In Allianz SpA v. West Tankers Inc., the European Court of Justice (ECJ) deemed antisuit injunctions, a tool that English courts commonly employ to enforce arbitration agreements, incompatible with EU law. As a result, English courts can no longer issue an antisuit injunction preventing a party—who is either ignoring or contesting… Read More »
This Article is about consistency in adjudication. I explore why consistency matters, what its determinants are, and whether it can be substantially achieved at a price that is worth paying.
This Article is also about the United States asylum adjudication system. Asylum challenges the national conscience in distinctive ways. It… Read More »
How does one determine whether a particular rule is jurisdictional or not? Over the last few years, the Court has focused on this question, most recently in a decision holding that the six-year statute of limitations in the Tucker Act is a quasi-jurisdictional bar to suit.
The Court is right to… Read More »
Procedural evolution in complex cases seems to have left the civil jury behind. The trend toward centralizing cases pending on the same topic in one court results in cases of national scope being tried by local juries; this reality is a catalyst for forum shopping and a frequent justification for… Read More »
Since the emergence of the modern class action in the 1966 amendments to the Federal Rules of Civil Procedure, controversy has attended the certification of litigation to proceed on a class-wide basis. The addition to the Rules in 1998 of express authorization for appeals of class certification determinations short of… Read More »
This is a response to James McDonald’s student Note, Milberg’s Monopoly: Restoring Honesty and Competition to the Plaintiffs’ Bar in Volume 58 of the Duke Law Journal. Click here for the Note.
Although the Duke Law Journal’s article, Milberg’s Monopoly: Restoring Honesty and Competition to the Plaintiffs’ Bar, reflects a lot of effort… Read More »
Cost-benefit “proportionality” limits on discovery have long been prescribed by a wide range of commentators. The judiciary codified a proportionality requirement in Federal Rule of Civil Procedure 26(b)(2)(C) and later in e-discovery rules based on proportionality principles, such as the Rule 26(b)(2)(B) proviso that only upon “good cause” can there… Read More »
The world’s nations vary widely in the quality of their judicial systems. In some jurisdictions, the courts resolve commercial disputes quickly, fairly, and economically. In others, they’re slow, inefficient, incompetent, biased, or corrupt. Weak court systems are a particularly conspicuous problem for developing and transitioning economies. Yet there are striking… Read More »
In a fairly short period of time, arbitration agreements have migrated beyond their traditional domains, such as commercial transactions between sophisticated business entities, and have come to pervade the contemporary economy. A typical consumer might have agreed, though not necessarily consciously, to arbitrate disputes with his or her credit card… Read More »
Below is a brief introduction to the Legal Workshop project. We hope you enjoy getting to know us, and we welcome your feedback.
Mission:
The Legal Workshop website provides a single online forum for cutting-edge legal scholarship from the top law journals in the country.
The Legal Workshop features… Read More »