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The Stealth Revolution In Personal Jurisdiction, Michael H. Hoffheimer 2019 University of Florida Levin College of Law

The Stealth Revolution In Personal Jurisdiction, Michael H. Hoffheimer

Florida Law Review

Since 2011 the Roberts Court has decided six personal jurisdiction cases that impose significant new constitutional restrictions on the power of courts and limit plaintiffs’ access to justice. But the Court’s opinions explaining those decisions have repeatedly denied that the Court is altering settled law. This Article argues that the Court is engaged in a stealth revolution, a process of radically changing existing law while claiming to follow controlling precedent. By claiming to rely on precedent, the Court avoids the need to offer a clear rule of decision, fails to explain the policies that motivate its changing approach to ...


State, Bd. Of Architecture V. Dist. Ct., 135 Nev. Adv. Op. 49, Melissa Yeghiazarian 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

State, Bd. Of Architecture V. Dist. Ct., 135 Nev. Adv. Op. 49, Melissa Yeghiazarian

Nevada Supreme Court Summaries

The Court had two holdings in this case. First, a final decision for purposes of judicial review must contain a detailed finding of facts and conclusions of law by an administrative agency. Second, when a petition for judicial review is filed prematurely, it does not vest jurisdiction in the district court.


Marcus A. Reif V. Aries Consultants, Inc., 135 Nev. Adv. Op. 51 (Oct. 10, 2019), Joseph Adamiak 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Marcus A. Reif V. Aries Consultants, Inc., 135 Nev. Adv. Op. 51 (Oct. 10, 2019), Joseph Adamiak

Nevada Supreme Court Summaries

The Court determined that, under NRS 11.258(1), a complaint is only void if it is served without a concurrent filing of attorney affidavit and export report.


Making Rule 23 Ideal: Using A Multifactor Test To Evaluate The Admissibility Of Evidence At Class Certification, Cianan M. Lesley 2019 University of Michigan Law School

Making Rule 23 Ideal: Using A Multifactor Test To Evaluate The Admissibility Of Evidence At Class Certification, Cianan M. Lesley

Michigan Law Review

Circuit courts are split on whether and to what extent the Daubert standard should apply at class certification. Potential plaintiffs believe that application of Daubert would make it nearly impossible to obtain class certification. For potential defendants, the application of the standard is an important way to ensure that the certification process is fair. This Note examines the incentives underlying the push to apply the Daubert standard at class certification and the benefits and drawbacks associated with that proposal. It proposes a solution that balances the concerns of both plaintiffs and defendants by focusing on three factors: the obstacles to ...


Superseding Money Judgments In Texas: Four Proposed Reforms To Help The Business Litigant And To Further Improve The Texas Civil Justice System, James Holmes 2019 Holmes PLLC

Superseding Money Judgments In Texas: Four Proposed Reforms To Help The Business Litigant And To Further Improve The Texas Civil Justice System, James Holmes

St. Mary's Law Journal

Article is in draft form. Abstract forthcoming.


Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino 2019 University of Cincinnati College of Law

Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino

Faculty Articles and Other Publications

This Court should not interpret section 1981 to require proof of but-for causation, given that statute’s text, history, and purpose. Although Comcast invokes the canon of statutory construction that Congress intends statutory terms to have their settled common-law meaning, that canon does not apply here. Section 1981 has no statutory text that reflects a common-law understanding of causation. Indeed, in 1866, when Congress enacted the predecessor to section 1981, there was no well-settled common law of tort at all. Rather, just as courts have read 42 U.S.C. § 1982, which shares common text, history and purpose, this Court ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Establishing Climate Change Standing: A New Approach, Ian R. Curry 2019 Pace University

Establishing Climate Change Standing: A New Approach, Ian R. Curry

Pace Environmental Law Review

Climate change is one of the thorniest political, legal, and economic issues of our time. Therefore, a new legal approach to the issue is required. This Note proposes a streamlined approach for climate change standing, one that assumes injury in fact and causation for a class of discernible climate change harms. A streamlined approach will enable litigants harmed by climate change to seek redress in court, providing an outlet for redress where there has previously been none. Part II of this Note discusses the constitutional doctrine of standing. It begins with a summary of Article III and the logic behind ...


Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese 2019 William & Mary Law School

Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese

Alan J. Meese

No abstract provided.


The Supreme Court's Backwards Proportionaility Jurisprudence: Conparing Judicial Review Of Excessive Criminal Punishments And Excessive Punitive Damages Award, Adam M. Gershowitz 2019 William & Mary Law School

The Supreme Court's Backwards Proportionaility Jurisprudence: Conparing Judicial Review Of Excessive Criminal Punishments And Excessive Punitive Damages Award, Adam M. Gershowitz

Adam M. Gershowitz

No abstract provided.


The Twin Aims Of Erie, Michael S. Green 2019 William & Mary Law School

The Twin Aims Of Erie, Michael S. Green

Michael S. Green

We all remember the twin aims of the Erie rule from first-year civil procedure. A federal court sitting in diversity must use forum state law if it is necessary to avoid 'forum shopping" and the "inequitable administration of the laws." This Article offers a reading of the twin aims and a systematic analysis of their proper role in federal and state court. I argue that the twin aims apply in diversity cases not because they protect state interests, but because they serve the federal purposes standing behind the diversity statute. So understood, they are about separation of powers, not federalism ...


Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


Responding To The Loss Of An En Banc Quorum (Update: Prawfsblawg Gets Results!?), Aaron-Andrew P. Bruhl 2019 William & Mary Law School

Responding To The Loss Of An En Banc Quorum (Update: Prawfsblawg Gets Results!?), Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

One Good Plaintiff Is Not Enough, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

This Article concerns an aspect of Article III standing that has played a role in many of the highest-profile controversies of recent years, including litigation over the Affordable Care Act, immigration policy, and climate change. Although the federal courts constantly emphasize the importance of ensuring that only proper plaintiffs invoke the federal judicial power, the Supreme Court and other federal courts have developed a significant exception to the usual requirement of standing. This exception holds that a court entertaining a multiple-plaintiff case may dispense with inquiring into the standing of each plaintiff as long as the court finds that one ...


Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


Deferring To Agency Amicus Briefs That Present New Guidance, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

Deferring To Agency Amicus Briefs That Present New Guidance, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


At&T'S Long Game On Unconscionability, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

At&T'S Long Game On Unconscionability, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


At&T V. Concepcion And Adherence To Minority Views, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

At&T V. Concepcion And Adherence To Minority Views, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


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