Tuesday, August 15, 2023
Announcement & Call for Papers: Civil Procedure Workshop (UC Law San Francisco, May 31-June 1, 2024)
Here is the announcement and call for papers for the Ninth Annual Civil Procedure Workshop, courtesy of Scott Dodson:
We are excited to announce that CPW9 will be hosted by UC Law SF in downtown San Francisco May 31-June 1, 2024.
CPW9 will give both emerging and established civil-procedure scholars an opportunity to gather with colleagues and present their work in plenary and breakout sessions. Senior scholars will moderate the plenary sessions and lead the commentary. All civil-procedure scholars are warmly invited to attend. There is no registration fee. CPW9 will provide meals for registrants, but registrants generally cover their own travel and lodging costs. Registration information and additional details will be announced in 2024.
Call for Papers
Those wishing to present a paper for discussion should submit an abstract of no more than 4,000 characters (around 500 words) by Friday, January 19, 2024. Papers from both emerging and senior scholars are welcome, but preference may be given to those who have been teaching for ten or fewer years. Abstract review is blind to author name and institutional affiliation. Papers at all stages of completion, including those likely to still be substantially incomplete at the time of the conference, are eligible. Accepted submissions will be notified in February 2024. Please submit your abstract online here.
Email Professor Scott Dodson at [email protected] with questions regarding the conference or the call for papers.
You can find more information at the conference webpage: https://uclawsf.edu/event/ninth-annual-civil-procedure-workshop/
Friday, August 4, 2023
The AALS Civil Procedure Section is seeking nominations for its inaugural Best Article Award for junior faculty. The deadline for nominations is September 1, 2023. Full announcement below…
Best Article Award – AALS Civil Procedure Section
The Civil Procedure Section of the Association of American Law Schools wishes to recognize excellence in legal scholarship by full-time untenured faculty members at AALS member and affiliate schools.
Nominations and Eligibility:
- Nominations should be directed to the chair of the section ([email protected]) and received no later than September 1, 2023. Self-nominations are welcome.
- Eligible articles are those in the field of Civil Procedure (defined broadly) that were published between May 1, 2022-May 1, 2023.
- Eligible authors are those who, as of May 1, 2023, were untenured full-time faculty members (including VAPs, fellows and junior clinical faculty) at AALS member or affiliate schools.
- Co-written articles are eligible only if all authors meet the eligibility criteria described above.
- The best article will be chosen by an award selection committee made up of at least 4 members of the executive committee.
- From the articles nominated, the award selection committee will select the top three articles: one will be named the best article, and the others will be awarded honorable mentions.
Announcement and Ceremony:
- Following receipt of AALS approval, the chair will announce the award and the runners-up at the section meeting in January 2024.
Wednesday, August 2, 2023
The AALS Federal Courts Section is seeking nominations for the Daniel J. Meltzer Award and the Best Untenured Article Award. The deadline for Meltzer Award nominations is September 29, 2023. The deadline for Best Untenured Article Award nominations is September 15, 2023.
More details in the announcement below…
Wednesday, December 14, 2022
Now on the Courts Law section of JOTWELL is Roger Michalski’s essay, The Swift Completion of Their Appointed Rounds. Roger reviews Tim Reagan, Carly Giffin & Roy Germano’s recent article, Federal Courts’ Electronic Filing by Pro Se Litigants (Federal Judicial Center 2022).
Friday, November 25, 2022
This week on the Courts Law section of JOTWELL is Sergio Campos’s essay, Cutting Into the Texas Two-Step. Sergio reviews Michael Francus’s recent essay, Texas Two-Stepping Out of Bankruptcy, 120 Mich. L. Rev. Online 38 (2022).
Monday, November 14, 2022
Here is the announcement and call for papers for the 2023 Civil Procedure Workshop, courtesy of Zach Clopton:
We are excited to announce that the next Civil Procedure Workshop will be hosted by Northwestern Pritzker School of Law in downtown Chicago on May 19-20, 2023.
