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Civil Procedure Prof Blog

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Post Frequency: 6.4/day

Last Entry: April 01, 2011 at 13:59:54

Caponi on Class Actions in Italy

Posted on February 08, 2010
Professor Dr. Remo Caponi (Dipartimento di diritto privato e processuale) has posted "Class Actions in the Italian Legal System" on SSRN. The abstract states: This paper focuses on the key choices of the recent Italian legislation on collective redress actions...

Twombly/Iqbal Stats from the Federal Judicial Center

Posted on February 07, 2010
This is a report from the Federal Judicial Center of data concerning motions to dismiss in the months before and after both Twombly and Iqbal. The data are subject to some important limitations, such as the fact that it does...

9/11 Workers Cases are in Settlement Talks

Posted on February 04, 2010
The New York Times reports that the lawsuits brought by the rescue and clean up workers might be near settlement, with 12 bellwether trials nearing their start in May in the Southern District of New York . These are largely...

Gluck on States as Laboratories of Statutory Interpretation

Posted on February 04, 2010
Prof. Abbe Gluck (Columbia) has posted on SSRN her article Consensus Textualism: States as Laboratories of Statutory Interpretation, 119 Yale L.J. ___ (forthcoming May 2010). Here's the abstract: This Article undertakes the first close study of statutory interpretation in several...

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Symeonides on Choice of Law

Posted on February 03, 2010
Professor Symeon C. Cymeonides (Willamette University College of Law) has posted "Choice of Law in the American Courts in 2009: Twenty-Third Annual Survey" on SSRN. It will be published in the American Journal of Comparative Law. The abstract states: This...

CAFA and the Home State Exception

Posted on February 03, 2010
(Cross posted at Prawfsblawg). Even if you're not a civ pro buff you've probably heard of the Class Action Fairness Act (CAFA). Enacted in 2005, CAFA allows some class actions based in state law to proceed in federal court, even...

Decision of Interest on the Class Action Fairness Act (CAFA)

Posted on February 02, 2010
BNA's U.S. Law Week reports today on the Fourth Circuit's recent decision in Ferrell v. Express Check Advance, No. 09-2401, ___ F.3d ___, 2010 WL 60903, 2010 U.S. App. LEXIS 424 (Jan. 8, 2010). The panel held that a limited...

Faculty Hiring Announcement

Posted on February 01, 2010
Readers may be interested in the following announcement from Drake Law School, which is seeking to fill curricular needs in (among other areas) civil procedure and federal jurisdiction: DRAKE LAW SCHOOL may have one or more tenure-track or visiting positions...

Lande on Early Case Handling and Private Dispute Resolution

Posted on February 01, 2010
John Lande has posted The Movement Toward Early Case Handling in Courts and Private Dispute Resolution to SSRN. Abstract: This article identifies early case handling (ECH) as an important general phenomenon in dispute system design theory and practice, catalogs the...

Call for Presentations: Summer Conference for the Institute for Law Teaching and Learning

Posted on January 30, 2010
CALL FOR PRESENTATIONS Summer Conference of the Institute for Law Teaching and Learning ?Teaching Law Practice Across the Curriculum? June 16-18, 2010; Topeka, Kansas The Institute for Law Teaching and Learning invites proposals for conference workshops on techniques for teaching...

Hot Off The Presses: Recent Articles Of Interest

Posted on January 29, 2010
With hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: Brian T. Fitzpatrick, The End of Objector Blackmail? 62 Vand. L. Rev. 1623 (2009) Jonathan Lahn, The Demise of the...

11th Circuit hears arguments on preclusive effect of tobacco litigation

Posted on January 28, 2010
At issue is whether some of the factual findings of a 2006 state court verdict in favor of a plaintiff can be applied to around 4000 cases pending in federal court. The Fulton County Daily Report provides a good account...

Sheyn on Jury Trials in Ukraine

Posted on January 28, 2010
Elizabeth R. Sheyn has posted "A Foothold for Real Democracy in Eastern Europe: How Instituting Jury Trials in Ukraine Can Bring About Meaningful Governmental and Juridical Reforms and Can Help Spread These Reforms Across Eastern Europe" on SSRN. The article...

NY Times highlights role of courts in fights over climate change

Posted on January 27, 2010
This article highlights the role that courts play in adjudicating climate disputes, as well as the different tort and environmental doctrines at play. RJE

Conference Announcement

Posted on January 27, 2010
NYU School of Law will host a conference on "The Roberts Court: A View from the Supreme Court Bar and the Academy." The program is sponsored by the Dwight D. Opperman Institute of Judicial Administration, and will be on Friday,...

