recent scholarship

Spottswood on Live Hearings, Paper Trials

August 27, 2010 13:00

Prof. Mark Spottswood (Northwestern) has posted on SSRN his article Live Hearings and Paper Trials. Here’s the abstract: This article explores a constantly recurring procedural question: When is fact-finding improved by a live hearing or trial, and when would it...

Nagareda on Class Certification and Dukes v. Wal-Mart

August 26, 2010 13:30

Prof. Richard Nagareda (Vanderbilt) has posted on SSRN his essay, Common Answers for Class Certification, which is forthcoming in the Vanderbilt Law Review En Banc. Here's the abstract: This Essay for the Vanderbilt Law Review En Banc roundtable on Dukes...

Orth's Reappraisals in the Law of Property

August 25, 2010 23:26

John Orth's charming and insightful Reappraisals in the Law of Property has just appeared in Robin Paul Malloy's "Law, Property, and Society" series. The book collects a series of Orth's essays, many of which have appeared in the Green Bag....

Skinner on International Law Violations and "Arising Under" Jurisdiction

August 25, 2010 12:00

Professor Gwynne Skinner (Willamette University College of Law) has posted "When Customary International Law Violations 'Arise Under the Laws of the United States'" on SSRN. It will be published in the Brooklyn Journal of International Law. The abstract states: For...

Meier on Causation and Standing

August 25, 2010 11:35

Luke Meier (Baylor Law School) has posted Causation and Standing to SSRN. Abstract: To satisfy the standing requirements deriving from the “case” or “controversy” language of Article III, a plaintiff must show (1) injury in fact which is (2) fairly...