Civil Procedure

In a Comment here last November, Professors William Baude and Samuel Bray reimagined a twenty-five-year-old trend of state-initiated public law litigation as the consequence.

Equity and the Power of Procedural Supervision

Disputes over procedure have long forced the federal courts to face the limits of their power. In 1825, Chief Justice Marshall wrote that federal.

Calling Balls and Strikes in Prisoner Litigation

“A loose vocabulary,” John Chipman Gray once wrote, “is a fruitful mother of evils.” One of the loosest words in legal vocabulary is also.

Brody v. Fox Broadcasting Co.

Southern District of New York Holds that Fair Use May Be Raised on a Rule 12(B)(6) Motion to Dismiss.

Dialectal Due Process

The principle of the arbitrariness of the sign is not doubted by anyone, but it is often easier to discover a truth than to.

Mayor of Baltimore v. BP P.L.C.

Fourth Circuit Declines to Apply Federal Common Law for Municipal Climate Change Lawsuit.

United States v. Moore-Bush

First Circuit Divides on Constitutionality of Warrantless Pole-Camera Surveillance of Home's Curtilage.

Drazen v. Pinto

Eleventh Circuit Holds that Absent Class Members Must Satisfy Article III Standing at the Class Certification Phase for Settlement-Only Class Action.

Waters v. Day & Zimmermann NPS, Inc.

First Circuit Holds that Federal Rule of Civil Procedure 4(k)(1)(a)'s Territorial Constraints Apply to Only the Initial Service of Process.

Berger v. North Carolina State Conference of the NAACP

The United States has an adversarial legal system, meaning the parties to a given lawsuit play a central role in shaping its outcome. It.