Author: Scott Dodson

Rick Marcus on Procedure and Courts in America

Published on Author Scott Dodson

My colleague Rick Marcus, a longtime leader in both domestic and comparative civil procedure, has published two articles. The first, “Treading Water? Current Procedural Issues in America,” 23 ZZPInt 183 (2018), reports on U.S. procedural developments of some interest to scholars in other countries, including class-action rule reform, personal jurisdiction, discovery, arbitration, and third-party litigation… Continue reading Rick Marcus on Procedure and Courts in America →

Dorit Reiss and John Diamond on Liability for Anti-Vaccine Misinformation

Published on Author Scott Dodson

Vaccine laws and debates are spreading like a contagion. Measles, once thought nearly eradicated in the United States, has experienced outbreaks in Minnesota, New York, California, and other states. These outbreaks have been caused primarily by undervaccinated communities. The resurgency of measles and other vaccinable diseases has flamed the already virulent vaccination debates between public-health… Continue reading Dorit Reiss and John Diamond on Liability for Anti-Vaccine Misinformation →

Zach Price on Reliance Defenses for Executive Officials

Published on Author Scott Dodson

All government officials take an oath to uphold the Constitution. The Supreme Court is the ultimate authority on the interpretation of the Constitution and, more pointedly, when a law or official conduct is unconstitutional. But the Court doesn’t decide all those questions. And so executive officials are often left with unanswered questions about whether a… Continue reading Zach Price on Reliance Defenses for Executive Officials →

Chimène Keitner on Common-Law Foreign-Official Immunity

Published on Author Scott Dodson

The Foreign Sovereign Immunities Act (“FSIA”) is the primary domestic statute codifying foreign sovereign immunity—the immunity that foreign nations enjoy in U.S. courts. With scattered exceptions, questions involving foreign immunity outside of FSIA are matters of federal common law. Those questions include foreign-official immunity, whose importance has increased dramatically as the international travel of foreign… Continue reading Chimène Keitner on Common-Law Foreign-Official Immunity →

Rick Marcus on Public Courts in the United States

Published on Author Scott Dodson

My colleague Professor Rick Marcus, who has distinguished himself in procedure circles not just in the U.S. but also quite prominently abroad, has posted a new book chapter titled “Reassessing the Essential Role of the Public Courts: Learning from the American Experience.” The book is focused on the public role of courts from a comparative… Continue reading Rick Marcus on Public Courts in the United States →

Rick Marcus on Zero-Sum Procedure Wars

Published on Author Scott Dodson

America seems mired in a highly partisan and polarized political era. The truth is that we have been so for some time, and that the polarization has infected the most apolitical of legal subjects: civil procedure. The Federal Rules of Civil Procedure have always been adventuresome, at least in the eyes of the rest of… Continue reading Rick Marcus on Zero-Sum Procedure Wars →

Zach Price on Reliance on Executive Nonenforcement

Published on Author Scott Dodson

In “Reliance on Nonenforcement,” appearing in the William & Mary Law Review, my brilliant colleague Zach Price continues his leading work on executive–branch nonenforcement, an issue that has risen to the forefront in an era of divided and polarized politics. The idea of executive nonenforcement is straightforward and has a long pedigree. Has a police… Continue reading Zach Price on Reliance on Executive Nonenforcement →

Morris Ratner on Unbundled Legal Services

Published on Author Scott Dodson

In a recent colloquium contribution titled “Restraining Lawyers: From ‘Cases’ to ‘Tasks’” published in Fordham Law Review, my colleague Morris Ratner, one of the most incisive voices on the intersection of the Federal Rules of Civil Procedure and the actual business model of attorney litigation, dissects the traditional “case” as the unit of measure for… Continue reading Morris Ratner on Unbundled Legal Services →

Rick Marcus on the Future of the American Class Action

Published on Author Scott Dodson

My colleague Rick Marcus, one of the current “greats” in the world of civil procedure, recently wrote a paper called “Bending in the Breeze: American Class Actions in the Twenty-First Century.” In the paper, Professor Marcus appraises the future of the federal class action.   Professor Marcus is in a good position to do so; he… Continue reading Rick Marcus on the Future of the American Class Action →

Zach Price on Congressional Control of Executive Spending

Published on Author Scott Dodson

My colleague Zach Price, who writes about constitutional law, with a specific emphasis on separation of powers and executive power, has written a timely and very important new article called “Funding Conditions and Separation of Powers,” forthcoming in Vanderbilt Law Review. The article tackles a heady issue of law and politics: when are congressional conditions… Continue reading Zach Price on Congressional Control of Executive Spending →