Civil Procedure & Federal Courts Blog

Tidmarsh on McGovern & Rubenstein on Negotiation Class Actions

Now on the Courts Law section of JOTWELL is Jay Tidmarsh’s essay, The Negotiation Class Action. Jay reviews a recent paper by Francis McGovern & Bill Rubenstein, The Negotiating Class: A Cooperative Approach to Class Actions Involving Large Stakeholders.

 

 

 

Mullenix on Choi, Erickson & Pritchard on Attorneys Fees in Securities Fraud Class Action "Mega-Settlements"

Now on the Courts Law section of JOTWELL is Linda Mullenix’s essay, Is Greed Good? Mega-Fees in Securities Fraud Class Action Mega-Settlements. Linda reviews a recent paper by Stephen Choi, Jessica Erickson, and Adam Pritchard, Working Hard or Making Work? Plaintiffs’ Attorneys Fees in Securities Fraud Class Actions.

 

 

 

Bookman on Erie and Moon on foreign business courts

Now on the Courts Law section of JOTWELL is Pam Bookman’s essay, New Courts, New Perspectives. Pam reviews two recent articles: Matthew Erie, The New Legal Hubs: The Emergent Landscape of International Commercial Dispute Resolution, Va. J. Int’l L. (forthcoming 2020); and Will Moon, Delaware’s New Competition, Nw. U. L. Rev. (forthcoming 2020).

 

Levy on Fisher & Larsen on Virtual Supreme Court Advocacy

Today on the Courts Law section of JOTWELL is Marin Levy’s essay, Confronting Online Advocacy. Marin reviews Jeff Fisher & Alli Larsen’s recent article, Virtual Briefing at the Supreme Court, 109 Cornell L. Rev. (forthcoming 2019).

 

 

Smith on Litman on the collapse of constitutional remedies

Today on the Courts Law section of JOTWELL is Fred Smith’s essay, How Remedies Disappear. Fred reviews Leah Litman’s recent article, Remedial Convergence and Collapse, 106 Cal. L. Rev. 1477 (2018).

 

 

 

 

Vladeck on Thomas on Justice O’Connor

Now on the Courts Law section of JOTWELL is Steve Vladeck’s essay, The Center Cannot Hold. Steve reviews Evan Thomas’s recent book, First: Sandra Day O’Connor (2019).

 

 

Wasserman on Sundby & Sherry and Epps & Sitaraman on Term Limits and Other Supreme Court Fixes

Today on the Courts Law section of JOTWELL is Howard Wasserman’s essay, The Supreme Court is Broke, the Question is How to Fix it: Alternatives to Term Limits. Howard reviews two recent articles: Christopher Sundby & Suzanna Sherry, Term Limits and Turmoil: Roe v. Wade’s Whiplash, Tex. L. Rev. (forthcoming 2019), and Daniel Epps & Ganesh Sitaraman, How to Save the Supreme Court, 129 Yale L.J. (forthcoming 2019).

 

 

 

Erbsen on Frye on what actually happened to Harry Tompkins

Now on the Courts Law section of JOTWELL is Allan Erbsen’s essay, An Erie Tale. Allan reviews Brian Frye’s recent article, The Ballad of Harry James Tompkins, 52 Akron L. Rev. 531 (2019).

 

 

Mulligan on Spencer on Personal Jurisdiction in Federal Court

Today on the Courts Law section of JOTWELL is Lou Mulligan’s essay, Is Personal Jurisdiction Constitutionally Self-Enacting? Lou reviews Ben Spencer’s recent article, The Territorial Reach of Federal Courts, which is forthcoming in the Florida Law Review.

 

 

Coleman on Law Clerks for Workplace Accountability’s Public Comment on Proposed Changes to the Judicial Conduct Code & Rules

Today on the Courts Law section of JOTWELL is Brooke Coleman’s essay, Accountability Requires Tenacity. Brooke reviews Law Clerks for Workplace Accountability, Public Comment on The Judicial Conference of the United States’ Proposed Changes to the Code of Conduct for U.S. Judges and Judicial Conduct & Disability Rules.