Faculty Hiring Announcement

Posted on January 26, 2010
The Florida Coastal School of Law is seeking applicants for permanent, full-time faculty positions. They have a particular need for those interested in teaching Civil Procedure (as well as Estates & Trusts and Environmental Law). Anyone interested in being considered...

Levy and Glicksman on Preemption and Court Access

Posted on January 25, 2010
Richard E. Levy (University of Kansas - School of Law) and Robert L. Glicksman (George Washington University - Law School) have posted Access to Courts and Preemption of State Remedies in Collective Action Perspective to SSRN. Abstract: Preemption of common...

Eight Months of Iqbal

Posted on January 25, 2010
I've been guest-blogging over at Concurring Opinions, and I have a few posts discussing how courts ought to make sense of federal pleading standards after Ashcroft v. Iqbal, what lower courts are actually doing, and the bills now pending in...

Parau on Judicial Independence in Post-Communist Eastern Europe

Posted on January 23, 2010
Christina E. Parau (University of Oxford Centre for Socio-Legal Studies) has posted "Beyond Judicial Independence? What Kind of Judiciary is Emerging in Post-Communist Eastern Europe?" on SSRN. The abstract states: The judiciary is a high-impact institution which affects social well-being...

NYT: "Lawyers Use Humor to Plead Case"

Posted on January 23, 2010
No, this New York Times story is not about a new strategy for complying with federal pleading standards. It's about unconventional law firm ads, including the following (links to YouTube): "Machete" "Power" --A (Hat Tip: Roger Baron)

Recent Articles on Twombly/Iqbal

Posted on January 22, 2010
Here are some recent articles on pleading standards under Ashcroft v. Iqbal and Bell Atlantic v. Twombly: Andrew Blair-Stanek, Twombly Is the Logical Extension of the Mathews v. Eldridge Test to Discovery, 62 Florida L. Rev. 1 (2010) Stephen Brown,...

Ford on Peremptory Challenges

Posted on January 21, 2010
Roger A. Ford (Covington & Burling) has posted "Modeling the Effects of Peremptory Challenges on Jury Selection and Jury Verdicts" on SSRN. It will be published in the George Mason Law Review. The abstract states: Although proponents argue that peremptory...

Gender theory and bellwether trials

Posted on January 21, 2010
In a In a recent article in Law 360 on Iqbal and the NuvaRing MDL, I came across the following sentence: Hopefully this litigation can now proceed through preparation of cases and bellmare trials. (We use bellmare, as the wether...

SCOTUS on Intervention: South Carolina v. North Carolina

Posted on January 21, 2010
No doubt most of today's SCOTUS-related attention is on the 183-page decision in Citizens United v. FEC. But our readers may be even more interested in yesterday's decision in South Carolina v. North Carolina, which involves that favorite of proceduralists--intervention...

Symposium announcement: Law and the Morality of Punishing Collective Entities

Posted on January 20, 2010
On February 5, 2010 from 9:00 A.M. - 4:15 P.M., Brooklyn Law School will host its David G. Trager Public Symposium. The topic this year is Sharing the Blame: The Law and Morality of Punishing Public Entities. About the Program...

Garoupa & Ginsburg on Reputation and the Judiciary

Posted on January 20, 2010
Professor Nuno Garoupa (University of Illinois College of Law) and Professor Tom Ginsburg (University of Chicago Law School) have posted "Reputation, Information and the Organization of the Judiciary" on SSRN. It will be published in the Journal of Comparative Law...

Hot Off the Presses: Recent Articles of Interest

Posted on January 19, 2010
With a hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: Scott E. Atkinson, Alan C. Marco and John L. Turner, The Economics of a Centralized Judiciary: Uniformity, Forum Shopping,...

Ahdieh on Paulsen on International Law in U.S. Courts

Posted on January 18, 2010
Now available on SSRN is a recent Yale Law Journal Online piece by Prof. Robert Ahdieh (Emory), The Fog of Certainty. Here's the abstract: In a recent essay in the Yale Law Journal, constitutional law scholar Michael Stokes Paulsen argues...

Scholarship round-up: comparative law and judging

Posted on January 18, 2010
Three articles recently posted to SSRN address issues of judging in a comparative or non-U.S. context. Judicial Independence in East Asia: Implications for China, Female Justices, Feminism and the Politics of Judicial Appointment: A Re-examination, and Appointment of Judges in...

Dodson on New Pleadings & Discovery

Posted on January 18, 2010
Professor Scott Dodson (William & Mary School of Law) has posted "New Pleadings, New Discovery" on SSRN. The abstract states: Pleading in federal court has a new narrative. The old narrative was one of notice, with the goal of broad...

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