The CPW gives both emerging and established civil procedure scholars an opportunity to gather with colleagues and present their work to an expert audience. Scholars will present their papers in plenary and breakout sessions. Senior scholars will moderate the plenary sessions and lead the commentary. In addition to paper presentations, we intend to engage members of the judiciary in discussions about current developments in procedure. Our ongoing goal is for the CPW to strengthen the study of procedure as an academic discipline, and to deepen ties among the academy, rulemakers, and the judiciary.
We welcome all civil procedure scholars to attend. Those wishing to present a paper for discussion should submit a two-page abstract by January 20, 2023. While we welcome papers from both emerging and senior scholars, preference may be given to those who have been teaching for less than ten years. Please submit your abstract using this form.
The CPW will provide meals for registrants. Participants must cover travel and lodging costs. We will provide information about reasonably priced hotels as the date approaches. If you have any questions, please feel free to contact Professor Zachary Clopton (Northwestern) at [email protected] or at [email protected].
Additional information about the conference will be posted at https://www.law.northwestern.edu/research-faculty/events/conferences/civil-procedure-workshop/.
Friday, November 11, 2022
This week on the Courts Law section of JOTWELL is Robin Effron’s essay, Fighting the Grift: The Stubborn Creep of Bankruptcy as a Forum for Aggregate Litigation. Robin reviews Lindsey Simon’s recent article, Bankruptcy Grifters, 131 Yale L.J. 1154 (2022).
Friday, October 28, 2022
This week on the Courts Law section of JOTWELL is Christine Bartholomew’s essay, Refashioning Old Tools for Modern Society. Christine reviews a recent article by Peter Ormerod, Privacy Qui Tams, 98 Notre Dame L. Rev. (forthcoming 2023).
Friday, October 14, 2022
This week on the Courts Law section of JOTWELL is Linda Mullenix’s essay, Deconstructing Forum Non Conveniens in the Context of Procedural Federalism. Linda reviews a recent article by Bill Dodge, Maggie Gardner, and Chris Whytock, The Many State Doctrines of Forum Non Conveniens, 72 Duke L.J. (forthcoming 2023).
Monday, October 3, 2022
It’s the beginning of the Supreme Court’s October Term 2022, and the Court kicked things off with the order list following its end-of-the-summer “Long Conference” last week.
It granted certiorari in nine cases today. Here are a few that may be of particular interest...
Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. (No. 22-96): Does 48 U.S.C. § 2126(a)’s general grant of jurisdiction to the federal courts over claims against the Financial Oversight and Management Board for Puerto Rico and claims otherwise arising under the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) abrogate the Board’s sovereign immunity with respect to all federal and territorial claims?
- Financial Oversight and Management Board for Puerto Rico Docket
- Financial Oversight and Management Board for Puerto Rico SCOTUSblog casefile
In re Grand Jury (No. 21-1397): Whether a communication involving both legal and non-legal advice is protected by attorney-client privilege when obtaining or providing legal advice was one of the significant purposes behind the communication.
Turkiye Halk Bankasi A.S. v. United States (No. 21-1450): Whether U.S. district courts may exercise subject-matter jurisdiction over criminal prosecutions against foreign sovereigns and their instrumentalities under 18 U.S.C. § 3231 and in light of the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1330, 1441(d), 1602-1611.
Sunday, October 2, 2022
This week on the Courts Law section of JOTWELL is Steve Vladeck’s essay, Purcell and the Terrible, Horrible, No Good, Very Bad Year. Steve reviews Wilfred Codrington’s recent article, Purcell in Pandemic, 96 N.Y.U. L. Rev. 941 (2021).
Friday, September 16, 2022
This week on the Courts Law section of JOTWELL is Maureen Carroll’s essay, Non-Lawyer Judges in Devalued Courts. Maureen reviews Sara Sternberg Greene & Kristen Renberg’s recent essay, Judging Without a J.D., 122 Colum. L. Rev. 1287 (2022).
