Friday, May 13, 2022
Coleman on Reda on Empiricism and Procedural Inequality
Today on the Courts Law section of JOTWELL is Brooke Coleman’s essay, Data-Driven Procedural Inequality. Brooke reviews Danya Reda’s recent article, Producing Procedural Inequality Through the Empirical Turn, 94 U. Colo. L. Rev. (forthcoming 2023).
May 13, 2022 in Recent Scholarship, Weblogs | Permalink | Comments (0)
Tuesday, April 19, 2022
Campos on Gilles on Arbitration Reform Legislation
Today on the Courts Law section of JOTWELL is Sergio Campos’s essay, Talking the Talk to Walk the Walk. Sergio reviews recent congressional testimony by Myriam Gilles, Justice Restored: Forced Arbitration and the Erosion of our Legal System: Hearing on H.R. 963 Before the Subcomm. on Antitrust, Commercial, and Administrative Law, 117 Cong. __ (2021), and Silenced: How Forced Arbitration Keeps Victims of Sexual Violence and Sexual Harassment in the Shadows: Hearing Before the H. Comm. on the Judiciary, 117 Cong. __ (2021).
April 19, 2022 in Recent Scholarship, Weblogs | Permalink | Comments (0)
Monday, April 4, 2022
Bartholomew on Borchers on Personal Jurisdiction
Today on the Courts Law section of JOTWELL is Christine Bartholomew’s essay, A Post Minimum Contacts World. Christine reviews Patrick Borchers’ recent article Ford Motor Co. v. Montana Eighth Judicial District Court and “Corporate Tag Jurisdiction” in the Pennoyer Era, 72 Case W. Res. L. Rev. 45 (2021).
April 4, 2022 in Recent Scholarship, Weblogs | Permalink | Comments (0)
Monday, March 21, 2022
Endo on Beerdsen on Discovery Culture
Today on the Courts Law section of JOTWELL is Seth Endo’s essay, “Order Without Law” in Discovery. Seth reviews Edith Beerdsen’s recent article Discovery Culture, 57 Ga. L. Rev. (forthcoming).
March 21, 2022 in Discovery, Recent Scholarship, Weblogs | Permalink | Comments (0)
Monday, February 28, 2022
Erbsen on Bookman & Shanahan on Civil Procedure Without Lawyers
Today on the Courts Law section of JOTWELL is Allan Erbsen’s essay, Civil Procedure for Lawyerless Courts. Allan reviews Pamela Bookman & Colleen Shanahan’s recent article, A Tale of Two Civil Procedures, 122 Colum. L. Rev. (forthcoming 2022).
February 28, 2022 in Recent Scholarship, Weblogs | Permalink | Comments (0)
Friday, February 11, 2022
Smith on Citron & Solove on Privacy Law and Judicial Remedies
Today on the Courts Law section of JOTWELL is Fred Smith’s essay, No Harm, No Foul? Privacy Law and Judicial Remedies. Fred reviews Danielle Citron and Dan Solove’s recent article, Privacy Harms, 102 B.U. L. Rev. (forthcoming 2022).
February 11, 2022 in Federal Courts, Recent Scholarship, Standing, Weblogs | Permalink | Comments (0)
Thursday, January 27, 2022
Effron on Sudeall & Pasciuti on Eviction Court
Today on the Courts Law section of JOTWELL is Robin Effron’s essay, “Day-in-Court Theater” in Eviction Court. Robin reviews Lauren Sudeall & Daniel Pasciuti’s recent article, Praxis and Paradox: Inside the Black Box of Eviction Court, 74 Vand. L. Rev. 1365 (2021).
January 27, 2022 in Recent Scholarship, State Courts, Weblogs | Permalink | Comments (0)
Monday, January 10, 2022
Kalajdzic on Freer on Class Actions and the Roberts Court
Today on the Courts Law section of JOTWELL is Jasminka Kalajdzic’s essay, The Roberts Court’s Legacy in Class Action Jurisprudence. Jasminka reviews Rich Freer’s recent article, The Roberts Court and Class Litigation: Revolution, Evolution, and Work to be Done, 51 Stetson L. Rev. (forthcoming 2022).
January 10, 2022 in Class Actions, Recent Scholarship, Weblogs | Permalink | Comments (0)
Friday, December 3, 2021
Bookman on Summers on Eviction Procedure As Civil Probation
Today on the Courts Law section of JOTWELL is Pamela Bookman’s essay, Circumventing Procedure in Eviction Court. Pam reviews Nicole Summers’ recent article, Civil Probation.
December 3, 2021 in Recent Scholarship, State Courts, Weblogs | Permalink | Comments (0)
Thursday, November 18, 2021
Michalski on Burch & Williams on MDL Litigation
Today on the Courts Law section of JOTWELL is Roger Michalski’s essay, In a Different Voice. Roger reviews a recent article by Beth Burch and Margaret Williams, Perceptions of Justice in Multidistrict Litigation: Voices from the Crowd, Cornell L. Rev. (forthcoming 2022).
