Tuesday, January 3, 2017

2017 AALS Annual Meeting

The 2017 AALS Annual Meeting is happening in San Francisco this week. Here are some panels that may be of interest:

  • Wednesday 1/4, 1:30 pm – 3:15 pm, SECTION ON FEDERAL COURTS, “Inter-Governmental Disputes and Justiciability”

Continental Ballroom 4, Ballroom Level, Hilton

Curtis A. Bradley, Duke University School of Law

Tara Leigh Grove, William & Mary Law School
Vicki C. Jackson, Harvard Law School
Gillian E. Metzger, Columbia Law School
Ernest A. Young, Duke University School of Law

Inter-governmental litigation can take many forms: horizontal disputes between federal government institutions, horizontal disputes between state governmental institutions, and vertical disputes between federal and state institutions. Possible justiciability constraints on such litigation include limitations on standing, a possible requirement of institutional ripeness, and the political question doctrine. Such constraints have become matters of particular interest in light of both recent Supreme Court decisions (such as United States v. Windsor, in which a group representing the House of Representatives sought to defend the federal Defense of Marriage Act; and the Arizona Independent Redistricting decision, which held that the Arizona legislature had standing to challenge a state initiative concerning gerrymandering), as well as pending litigation (including United States v. Texas, which involves a challenge by the state of Texas to the Obama administration’s deferred action program for immigration enforcement; and House of Representatives v. Burwell, in which the federal district court in Washington, D.C. held that the House of Representatives had standing to challenge the Obama administration’s expenditure of unappropriated funds in support of the Affordable Care Act). This panel will consider both specific questions concerning how these justiciability limitations should operate in practice as well as broader methodological questions.


  • Thursday 1/5, 7 am – 8:30 am, SECTION ON CIVIL PROCEDURE BREAKFAST

Golden Gate 1, Lobby Level, Hilton
Speakers from a Call for Papers:
Lumen Mulligan, University of Kansas School of Law
Glen Staszewski, Michigan State University College of Law


  • Thursday 1/5, 8:30 am – 10:15 am, SECTION ON CIVIL PROCEDURE, “The Roberts Court and the Federal Rules of Civil Procedure”

Yosemite B, Ballroom Level, Hilton

Simona Grossi, Loyola Law School, Los Angeles

Stephen B. Burbank, University of Pennsylvania Law School
Sean Farhang, Assistant Professor of Public Policy, University of California, Berkeley, Goldman School of Public Policy
William A. Fletcher, University of California, Berkeley School of Law
Troy A. McKenzie, New York University School of Law
Patricia W. Moore, St. Thomas University School of Law
Judith Resnik, Yale Law School

The panel will discuss the following issues: interpretations, recurrent doctrinal themes, amendments to the Federal Rules of Civil Procedure, membership on the Advisory Committee, historical perspective on the rulemaking process, pending decisions, and future outlooks.



Golden Gate 7, Lobby Level, Hilton

Morris Ratner, University of California, Hastings College of the Law

Andrew Bradt, University of California, Berkeley School of Law
Elizabeth J. Cabraser, Partner, Lieff Cabraser Heimann & Bernstein, LLP
Alexandra D. Lahav, University of Connecticut School of Law
Linda S. Mullenix, The University of Texas School of Law
Jon Tigar, District Judge, United States District Court for the Northern District of California
Chilton Varner, Partner, King & Spalding

MDLs comprise an increasingly significant portion of the federal docket, and account for much of the growth in the civil side of the docket in the last few years. Trial court judges to whom the Judicial Panel on Multidistrict Litigation transfers cases, operating with little guidance from the MDL statute or the federal rules, have improvised ways to appoint counsel to leadership positions; control pleading, motion practice and discovery; and resolve mass torts via trial or aggregate settlements in a system expressly designed for pretrial purposes only. Though creative, their solutions raise a number of concerns regarding litigant autonomy, agency costs, and the role of federal court judges in litigation. This program explores the MDL phenomenon and the problems it poses for our civil litigation system.






Conferences/Symposia, Federal Courts, Federal Rules of Civil Procedure, MDLs | Permalink


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