Friday, August 12, 2022
Call for Papers: 12th Annual Junior Faculty Federal Courts Workshop (University of Florida, Dec. 1-2, 2022)
Here is the announcement:
The University of Florida Levin College of Law will host the Twelfth Annual Junior Faculty Federal Courts Workshop on December 1-2, 2022. The workshop pairs a senior scholar with a panel of junior scholars presenting works-in-progress. After a long COVID-related hiatus, we’re excited to bring together the Federal Courts scholarly community in person in Gainesville, Florida.
The workshop is open to untenured and recently tenured academics who teach and write in the areas of federal courts, civil rights litigation, civil procedure, and other related topics. The program is also open to scholars who wish to attend, read, and comment on papers but not present. There is no registration fee.
The conference will begin on the morning of Thursday, December 1, and conclude by early afternoon on Friday, December 2. Each panel will consist of three to four junior scholars, with a senior scholar commenting on the papers and leading a group discussion.
The workshop will take place at the University of Florida Levin College of Law, which is within 15 minutes of the Gainesville Regional Airport and less than two hours from the Jacksonville International Airport and the Orlando International Airport. The College of Law will provide lunches and dinners for those attending the workshop, but attendees must cover their own travel and lodging costs. A discounted block of rooms will be made available at the Hotel Eleo at the University of Florida. Those wishing to present a paper must submit an abstract of no more than two pages to [email protected] by Monday, September 12, 2022. Papers will be selected by a committee of past participants, and presenters will be notified by no later than October 3, 2022.
Wednesday, August 10, 2022
Here’s an announcement from LSU’s Paul M. Hebert Law Center, which is hiring in civil procedure:
LOUISIANA STATE UNIVERSITY, PAUL M. HEBERT LAW CENTER seeks to hire tenure-track or tenured faculty in a variety of areas, including, but not limited to, faculty who have expertise in business law, civil & comparative law, civil procedure, constitutional law, contracts, criminal law and procedure, evidence, family law, professional responsibility, and property. Applicants should have a J.D. from an ABA-accredited law school (foreign equivalencies will also be considered), superior academic credentials, and a demonstrable commitment to the production of quality scholarship, as well as a commitment to outstanding teaching.
Louisiana State University is an R1 land, sea, and space-grant university with a footprint across the state of Louisiana. It is one of only eight universities in the nation with a law school, dental school, medical school, veterinary school, and an elite MBA program. The LSU Law Center, the flagship state law school of Louisiana, is part of LSU A&M’s campus, located in the state capital, Baton Rouge. See more about LSU, including links to the area, at https://lsu.edu/visit/index.php.
LSU is committed to providing equal opportunity for all qualified persons in admission to, participation in, or employment in the programs and activities which the University operates without regard to race, creed, color, marital status, sexual orientation, gender identity, gender expression, religion, sex, national origin, age, mental or physical disability, or veteran’s status. LSU is committed to diversity and is an equal opportunity/ equal access employer. LSU believes diversity, equity, and inclusion enrich the educational experience of our students, faculty, and staff, and are necessary to prepare all people to thrive personally and professionally in a global society. To learn more about how LSU is committed to diversity and inclusivity, please see LSU’s Diversity Statement and Roadmap.
Please note that applicants must apply through the LSU Career Opportunities website. Only those persons who apply online will be considered for employment. Please apply using the following link: (https://lsu.wd1.myworkdayjobs.com/LSU/job/0400-Hebert-Law-Center/Assistant-Professor-of-Law-Associate-Professor-of-Law-Professor-of-Law_R00069560). Applications should include a letter of interest, resume including a list of three references, research agenda, and, if available, teaching evaluations.
Questions may be directed by email to Ms. Pamela Hancock, the LSU Law Center’s Coordinator of Administration, who assists the Faculty Appointments Committee ([email protected]).
