Topic
Civil Procedure
Posts
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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 -
NoteVol. 88 · Iss. 5
Purging Contempt: Eliminating the Distinction between Civil and Criminal Contempt
The Article examines the current state of the law of contempt on state and federal law in the U.S. in 2011. It presents an…
Paul A. Grote -
ArticleVol. 88 · Iss. 2
Just Negotiation
This Article argues that the procedural justice—that is, fairness of process—plays a critical and largely unexamined role in legal negotiation, encouraging the acceptance of…
Rebecca Hollander-Blumoff -
CommentaryVol. 88 · Iss. 1
Justice Souter and the Civil Rules
On April 30, 2009, after almost twenty years on the U.S. Supreme Court, Justice David Hackett Souter announced his retirement. A quiet personality never…
Scott Dodson -
ArticleVol. 94 · Iss. 4
Prisoners and Pleading
Last year, prisoners filed nearly 27,000 civil rights actions in federal court. More than 92 percent of those actions were filed pro se. Pro…
Richard H. Frankel & Alistair E. Newbern -
ArticleVol. 94 · Iss. 3
Judging Aggregate Settlement
While courts historically have taken a hands-off approach to settlement, judges across the legal spectrum have begun to intervene actively in “aggregate settlements”—repeated settlements…
David M Jaros & Adam S. Zimmerman -
NoteVol. 96 · Iss. 2
Filling the Jurisprudential Gap: “Regular and Established Place of Business” After In Re Cray, Inc.
Since the nineteenth century, specific venue rules for patent infringement suits have existed in federal law. The current version of the “Patent Venue Statute”…
David A. Serati -
ArticleVol. 92 · Iss. 3
Resolving Intrastate Conflicts of Laws: The Example of the Federal Arbitration Act
Choice-of-law analysis is typically thought of as confined to the multistate setting. This is a mistake. To the contrary, conflicts often appear between statutes…
Andrew D. Bradt -
ArticleVol. 92 · Iss. 2
A Diamond in the Rough: Trans-Substantivity of the Federal Rules of Civil Procedure and its Detrimental Impact on Civil Rights
The Federal Rules of Civil Procedure are celebrating their seventy-fifth anniversary this year. On this diamond anniversary, the celebration is tempered by the uncomfortable…
Suzette Malveaux -
NoteVol. 97 · Iss. 4
Politics and the Courtroom: A Battle Between Federal Rule of Civil Procedure 24 and Amicus Curiae Briefs
Intervention under Rule 24 has been judicially construed in light of the 1966 Amendment to a loose burden far and away from its real-property-based…
Annie T. Stanford -
NoteVol. 90 · Iss. 6
One-Action in More States: ThePropriety of Expanding theKansas One-Action Rule into Other Jurisdictions
Most second-year law students who have completed an introductory course on civil procedure can explain the doctrines of issue and claim preclusion—collectively known as…
Jaran Moten -
ArticleVol. 90 · Iss. 6
Personal Jurisdiction in a Global World: The Impact of the Supreme Court’s Decisions in Goodyear Dunlop Tires and Nicastro
In June 2011 the Supreme Court decided two momentous personal jurisdiction cases: one, Goodyear Dunlop Tires Operations v. Brown, limited general jurisdiction to its…
John N. Drobak