Procedure Theory
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Robert G. Bone (Boston University School of Law) has posted Making Effective Rules: The Need for Procedure Theory (Oklahoma Law Review, Vol. 61, p. 319, 2008) on SSRN. Here is the abstract: This essay is the published and somewhat expanded version of a presentation to the meeting of the AALS Section on Civil Procedure at…
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Michael H. LeRoy (University of Illinois College of Law) has posted Crowning the New King: The Statutory Arbitrator and the Demise of Judicial Review (Journal of Dispute Resolution, Vol. 29, No. 3, Spring 2009) on SSRN. Here is the abstract: Judicial review of arbitration awards is highly deferential- but when does it become rubber stamping?…
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Manuel A. Gomez (Florida International University – College of Law) has posted Class Actions, Group Litigation and Other Aggregative Procedures in Latin America: A General Overview on SSRN. Here is the abstract: This article offers a synopsis on the current status of class actions, and other forms of aggregative and collective litigation that exist in…
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Elizabeth Chamblee Burch (Florida State University – College of Law) has posted Procedural Justice in Nonclass Aggregation (Wake Forest Law Review, Forthcoming) on SSRN. Here is the abstract: Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individual litigation and certified class actions. Although scholars have formulated procedural protections for…
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Adam Steinman (University of Cincinnati – College of Law) has posted An Ounce of Prevention: Solving Some Unforeseen Problems with the Proposed Amendments to Rule 56 and the Federal Summary Judgment Process (Northwestern University Law Review, Forthcoming) on SSRN. Here is the abstract: The Civil Rules Advisory Committee has recently proposed the most significant revisions…
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Edward Brunet (Lewis & Clark Law School) has posted The Minimal Role of Federalism and State Law in Arbitration (Nevada Law Review, Forthcoming) on SSRN. Here is the abstract: State arbitration law currently plays an atrophied and minimal role. Modern Supreme Court arbitration cases leave little room for the application of state arbitration law or…
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Chad M. Oldfather (Marquette University – Law School) has posted Universal De Novo Review (George Washington Law Review) on SSRN. Here is the abstract: This article takes up the question of why appellate courts always review questions of law pursuant to the de novo standard of review. Put another way, it examines the familiar idea…
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Bryan L Adamson (Seattle University School of Law) has posted Federal Rule of Civil Procedure 52(A) as an Ideological Weapon? on SSRN. Here is the abstract: In this article, the author explores Federal Rule of Civil Procedure 52(a) and standard of review choice to determine whether appellate judges can exploit its terms to pursue ideological…
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Leonard L. Riskin and Nancy Welsh (Pennsylvania State University – Dickinson School of Law) have posted Is that All There is? ‘The Problem’ in Court-Oriented Mediation (George Mason Law Review, Vol. 15, 2008) on SSRN. Here is the abstract: The "alternative" process of mediation is now well-institutionalized and widely (though not universally) perceived to save…
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Ettie Ward (St. John’s University – School of Law) has posted The After-Shocks of Twombly: Will We Notice Pleading Changes? (St. John’s Law Review , Vol. 82, p. 893, 2008) on SSRN. Here is the abstract: Bell Atlantic Corp. v. Twombly was decided by the Supreme Court on May 21, 2007 and has already been…