Category Archives: Civil Procedure

Stephen Carr, The Problems with Principles of Judicial Review: Dart Cherokee Basin Operating Co. v. Owens

Problems of appellate jurisdiction are, by their nature, mainly pragmatic problems. The U.S. Circuit Courts of Appeals are forced to balance the need to provide timely, effective appellate review of district court decisions against the understandable desire for judicial economy.In … Continue reading

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Cole Barnett & Chris Weeg, Intervention in the Tax Court and the Appellate Review of Tax Court Procedural Decisions

The Tax Court is an Article I court. It resolves more than 95% of all tax-related litigation—actually nearly 97% of the total federal tax docket in 2012. Despite this substantial role in federal litigation, scholars and courts have generally put … Continue reading

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Stephen Carr, Reconsidering Indirect-Purchaser Class Actions

Few issues have proven more vexing to private antitrust enforcement than those related to indirect-purchaser class actions. The current dual system of enforcement—federal and state—exacerbates the difficulty of litigating indirect-purchaser claims by layering procedural complexity on top of substantive complexity … Continue reading

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Cole Barnett, Is Injury a Tortious Act?: Interpreting Florida’s Long-Arm Statute

Florida Statute § 48.193 enumerates several acts that grant Florida courts personal jurisdiction over nonresident defendants. Under Florida Statute § 48.193(1)(a)(2), nonresident defendants may become subject to personal jurisdiction in Florida by “committing a tortious act within this state.” The … Continue reading

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Judge Emmett Ripley Cox, Thirty-Two Years on the Federal Bench: Some Things I Have Learned

In this Essay, prepared as the basis for the 2014 Dunwody Distinguished Lecture in Law at the University of Florida Levin College of Law, Judge Cox discusses a few things he learned from his experience as a trial judge and later as … Continue reading

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Peter L. Markowitz & Lindsay C. Nash, Constitutional Venue

A foundational concept of American jurisprudence is the principle that it is unfair to allow litigants to be haled into far away tribunals when the litigants and the litigation have little or nothing to do with the location of such … Continue reading

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