November 18, 2021 in Federal Courts, MDLs, Recent Scholarship, Weblogs | Permalink | Comments (0)
Thursday, November 4, 2021
Pfander on Bray & Miller on Equity
Today on the Courts Law section of JOTWELL is Jim Pfander’s essay, Recovering Equity. Jim reviews a recent article by Sam Bray and Paul Miller, Getting Into Equity, 97 Notre Dame L. Rev. (forthcoming 2022).
November 4, 2021 in Recent Scholarship, Weblogs | Permalink | Comments (0)
Wednesday, October 20, 2021
Mullenix on Norris on Neoliberal Civil Procedure
Today on the Courts Law section of JOTWELL is Linda Mullenix’s essay, Recasting the Corporate Bias of Civil Procedure: A Neoliberal Theory. Linda reviews Luke Norris’s article, Neoliberal Civil Procedure, 12 U.C. Irvine L. Rev. (forthcoming 2022).
October 20, 2021 in Recent Scholarship, Weblogs | Permalink | Comments (0)
Wednesday, October 6, 2021
Vladeck on Siegel on Habeas
Now on the Courts Law section of JOTWELL is Steve Vladeck’s essay, Hiding Behind Habeas’s Hardness. Steve reviews Jonathan Siegel’s recent article, Habeas, History, and Hermeneutics, 64 Ariz. L. Rev. (forthcoming 2022).
October 6, 2021 in Federal Courts, Recent Scholarship, Weblogs | Permalink | Comments (0)
Monday, September 20, 2021
Steinman on Bayefsky on Respect, Remedies & Article III
Today on the Courts Law section of JOTWELL is my essay, Standing for Something More: Respect and Article III. I review a recent article by Rachel Bayefsky, Remedies and Respect: Rethinking the Role of Federal Judicial Relief, 109 Geo. L.J. 1263 (2021).
September 20, 2021 in Adam Steinman, Federal Courts, Recent Scholarship, Standing, Weblogs | Permalink | Comments (0)
Friday, September 3, 2021
Carroll on Sabbeth & Steinberg on Gender and the Right to Counsel
Now on the Courts Law section of JOTWELL is Maureen Carroll’s essay, A Gendered Right to Counsel? Maureen reviews Kathryn Sabbeth and Jessica Steinberg’s article, The Gender of Gideon, 69 UCLA L. Rev. (forthcoming 2022).
September 3, 2021 in Recent Scholarship, Weblogs | Permalink | Comments (0)
Friday, July 23, 2021
Re on Varsava on Fun in Judicial Opinions
Now on the Courts Law section of JOTWELL is Richard Re’s essay, A Rule Against Fun. Richard reviews Nina Varsava’s recent article, Professional Irresponsibility and Judicial Opinions, which is forthcoming in the Houston Law Review.
July 23, 2021 in Recent Scholarship, Weblogs | Permalink | Comments (1)
Wednesday, June 23, 2021
Wasserman on Crocker on Immunities and Constitutional-Tort Litigation
Today on the Courts Law section of JOTWELL is Howard Wasserman’s essay, The Paths to Comprehensive Entity Liability in Constitutional Litigation. Howard reviews two recent articles by Katherine Mims Crocker, Reconsidering Section 1983’s Nonabrogation of Sovereign Immunity, 73 Fla. L. Rev. (forthcoming 2021), and Qualified Immunity, Sovereign Immunity, and Systemic Reform, 71 Duke L.J. (forthcoming 2022).
June 23, 2021 in Federal Courts, Recent Scholarship, Weblogs | Permalink | Comments (0)
Wednesday, June 9, 2021
Malveaux on Spaulding on Ideal and Actual Due Process
Today on the Courts Law section of JOTWELL is Suzette Malveaux’s essay, Getting Real About Procedure: Changing How We Think, Write and Teach About American Civil Procedure. Suzette reviews Norman Spaulding’s recent article, The Ideal and the Actual in Procedural Due Process, 48 Hastings Const. L.Q. 261 (2021).
June 9, 2021 in Recent Scholarship, Weblogs | Permalink | Comments (0)
Thursday, May 20, 2021
Erbsen on Gluck & Burch on Multidistrict Litigation
Today on the Courts Law section of JOTWELL is Allan Erbsen’s essay, Procedural Evolution in Multidistrict Litigation. Allan reviews Abbe Gluck & Beth Burch’s recent article, MDL Revolution, 96 N.Y.U. L. Rev. 1 (2021).
May 20, 2021 in Federal Courts, MDLs, Recent Scholarship, Weblogs | Permalink | Comments (0)
Friday, April 23, 2021
Coleman on Gadson on Stolen Plausibility
Today on the Courts Law section of JOTWELL is Brooke Coleman’s essay, Something Borrowed. Brooke reviews Marcus Gadson’s article, Stolen Plausibility, which is forthcoming in the Georgetown Law Journal.
April 23, 2021 in Recent Scholarship, Twombly/Iqbal, Weblogs | Permalink | Comments (0)