Women and Families
- Scott Dodson, William & Mary Law School
- Allen Erbsen, University of Minnesota Law School
- Ted Frank, Center for Class Action Fairness, LLC
- J. Russell Jackson, Skadden, Arps, Slate, Meagher & Flom LLP
- Paul Karlsgodt, Baker Hostetler
- Charles Silver, University of Texas Law School
- Andrew J. Trask, McGuire Woods
Links to the symposium posts will be available here.
Thursday, August 25, 2011
Monday, August 22, 2011
Friday, August 19, 2011