Category Archives: Civil Procedure

Wendy Parker, Recognizing Discrimination: Lessons From White Plaintiffs

The Supreme Court has developed a robust equal protection jurisprudence to recognize the rights of whites complaining of race conscious governmental activity. This was particularly reflected in the Court’s opinion in Parents Involved, where the Roberts Court radically repositioned the meaning of Brown v. … Continue reading

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Dane Ullian, Retroactive Application of State Long-Arm Statutes

A precondition to a court’s exercising any measure of authority over an individual or an entity is the court’s establishment of personal jurisdiction. A court may exercise personal jurisdiction over a nonresident defendant only if the forum state provides a statutory basis for … Continue reading

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Andrew S. Pollis, Civil Rule 54(B): Seventy-Five and Ready for Retirement

As we commemorate the diamond anniversary of the Federal Rules of Civil Procedure, this Article takes a critical look at one of the failed Rules: Rule 54(b). Although many commentators have noted difficulties with Rule 54(b), this is the first effort … Continue reading

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

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

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

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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