Category Archives: Civil Procedure

Lauren Rehm, A Proposal for Settling the Interpretation of Florida’s Proposals for Settlement

Posted on January 22, 2013 by mike814

Although created to encourage settlement, few rules have generated more collateral litigation than Florida’s proposals for settlement provisions. While Florida Statutes section 768.79 creates a substantive right to attorney’s fees, Florida Rule of Civil Procedure 1.442 provides a procedural enforcement … Continue reading →

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Sergio J. Campos, Erie as a Choice of Enforcement Defaults

Posted on January 22, 2013 by mike814

The Erie doctrine governs, among other things, when a federal court sitting in diversity jurisdiction may use a federal procedure that differs from the procedure a state court would use. Displacing the state procedure with the federal procedure (or not) … Continue reading →

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Justin R. Pidot, The Invisibility of Jurisdictional Procedure and Its Consequences

Posted on September 5, 2012 by mike814

Modern standing doctrine has been the subject of substantial scholarly inquiry. Critics charge that it allows judges to resolve cases based on their own ideologies, favoring corporations over individuals and those who harm over those harmed. The doctrine likewise disserves … Continue reading →

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Richard Esenberg, A Modest Proposal for Human Limitations on Cyberdiscovery

Posted on September 4, 2012 by mike814

Many lawyers, whether by training or disposition, have come to regard discovery as a process in which no stone is to be left unturned. With the advent of electronically stored information, the stones have become too numerous to account. Discovery … Continue reading →

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E. Donald Elliott, Twombly in Context: Why Federal Rule of Civil Procedure 4(B) Is Unconstitutional

Posted on September 4, 2012 by mike814

Rule 4(b) of the Federal Rules of Civil Procedure delegates to private parties state authority to compel a person to appear and answer civil charges in court without any preliminary state review or screening for reasonableness. This is argued to … Continue reading →

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Ronald J. Allen, How to Think About Errors, Costs, and Their Allocation

Posted on September 4, 2012 by mike814

There is an ongoing, robust debate about the structure of litigation, and in particular, about access to the courts. For a considerable period of time, the mantra that the courts should be readily available to all the people so that … Continue reading →

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