Wednesday, August 3, 2022
The University of Alabama School of Law is hiring--including for a position in Civil Procedure. Here is the announcement:
The University of Alabama School of Law seeks to fill up to two tenured/tenure-track positions for the 2023-24 academic year. Candidates must have outstanding academic credentials, including a J.D. from an accredited law school or an equivalent degree (such as a Ph.D. in a related field). Entry-level candidates should demonstrate potential for strong teaching and scholarship. The primary focus of these positions is in Environmental Law (including Regulatory Compliance) and Civil Procedure (with the possibility of also teaching Evidence); however, qualified applicants in other areas may be considered. We welcome applications from candidates who approach scholarship from a variety of perspectives and methods. The University embraces diversity in its faculty, students, and staff, and we welcome applications from those who would add to the diversity of our academic community.
Candidates interested in the Assistant/Associate Professor level positions should apply online at https://facultyjobs.ua.edu/postings/50441
Candidates interested in the Associate/Full Professor level positions should apply online at https://facultyjobs.ua.edu/postings/50535
Salary, benefits, and research support will be nationally competitive. All applications are confidential to the extent permitted by state and federal law; the positions remain open until filled. Questions should be directed to Heather Elliott, Chair of the Faculty Appointments Committee ([email protected]).
Come join us!
Tuesday, August 2, 2022
AALS Federal Courts Section - Call for Nominations: Best Untenured Article on Federal Jurisdiction (Deadline 9/15/2022)
Here is the announcement:
The AALS Section on Federal Courts is pleased to announce the 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 2023 AALS Annual Meeting.
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, 2022 (date of actual publication determines eligibility). Eligible authors are those who, at the close of nominations (i.e., as of September 15, 2022), are untenured, full-time faculty members at AALS member or affiliate schools, and have not previously won the award. Nominations (and questions about the award) should be directed to Prof. Diego Zambrano at Stanford Law School ([email protected]).
Without exception, all nominations must be received by 11:59 p.m. (EDT) on September 15, 2022. Nominations will be reviewed by a prize committee comprised of Professors Merritt McAlister (University of Florida Levin College of Law), Richard Re (University of Virginia), Mila Sohoni (University of San Diego School of Law), Steve Vladeck (University of Texas), and Diego Zambrano (Stanford) with the result announced at the Federal Courts section program at the 2023 AALS Annual Meeting.
Monday, August 1, 2022
The latest piece on the Courts Law section of JOTWELL is Howard Wasserman’s essay, Catching and Killing it in Federal Court. Howard reviews Zach Clopton’s recent article, Catch and Kill Jurisdiction, Mich. L. Rev. (forthcoming 2022).
Tuesday, June 21, 2022
Today the Supreme Court issued a 5-4 decision in Shoop v. Twyford. Chief Justice Roberts authors the majority opinion, joined by Justices Thomas, Alito, Kavanaugh, and Barrett. The case involves Twyford’s request to be transported to a hospital for medical testing that he argued could support his claim for habeas relief. The district court granted Twyford’s request under the All Writs Act.
The Supreme Court reverses the transportation order, noting the many obstacles that AEDPA imposes on individuals seeking to present new evidence in support of a habeas petition. Chief Justice Roberts writes that a court must consider AEDPA’s limits “even when the All Writs Act is the asserted vehicle for gathering new evidence,” because “a petitioner cannot use that Act to circumvent statutory requirements or otherwise binding procedural rules.” The district court should not have granted Twyford’s request for transportation because he “sheds no light on how he might persuade a court to consider the results of his testing, given the limitations AEDPA imposes on presenting new evidence.”
The four dissenting justices do not address the substance of Twyford’s transportation request. Rather, the core disagreement is over appellate jurisdiction. In a lengthy footnote, Chief Justice Roberts concludes that appellate jurisdiction is proper under the collateral order doctrine, citing Cohen v. Beneficial Industrial Loan Corp., 337 U. S. 541, 546 (1949): “Transportation orders issued under the All Writs Act (1) conclusively require transportation; (2) resolve an important question of state sovereignty conceptually distinct from the merits of the prisoner’s claims, see Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc., 506 U. S. 139, 144–145 (1993); and (3) are entirely unreviewable by the time the case has gone to final judgment.”
