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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

Further Commentary on Reed Elsevier v. Muchnick

Posted on March 03, 2010
Readers who are following yesterday's SCOTUS decision in Reed Elsevier v. Muchnick may be interested in today's commentary by Professor Howard Wasserman (Florida International) over at PrawfsBlawg: Copyright and the (hopefully) end of drive-by jurisdictional rulings...

Commentary on Reed Elsevier v. Muchnick: A Win for Jurisdictional Clarity

Posted on March 02, 2010
Below, Professor Scott Dodson (William & Mary) comments on today's SCOTUS decision in Reed Elsevier v. Muchnick: Today, the Supreme Court decided Reed Elsevier v. Muchnick and held that § 411(a) of the Copyright Act is not jurisdictional. At issue...

SCOTUS Decision in Reed Elsevier v. Muchnick

Posted on March 02, 2010
Today the Supreme Court issued its decision in Reed Elsevier, Inc. v. Muchnick, covered earlier here, here, and here. Justice Thomas delivered the Court's opinion. Justice Ginsburg (joined by Stevens and Breyer) concurred in part and concurred in the judgment...

Sadurski on Judicial Review in Central and Eastern Europe

Posted on March 01, 2010
Wojceich Sadurski (University of Sydney - Faculty of Law) has posted Judicial Review in Central and Eastern Europe: Rationales or Rationalizations? to SSRN. Abstract: Constitutional judicial review in Central and Eastern Europe has become an entrenched and powerful factor in...

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Civil Procedure and Federal Courts At the Movies

Posted on March 01, 2010
With the Oscars coming up, it's a great time to check out the Bora Laskin Law Library's fantastic list of movies related to our favorite topics: civil procedure and federal courts. You might also find some good law flicks in...

AALS 2011 Call for Proposals for Open Source Programming

Posted on February 27, 2010
The AALS has issued the following Call for Proposals for Open Source Programming at the 2011 Annual Meeting: Open Source sessions at the Annual Meeting are novel ideas for programs proposed by groups of faculty members and selected by a...

Call for Proposals: AALS Section on Balance in Legal Education and Academic Support

Posted on February 27, 2010
CALL FOR PROPOSALS AMERICAN ASSOCIATION OF LAW SCHOOLS ? 2011 Conference, Jan 5-9th A Joint Program of the Sections on Balance in Legal Education and Academic Support Co-Sponsored by the Section on Student Services Theme: ?Beyond Humanizing: Can ? and...

SCOTUS Cert Grant of Interest: Harrington v. Richter

Posted on February 25, 2010
This week the Supreme Court granted certiorari in Harrington v. Richter, No. 09-587, a habeas case out of the Ninth Circuit. Here are links to the opinion below, the docket, and SCOTUSblog's wiki on the case. From a federal-courts standpoint,...

Barton on Pro Se Court Reform

Posted on February 24, 2010
Benjamin H. Barton (University of Tennessee College of Law) has posted Against Civil Gideon (and for Pro Se Court Reform) to SSRN. Abstract: This Article argues that the pursuit of a civil Gideon (a civil guarantee of counsel to match...

SCOTUS Decision In Hertz Corp. v. Friend: Where Is A Corporation's Principal Place Of Business?

Posted on February 23, 2010
Today the Supreme Court issued a unanimous decision in Hertz Corp. v. Friend, covered earlier here, here, and here. The opinion, per Justice Breyer, begins: The federal diversity jurisdiction statute provides that "a corporation shall be deemed to be a...

Cromer Young on After Iqbal

Posted on February 22, 2010
Professor Julie D. Cromer Young (Thomas Jefferson School of Law) has posted "Centering the Pleading Pendulum After Iqbal" on SSRN. The abstract states: In 2007, the Supreme Court in Bell Atlantic v. Twombly introduced the concept of plausibility pleading to...

Sobbrio, D'Agostino and Sirioni on Lawyering in Italy

Posted on February 22, 2010
Giuseppe Sobbrio, Elena D'Agostino, and Emiliano Sirioni have posted Do Lawyers Affect Legal Disputes in Italy? An Instrumental Variables Approach to SSRN. Abstract: The legal system can be treated as a large market where justice is traded in terms of...

Lewis & Clark Law Review Symposium "Pondering Iqbal"

Posted on February 22, 2010
The Lewis & Clark Law Review Symposium "Pondering Iqbal" is now available on-line here. Contributions include: Edward Brunet, The Substantive Origins of ?Plausible Pleadings?: An Introduction to the Symposium on Ashcroft v. Iqbal, 14 Lewis & Clark L. Rev...

Menkel-Meadow & Garth on Empirical Studies of Civil Procedure

Posted on February 20, 2010
Professor Carrie Menkel-Meadow (Georgetown University Law Center; University of California, Irvine Law School) and Professor Bryant Garth (Southwestern Law School; American Bar Foundation) have posted "Process, People, Power and Policy: Empirical Studies of Civil Procedure" on SSRN...

