The Supreme Court's Regulation of Civil Procedure: Lessons from Administrative Law

LN Mulligan, G Staszewski - UCLA L. Rev., 2011 - HeinOnline
In this Article, we argue that the US Supreme Court should route most Federal Rules of Civil
Procedure issues through the notice-and-comment rulemaking process of the Civil Rules …

The market for preclusion in merger litigation

SJ Griffith, AD Lahav - Vand. L. Rev., 2013 - HeinOnline
VANDERBILT LAW REVIEW The Market for Preclusion in Merger Litigation Page 1
VANDERBILT LAW REVIEW VOLUME 66 MAY 2013 NUMBER 4 The Market for Preclusion …

Selection provisions in corporate contracts

H Hershkoff, M Kahan - Wash. L. Rev., 2018 - HeinOnline
We consider the emergent practice of including clauses in corporate certificates of
incorporation or bylaws that specify an exclusive judicial forum for lawsuits. According to …

Civil Rules Interpretive Theory

LN Mulligan, G Staszewski - Minn. L. Rev., 2016 - HeinOnline
We contend that the Federal Rules of Civil Procedure (Rules) should be interpreted in a
distinctive fashion, despite the federal courts' proclivity to interpret the Rules as if they were …

Managing corporate federalism: the least-bad approach to the shareholder bylaw debate

CM Bruner - Del. J. Corp. L., 2011 - HeinOnline
Over recent decades, shareholders in public corporations have increasingly sought to
augment their own power-and, correlatively, to limit the power of boards-through creative …

[图书][B] Private International Law: Contemporary Challenges and Continuing Relevance

F Ferrari, DPF Arroyo - 2019 - books.google.com
Is Private International Law (PIL) still fit to serve its function in today's global environment? In
light of some calls for radical changes to its very foundations, this timely book investigates …

Working Without Chevron: The PTO as Prime Mover

JM Golden - Duke LJ, 2015 - HeinOnline
Through a proliferation of post-issuance administrative proceedings, the US Patent and
Trademark Office (PTO) has become a major player in the fate of patents after their initial …

The Certification of Unsettled Questions of State Law to State High Courts: The Third Circuit's Experience

GL Acquaviva - Penn St. L. Rev., 2010 - HeinOnline
January 20, 2005, Walter Holmes drove to a shopping center in Maple Shade, New Jersey
to shop at Lowe's Home Center (" Lowe's"). 3 Lowe's, like the other businesses in the …

Redesigning widespread insurance coverage disputes: A case study of the British and American approaches to pandemic business interruption coverage

D Schwarcz - DePaul L. Rev., 2021 - HeinOnline
Starting in March 2020, COVID-19 fundamentally transformed life in the United States. For
innumerable businesses across the country, these changes produced massive losses as …

Free Exercise and Comer: Robust Entrenchment or Simply More of a Muddle

M Strasser - U. Rich. L. Rev., 2017 - HeinOnline
Several states are barred by their own constitutions from spending public monies in support
of sectarian institutions. The United States Supreme Court has manifested great …