Topic
Civil Procedure
Posts
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ArticleVol. 103 · Iss. 3
Artificial Intelligence and Aggregate Litigation
The era of AI litigation has begun, and a fundamental tension has emerged. AI tools operate at unprecedented scale, creating mass harms that favor…
Daniel Wilf-Townsend -
ArticleVol. 103 · Iss. 2
Notice Pleading’s Quiet Return
Fifteen years ago, the Supreme Court announced two significant civil procedure decisions – Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft…
Alexander A. Reinert -
ArticleVol. 103 · Iss. 1
Personal Jurisdiction and Federalism
Personal jurisdiction has long professed to safeguard interstate federalism through the principle that good fences make good neighbors. Although this goal sits uncomfortably with…
Scott Dodson -
ArticleVol. 102 · Iss. 4
The Future of Jurisdiction
A new paradigm for conceptualizing the doctrine of personal jurisdiction is long overdue. In the nineteenth century, the U.S. Supreme Court established a firm…
Paul Schiff Berman -
CommentaryVol. 102 · Iss. 1
Standing Orders: A Survey of Individual Judges’ Regulation of Practice in All Future Cases Before Them
Federal district courts, after notice-and-comment process, can issue local rules to govern practice and procedure in all cases in a judicial district. An individual…
J. Campbell Barker -
NoteVol. 101 · Iss. 4
The Law of Vibes: Much Ado About Preliminary Injunctions
Federal courts are in the midst of a crisis of legitimacy. Faith in the judiciary has plunged to historically low levels, leading the Biden…
Jacob Cogdill -
NoteVol. 101 · Iss. 3
Confounding Interests: Next-Best Alternatives to the Unattainable Notion of Complete Fairness in Cy-Pres-Only Class Action Settlements
Taken to its idealistic extent, the American legal system is designed to provide relief from harms through an efficient, effective, and fair process. It…
Lauryn Masters -
ArticleVol. 101 · Iss. 1
Rethinking Preliminary Remedies
It is universally assumed that courts, when picking a preliminary remedy, should consider more than the legal merits. They also should consider factors like…
Eric Brooks -
ArticleVol. 100 · Iss. 6
Recent Developments in Mandatory Arbitration Warfare: Winners and Losers (So Far) in Mass Arbitration
Introduction Mass arbitration has sent shock waves through the civil justice system and unnerved the defense bar. To see how quickly and dramatically this…
J. Maria Glover -
ArticleVol. 100 · Iss. 3
The Undemocratic Class Action
Abstract Class actions can have profound effects. But theorists, policymakers, and judges have long worried that attorneys can use them for their own advantage,…
Nicholas Almendares -
ArticleVol. 99 · Iss. 4
Ford’s Underlying Controversy
ABSTRACT Personal jurisdiction—the doctrine that determines where a plaintiff can sue—is a mess. Everyone agrees that a court can exercise personal jurisdiction over a…
Christine P. Bartholomew & Anya Bernstein -
ArticleVol. 87 · Iss. 4
The Procedural Foundation of Substantive Law
The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law is inherently substantive. This article argues that substantive law is also…
Thomas O. Main