Civil Procedure & Federal Courts Blog

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).

 

 

Lahav on Frost on National Injunctions

Now on the Courts Law section of JOTWELL is Alexandra Lahav’s essay, Go Big or Go Home: The Debate Over National Injunctions. Alexandra reviews Amanda Frost’s article, In Defense of Nationwide Injunctions, which is forthcoming in the N.Y.U. Law Review.

 

 

 

Walsh on Hickman on Severability and Agency Design

Now on the Courts Law section of JOTWELL is Kevin Walsh’s essay, Severability, Separation of Powers, and Agency Design. Kevin reviews Kristin Hickman’s recent article, Symbolism and Separation of Powers in Agency Design, 93 Notre Dame L. Rev. 475 (2017).

 

 

 

Effron on Manta on Tinder Lies & Small Claims Court

Now on the Courts Law section of JOTWELL is Robin Effron’s essay, Lies, Dating Lies, and Small Claims Court. Robin reviews Irina Manta’s recent article, Tinder Lies, which is forthcoming in the Wake Forest Law Review.

 

Smith on Tang on Judicial Review and Political Power

Now on the Courts Law section of JOTWELL is Fred Smith’s essay, The Politically Powerful and Judicial Review. Fred reviews Aaron Tang’s recent article, Rethinking Political Power in Judicial Review, which is forthcoming in the California Law Review.

 

 

 

Vladeck on Caruço on Military Justice and the Court of Appeals for the Armed Forces

Now on the Courts Law section of JOTWELL is Steve Vladeck’s essay, Why Military Justice Doesn’t Get Enough Academic Attention. Steve reviews Rodrigo Caruço’s recent article, In Order to Form a More Perfect Court: A Quantitative Measure of the Military’s Highest Court’s Success as a Court of Last Resort, 41 Vt. L. Rev. 71 (2016).

 

 

Wasserman on Mitchell on the Writ-of-Erasure Fallacy

Now on the Courts Law section of JOTWELL is Howard Wasserman’s essay, A Step Toward a Proper Understanding of Constitutional Litigation. Howard reviews Jonathan Mitchell’s recent article, The Writ-of-Erasure Fallacy, 104 Va. L. Rev. (forthcoming 2018).