 

Thomas on Fountain & Woolard on counseling juveniles about plea bargains

Today on the Courts Law section of JOTWELL is Suja Thomas’s essay, Plea Bargaining with Juveniles. Suja reviews a recent article by Erika Fountain & Jennifer Woolard, How Defense Attorneys Consult With Juvenile Clients About Plea Bargains, 24 Psych. Pub. Pol’y & L. 192 (2017).

 

 

Steinman on Burbank & Wolff on Erie, Federal Common Law, and the American Pipe Rule

Now on the Courts Law section of JOTWELL is my essay, When American Pipe Met Erie. I review a recent article by Steve Burbank and Tobias Wolff, Class Actions, Statutes of Limitations and Repose, and Federal Common Law, 167 U. Pa. L. Rev. 1 (2018).

 

 

Michalski on Gluck, Hall & Roberts on Courts and the Opioid Epidemic

Today on the Courts Law section of JOTWELL is Roger Michalski’s essay, A Primer on Opioid-Epidemic Litigation. Roger reviews a recent article by Abbe Gluck, Ashley Hall & Gregory Curfman, Civil Litigation and the Opioid Epidemic: The Role of Courts in a National Health Crisis, 46 J.L. Med. & Ethics 351 (2018).

 

 

 

Kalajdzic on Erichson on FICALA and Class Action Reform

Today on the Courts Law section of JOTWELL is Jasminka Kalajdzic’s essay, In Praise of Non-Partisan Law Reform of Class Actions. Jasminka reviews Howard Erichson’s recent article, Civil Litigation Reform in the Trump Era: Threats and Opportunities Searching for Salvageable Ideas in FICALA, 87 Fordham L. Rev. 19 (2018).

 

 

 

Tidmarsh on Hodges & Voet on collective redress devices

Today on the Courts Law section of JOTWELL is Jay Tidmarsh’s essay Building a Better Mousetrap. Jay reviews a recent book by Christopher Hodges & Stefaan Voet, Delivering Collective Redress: New Technologies (2018).

 

 

Pfander on Sutton on the States’ Role in Making Constitutional Law

Today on the Courts Law section of JOTWELL is Jim Pfander’s essay, Enhancing the Role of States in Making Constitutional Law. Jim reviews Judge Jeffrey Sutton’s recent book, 51 Imperfect Solutions: States and the Making of American Constitutional Law (2018).

 

 

Bookman on Sinnar on Procedural Innovations in National Security Litigation

Today on the Courts Law section of JOTWELL is Pamela Bookman’s essay, Procedural Innovations to Address the Secrecy Problem in National Security Litigation. Pam reviews Shirin Sinnar’s recent article, Procedural Experimentation and National Security in the Courts, 106 Cal. L. Rev. 991 (2018).

 

 

 

 

Campos on the Bolch Judicial Institute’s Guidelines and Best Practices for Implementing the 2018 Amendments to FRCP 23

Today on the Courts Law section of JOTWELL is Sergio Campos’s essay, Practice Makes Perfect. Sergio reviews Guidelines and Best Practices Implementing 2018 Amendments to Rule 23 Class Action Settlement Provisions, which was published in 2018 by the Bolch Judicial Institute at Duke Law School.

 

 

Malveaux on Trammell on National Injunctions

Today on the Courts Law section of JOTWELL is Suzette Malveaux’s essay, Preclusion Law as a Model for National Injunctions. Suzette reviews Alan Trammell’s article, Demystifying Nationwide Injunctions.

 

 

Mullenix on Vitiello on Civil Procedure and Access to Justice

Now on the Courts Law section of JOTWELL is Linda Mullenix’s essay, A Decade of Procedural Despair: Denying Access to Justice and Closing the Courthouse Doors. Linda reviews Mike Vitiello’s book, Animating Civil Procedure (2017).