Justice Breyer’s dissenting opinion, joined by Justices Sotomayor and Kagan, argues that the collateral order doctrine does not apply, reasoning that the transportation order was “analogous to a discovery order” and that there was “no reason why such an order ordinarily should be of greater importance than a discovery order of some other kind.” Justice Gorsuch writes in his dissenting opinion: “I would have dismissed this case as improvidently granted when the jurisdictional complication became apparent. We did not take this case to extend Cohen.”
Monday, June 20, 2022
Last week the Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana, another case on the Federal Arbitration Act (FAA). Justice Alito authored the majority opinion, which was joined in full by Justices Breyer, Sotomayor, Kagan, and Gorsuch (and in parts by Chief Justice Roberts and Justices Kavanaugh and Barrett). The question presented by the case is whether the FAA preempts a rule of California state law—from the California Supreme Court’s 2014 decision in Iskanian v. CLS Transportation—that invalidates contractual waivers of the right to assert representative claims under California’s Labor Code Private Attorneys General Act of 2004 (PAGA). The answer is—it’s complicated.
The Court notes an important distinction under the PAGA between “individual” claims, “which are premised on Labor Code violations actually sustained by the plaintiff,” and “non-individual claims,” which “aris[e] out of events involving other employees.” Here’s Justice Alito’s conclusion, from Part IV of the opinion:
We hold that the FAA preempts the rule of Iskanian insofar as it precludes division of PAGA actions into individual and non-individual claims through an agreement to arbitrate. This holding compels reversal in this case. The agreement between Viking and Moriana purported to waive “representative” PAGA claims. Under Iskanian, this provision was invalid if construed as a wholesale waiver of PAGA claims. And under our holding, that aspect of Iskanian is not preempted by the FAA, so the agreement remains invalid insofar as it is interpreted in that manner. But the severability clause in the agreement provides that if the waiver provision is invalid in some respect, any “portion” of the waiver that remains valid must still be “enforced in arbitration.” Based on this clause, Viking was entitled to enforce the agreement insofar as it mandated arbitration of Moriana’s individual PAGA claim. The lower courts refused to do so based on the rule that PAGA actions cannot be divided into individual and non-individual claims. Under our holding, that rule is preempted, so Viking is entitled to compel arbitration of Moriana’s individual claim.
The remaining question is what the lower courts should have done with Moriana’s non-individual claims. Under our holding in this case, those claims may not be dismissed simply because they are “representative.” Iskanian’s rule remains valid to that extent. But as we see it, PAGA provides no mechanism to enable a court to adjudicate non-individual PAGA claims once an individual claim has been committed to a separate proceeding. Under PAGA’s standing requirement, a plaintiff can maintain non-individual PAGA claims in an action only by virtue of also maintaining an individual claim in that action. See Cal. Lab. Code Ann. §§ 2699(a), (c). When an employee’s own dispute is pared away from a PAGA action, the employee is no different from a member of the general public, and PAGA does not allow such persons to maintain suit. * * * As a result, Moriana lacks statutory standing to continue to maintain her non-individual claims in court, and the correct course is to dismiss her remaining claims.
Justice Sotomayor authored a concurring opinion emphasizing that California courts—and ultimately the California legislature—“will have the last word” regarding whether someone in Moriana’s situation does lack statutory standing to pursue non-individual PAGA claims.
Justice Barrett authored an opinion concurring in part, joined by Justice Kavanaugh and in part by Chief Justice Roberts, arguing that “[t]he discussion in Parts II and IV of the Court’s opinion is unnecessary to the result, and much of it addresses disputed state-law questions as well as arguments not pressed or passed upon in this case.”
Justice Thomas dissented, writing: “I continue to adhere to the view that the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., does not apply to proceedings in state courts.”