Texas Supreme Court Justices Sued in Federal Court for Failing to Rule on Class Certification Appeal

Posted on February 19, 2010
Plaintiffs in a Texas state court class action against Southwestern Bell have been waiting years for the Texas Supreme Court to decide whether the trial court's order certifying the class was proper. Southwestern Bell appealed to the Texas Supreme Court...

Spencer on Iqbal and Restrictive Procedure

Posted on February 18, 2010
Prof. Benjamin Spencer (Washington & Lee) has posted on SSRN his forthcoming piece, Iqbal and the Slide Toward Restrictive Procedure, part of the Lewis & Clark Law Review's symposium on Ashcroft v. Iqbal. Here's the abstract: Last term, in Ashcroft...

Posner and Sykes on the Economics of the Law of the Sea

Posted on February 18, 2010
Eric Posner (University of Chicago Law School) and Alan Sykes (Stanford Law School) have posted Economic Foundations of the Law of the Sea to SSRN. Abstract: The United Nations Convention on the Law of the Sea has a plausible economic...

Choi et al. on The Price of Pay to Play in Securities Class Actions

Posted on February 17, 2010
Stephen Choi (NYU School of Law), Drew Johnson-Skinner (NYU School of Law), and Adam Pritchard (University of Michigan Law School have posted The Price of Pay to Play in Securities Class Actions. Abstract: This paper studies the effect of campaign...

Hot Off The Presses: Recent Articles of Interest

Posted on February 16, 2010
With a hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: George A. Bermann, U.S. Class Actions and the "Global Class", 19 Kan. J.L. & Pub. Pol'y 91 (2009) Bryan...

Now In Print: Fordham Law Review Symposium On Owen Fiss's "Against Settlement"

Posted on February 15, 2010
The Fordham Law Review hosted a symposium in 2009 entitled "Against Settlement: Twenty-Five Years Later." The issue is now in print, and the contributions to the symposium are available here. Here's the line-up: Howard M. Erichson, Foreword: Reflections on the...

New Qui Tam suit draws broad intervenor efforts from state governments

Posted on February 14, 2010
Law.com reports here about a qui tam suit concerning the quality of PVC pipes. The plaintiffs allege that J-M Manufacturing deliberately mislead regulators and consumers with products that did not meet manufacturing standards. The recently unsealed complaint illustrates the interesting...

Fix on Judicial Review and Agency Implementation

Posted on February 13, 2010
Professor Michael Fix (University of South Carolina) has posted "A Signaling Game of Judicial Review and Agency Implementation" on SSRN as part of the Working Paper Series. The abstract states: As the U.S. Supreme Court observed in Federal Maritime Commission...

Upcoming Conference on Iqbal (Mar. 26)

Posted on February 12, 2010
As covered earlier here, the Penn State Law Review is sponsoring a symposium entitled: "Reflections on Iqbal: Discerning Its Rule, Grappling with Its Implications." It's on Friday, March 26, 2010 at Penn State's Carlisle campus (simulcast to the University Park...

Hot Off The Presses: Recent Articles of Interest

Posted on February 12, 2010
With a hat tip to the Current Index of Legal Periodicals, here are some recent articles that may be of interest: Hannah L. Buxbaum, Personal Jurisdiction over Foreign Directors in Cross-border Securities Litigation, 35 J. Corp. L. 71 (2009) Charles...

Tyler on United States v. Klein

Posted on February 11, 2010
This paper might be of special interest to federal courts teachers who teach United States v. Klein. Professor Amanda L. Tyler (George Washington University Law School) has posted "The Story of Klein: The Scope of Congress's Authority to Shape the...

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

Posted on February 11, 2010
A recent Seventh Circuit decision holds that the denial of class certification in federal court does not eliminate federal subject-matter jurisdiction under the Class Action Fairness Act (CAFA). Therefore, when a case is removed to federal court under CAFA and...

Penn Law Review Publishes Papers from 2009 AALS Panel

Posted on February 10, 2010
The latest edition of the Penn Law Review features the papers written for the 2009 AALS Panel, "The Changing Face of Federal Civil Pretrial Practice." The papers are: Foreword: Procedure as Palimpsest Catherine T. Struve Comparative Convergences in Pleading Standards...

Black, Hyman, & Silver on the Effects of "Early Offers" in Medical Malpractice Cases

Posted on February 10, 2010
Professor Bernard S. Black (Northwestern University School of Law), Professor David Hyman (University of Illinois College of Law), and Professor Charles Silver (University of Texas School of Law) have posted "The Effects of 'Early Offers' in Medical Malpractice Cases: Evidence...

Conference Announcement -- "Aggregate Litigation: Critical Perspectives" (Mar. 12)

Posted on February 09, 2010
The George Washington University Law School is hosting a conference, Aggregate Litigation: Critical Perspectives, that may be of interest to our readers. Description and details after the jump: Aggregate litigation lies at the core of American exceptionalism in litigation and...

Class actions against Toyota begin

Posted on February 08, 2010
The National Law Journal reports on the several class actions that have been brought against Toyota in the wake of the gas pedal problems and recalls. The lawsuits are consumer class actions that seek damages for economic losses stemming from...

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