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Civil Procedure & Federal…
Civil Procedure & Federal Courts Blog
By Professors Robin Effron, Cynthia L. Fountaine, and Adam Steinman
http://lawprofessors.typepad.com/civpro/
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May 22
Pereyra and Sunshine on Settlement Rates After Twombly and Iqbal
Pereyra and Sunshine on Settlement Rates After Twombly and IqbalVictor Abel Pereyra and Benjamin Sunshine, of University of Illinois College of Law, have posted on SSRN their paper Access-to-Justice v. Efficiency: An Empirical Study of Settlement Rates After Twombly and Iqbal. Abstract: A party’s… -
May 17
Coleman on Hoffman on Civil Rulemaking After Twombly and Iqbal
Coleman on Hoffman on Civil Rulemaking After Twombly and IqbalNow available on the Courts Law section of JOTWELL is an essay by Brooke Coleman (Seattle) entitled Celebrating Civil Rulemaking. It reviews a recent article by Lonny Hoffman (Houston), Rulemaking in the Age of Twombly and Iqbal, which will… -
May 17
Meyn on Comparing Civil and Criminal Discovery
Meyn on Comparing Civil and Criminal DiscoveryProf. Ion Meyn (Wisconsin) has posted on SSRN a draft of his article Discovery and Darkness: The Information Deficit in Criminal Disputes, which will appear in the Brooklyn Law Review. Here’s the abstract: Scholarship has long recognized a…
Rank this Week: 1107
Workplace Prof Blog
Workplace Prof Blog
Covers arbitration, disability, employment discrimination, labor law, public employment law and workplace safety. By Professors Richard Bales, Jeffrey M. Hirsch and Marcia L. McCormick.
http://lawprofessors.typepad.com/laborprof_blog/
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May 22
Eighth Annual Seton Hall Employment & Labor Law Scholars' Forum
Eighth Annual Seton Hall Employment & Labor Law Scholars' ForumThe good folks at Seton Hall have just put out a call for proposals for the Eighth Annual Seton Hall Employment & Labor Law Scholars' Forum. This is a great event--basically the labor & employment version of the Stanford/Yale/Harvard… -
May 22
U.S. Supreme Court to Hear Sox Whistleblower Case Involving Contractor
U.S. Supreme Court to Hear Sox Whistleblower Case Involving ContractorThis past Friday, the United State Supreme Court granted cert. in the case of Lawson v. FMR LLC. The case concerns whether the Sarbanes-Oxley Act (SOX), which protects employees of publicly traded companies from retaliation for reporting… -
May 21
Yesterday's Supreme Court Chevron Decision and Its Impact on the NLRB
Yesterday's Supreme Court Chevron Decision and Its Impact on the NLRBA very interesting guest post today by Lise Gelernter (Buffalo) on the potential impact of yesterday's U.S. Supreme Court decision involving administrative law and the FCC, which could have some impact on the NLRB's power to interpret the…
Rank this Week: 140
Mass Tort Litigation Blog
Mass Tort Litigation Blog
By Professors Byron Stier and Howard Erichson.
http://lawprofessors.typepad.com/mass_tort_litigation/
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May 15
Distributive Justice in Action
Distributive Justice in ActionThere is a very nice, lauditory article on Kenneth Feinberg in the New York Times today: "One Man Disperses Charity After Tragedy in Boston." The interesting thing about the compensation funds Feinberg is often asked to run are the… -
May 15
Distributive Justice in Action
Distributive Justice in ActionThere is a very nice, lauditory article on Kenneth Feinberg in the New York Times today: "One Man Disperses Charity After Tragedy in Boston." The interesting thing about the compensation funds Feinberg is often asked to run are the… -
Apr 29
Engle's Progeny March On
Engle's Progeny March OnEarlier this month two tobacco trials with origins in the Florida Supreme Court's affirmation of classwide issue preclusion in Engle resulted in large awards. Searcy v. R.J. Reynolds Tobacco Co., M.D. Fla., No. 3:09-cv-13723, verdict rendered…
Rank this Week: 933
e-Lessons Learned
e-Lessons Learned
Covers e-discovery issues by focusing on mistakes made by counsel, employers and employees.
http://ellblog.com
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Apr 10
When deactivating your Facebook account becomes the intentional destruction of evidence
When deactivating your Facebook account becomes the intentional destruction of evidenceDeactivating your Facebook account and passively allowing it to be permanently deleted can be considered the intentional destruction of evidence. The Plaintiff in Gatto is now facing a potentially damaging adverse jury instruction if he… -
Apr 8
Photogrammetry for the Win!… If you know what it does.
Photogrammetry for the Win!… If you know what it does.The Federal Rules of Evidence (“FRE”) are notorious for their complication. Hearsay Rules continue to astound attorneys across the country. Now, in a more modern era, we have the advanced electronics capable of aiding the… -
Apr 1
Privileged Communications Have to Actually be Privileged to be Immune
Privileged Communications Have to Actually be Privileged to be ImmuneThe brief order by the First Department Appellate Division doesn’t delve into much background (or really any background at all) as to the facts of the present case, however, it does shed some light on discovery matters. The prior order…
Rank this Week: 4494
Concurring Opinions
Concurring Opinions
Covers a broad range of legal topics. By Professors Daniel J. Solove, Kaimipono Wenger, Dave Hoffman, Nate Oman, Frank Pasquale, Deven Desai, Danielle Citron, Lawrence Cunningham, Sarah Waldeck, Jaya Ramji-Nogales, Solangel Maldonado, Gerard Magliocca
http://www.concurringopinions.com
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Nov 26
When is it ok to be "descriptive"
When is it ok to be "descriptive"I presented a taxonomy of federal litigation today to a terrific audience at Rutgers-Camden. As I’ve covered in exhausting detail, the paper sets out to describe how lawyers organize causes of action together into complaints. It uses a… -
Nov 26
Majoring in college sport
Majoring in college sportLast year, I wrote about a proposal by Sally Jenkins of the Washington Post to allow college athletes to major in their sport, building a (hopefully) rigorous curriculum around participation on the team. -
Nov 26
Cloture Reform-One Further Thought
Cloture Reform-One Further ThoughtBoth parties in the Senate appear to be gearing up for a showdown in January over the rules governing filibusters.
Rank this Week: 197
BioLaw: Law and the Life Sciences
BioLaw: Law and the Life Sciences
By Jim Chen, Kristi L. Bowman, Rebecca M. Bratspies, Holly D. Doremus, Peter H. Huang, Elizabeth Weeks Leonard, Andrew Long, Barbara A. Noah, Jordan Paradise, J.B. Ruhl, Andrew W. Torrance, and Katherine Van Tassel.
http://biolaw.blogspot.com/
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Nov 21
Jonathan Kahn, Race in a Bottle
Jonathan Kahn, Race in a BottleRecently received in the Jurisdynamics Network's mailbox: Jonathan Kahn, Race in a Bottle: The Story of BiDil and Racialized Medicine in a Post-Genomic Age (2011) (available at http://amzn.to/RaceBottle): -
Oct 31
Synthesizing Law for Synthetic Biology
Synthesizing Law for Synthetic BiologyEarlier this year, I was commissioned by the National Academies to write a report on synthetic biology, standards setting, and intellectual property, which I co-authored with Linda Kahl, and presented at the National Academies in Washington,… -
Oct 21
Bioprospect theory
Bioprospect theoryJim Chen, Bioprospect Theory, available at http://ssrn.com/abstract=2164848 or http://bit.ly/BioprospectTheory. To be presented at the University of Akron School of Law's sixth annual Intellectual Property Scholars Forum.
Rank this Week: 1295