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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

DDL on Judicial Notice

Posted on April 18, 2008
Over at Drug & Device Law, Beck and Herrmann wrote extensively yesterday about judicial notice in the preemption context. It's always interesting for me to read the DDL crew's take on procedural matters as they arise in sophisticated litigation, and....

Taylor v. Sturgell OA Transcript

Posted on April 17, 2008
Thanks to the fine folks at SCOTUS Blog you can read the transcript of yesterday's oral argument in Taylor v. Sturgell here. The court had lots of questions for both petitioner and respondent, and the discussion raises the possibility of...

Virtual Representation

Posted on April 16, 2008
The Supreme Court will hear argument this morning in Taylor v. Sturgell. The question in the case, which has created a circuit split, is whether a person who was not a party to previous litigation and has no legal relationship...

Summary Judgment Articles

Posted on April 15, 2008
The Iowa Law Review recently hosted a symposium on procedural justice. One subtopic was Summary Judgment and Seventh Amendment Concerns. SSRN links appear below to the work of the panelists: Professor William E. Nelson, Summary Judgment and the Progressive Constitution...

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Scalia "Not a Nut"

Posted on April 11, 2008
Justice Scalia is out promoting a new book he co-authored with Bryan A. Garner titled Making Your Case: The Art of Persuading Judges and generating newsworthy quotes at a rapid clip. In this ABA Journal piece, Scalia is quoted as...

Electronic Discovery

Posted on April 10, 2008
You may have already noticed this new publication (perhaps because of the fine work of the folks over at the Mass Tort Litigation Blog), but the Rand Corporation has issued a report on electronic discovery authored by James N. Dertouzos,...

Legal Education Questions

Posted on April 09, 2008
At Madisonian.net, there's quite a conversation ongoing about what law schools do, what they should do, and what they can realistically expect to do. Dean Chemerinsky's post "A law school for the 21st century" is a good place to start....

A Couple Things You Might Have Missed

Posted on April 08, 2008
Take a look at this post and the accompanying links over at Appellate Law & Practice about the recent press the Second Circuit Clerk's office has been receiving. Also, click here to check out Howard Bashman's post and link on...

New Supplemental Jurisdiction Article

Posted on April 07, 2008
The Florida Law Review has published Prof. Douglas Floyd's latest article, Three Faces of Supplemental Jurisdiction After the Demise of United Mine Workers v. Gibbs. With your Westlaw password, you can access the full article here.--Counseller

"What is the Erie Doctrine?"

Posted on April 03, 2008
Click here to read Cincinnati Prof. Adam Steinman's recent article: What is the Erie Doctrine? (And What Does it Mean for the Contemporary Politics of Judicial Federalism?). The abstract follows: As when Erie Railroad v. Tompkins was decided seventy years...

Judge Orders White Lawyers Out of Court

Posted on April 02, 2008
Fulton County Superior Court Judge Marvin Arrington ordered white lawyers out of his courtroom so that he could speak directly to the young black defendants present. Judge Arrington now admits it was a mistake to exclude the lawyers, but he...

Underfunded State Courts

Posted on April 01, 2008
Listen to this NPR story about how state courts are trying to provide constitutionally mandated services in the face of significant budget cuts. While all branches of state government are feeling the economic pinch, state courts are hit particularly hard...

Review of Arbitration Awards under the FAA

Posted on March 31, 2008
Last week the Supreme Court handed down its opinion in Hall Street Associates v. Mattel. Mattel was Hall Street's tenant in a manufacturing facility. Hall Street filed suit against Mattel for breach of the lease agreement and to indemnify it...

New Trial Motions after Summary Judgment

Posted on March 28, 2008
Over at the California Blog of Appeal, Greg May asks: Can you move for a new trial when your case was disposed of by summary judgment? This question undoubtedly causes some degree of cognitive dissonance in many lawyers: a new...

Revolving Trapdoors ... and Rule 50

Posted on March 27, 2008
Tulane Prof. Steven Childress has a forthcoming article in the Review of Litigation titled Revolving Trapdoors: Preserving Sufficiency Review of the Civil Jury after Unitherm and Amended Rule 50. Click here to download the latest draft from SSRN or read...

Federal Question Jurisdiction and the Federal Arbitration Act

Posted on March 25, 2008
Click here to read "Federal Question Jurisdiction and the Federal Arbitration Act," posted on SSRN by Northern Kentucky Profs. Richard Bales and Jamie Ireland. The article is forthcoming in the Colorado Law Review, and the abstract follows. --RR The Federal...

Cert. Granted

Posted on March 19, 2008
On Monday, the Supreme Court granted Certiorari in Vaden v. Discover Bank. The case presents two interesting jurisdictional issues, which I plan to write more about as the case approaches: 1. Whether a suit seeking to enforce a state-law arbitration....

Cyberspace Jurisdiction (From an Alien's Point of View)

Posted on March 18, 2008
If you're into 431-page books on cyberspace jurisdiction, check out this SSRN link. -RR

The Problem of the Expert Juror

Posted on March 16, 2008
Prof. Paul Kirgis recently posted an article on SSRN titled "The Problem of the Expert Juror." The article will appear in volume 75 of the Temple Law Review. The link and abstract appear below: A fundamental principle of the Anglo-American...

Collins v. D.R. Horton, Inc.

Posted on March 14, 2008
This Supreme Court term hasn't yielded many noteworthy decisions in the areas of jurisdiction and procedure. Nor have the petitions to watch at SCOTUSblog provided much to get excited about. The most recent edition describes a petition from a 9th...

445,450 free opinions

Posted on March 12, 2008
It's probably time to bookmark precydent.com. It provides free, searchable access to law and currently advertises that its database contains 445,450 opinions and 2501 statutes. I'll be interested to get feedback on the site from our non-professor readers (who don't...

Wasserman Article: Video Evidence and Summary Judgment

Posted on March 11, 2008
On SSRN, Howard Wasserman recently posted Video Evidence and Summary Judgment: The Procedure of Scott v. Harris. The article now appears in Vol. 91 of Judicature, and the abstract follows: In Scott v. Harris (2007), the Supreme Court granted summary....

A Must Read

Posted on March 06, 2008
If you haven't read this order yet from the Eastern District of Pennsylvania, do it now.--Counseller

Warner-Lambert

Posted on March 06, 2008
Over at Drug and Device Law, Beck and Herrmann have an interesting post about the Supreme Court's recent (non)decision in Warner-Lambert v. Kent. It begins: As the whole drug and device world knows by now, Warner-Lambert v. Kent played to...

A Renaissance

Posted on March 05, 2008
Prof. John Sonsteng recently published A Legal Education Renaissance. You can download the paper and join a conversation about the project and its recommendations here. The abstract follows.--Counseller A Legal Education Renaissance suggests a model for change and provides answers...

Welcome Mats and Kaleidoscopes

Posted on March 04, 2008
If anyone is interested in my recent article, It's Just Not Worth Searching for Welcome Mats with a Kaleidoscope and a Broken Compass, you can download it below. Please do e-mail me any comments or suggestions. The abstract follows: Justice...

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