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Civil Litigation & Procedure

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Judicial Conference of the United States, Committee on Court Administration and Case Management
June 13, 2022

This manual provides trial judges a handbook on managing civil cases. It sets out a wide array of case-management techniques, beginning with early case screening and concluding with steps for streamlining trials and final disposition.

Emery G. Lee
May 12, 2022

This study examines the incidence of consolidated cases in the district courts with a focus on how often “original action final judgments” (OAFJs) create scenarios in which litigants may lose their appeal rights because of confusion about when to file a notice of appeal.

James D. Garbolino
April 28, 2022

Custody Rights | Settlement Agreements | Choice of Law

November 15, 2021

Beginning as early as May 1, 2017, some district courts are participating in a three-year pilot project known as the “Mandatory Initial Discovery Pilot Project,” which is studying whether requiring parties in civil cases to respond to a series of standard discovery requests before undertaking oth

Paul Clement, Evan Lee, Hamid Khan
October 21, 2021

Jurisdiction. Experts discuss changes in specific personal jurisdiction jurisprudence to include the incorporation of relatedness, and what might come next.

James A. Chance, Suzanna Sherry, Evan Lee
October 21, 2021

Standing. Experts discuss the novel theory of standing by inseverability, limitations on Congress’ ability to confer standing through legislation, and the questions raised by allowing nominal damages to save some completed harms from mootness.

October 18, 2021

This package of materials was transmitted to the U.S. Supreme Court on October 18, 2021, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2022.

Melissa Murray, Paul Clement, Hamid Khan
October 14, 2021

Free Speech and Free Association. Watch experts discuss the Court’s first look at public school regulation of off campus student speech, and the burden donor disclosure requirements have on Free Association rights.

Edwin Chemerinsky, James A. Chance, Michael McConnell
October 14, 2021

Free Exercise of Religion. Watch experts discuss the Court’s shift toward a more robust Free Exercise Clause in the context of contracting and COVID restrictions, and the red flag raised by government discretionary decision making.

Edwin Chemerinsky, Laurie Levenson, James A. Chance
October 14, 2021

Voting Rights Act. Watch experts discuss the limits the Supreme Court placed on Sec. 2 of the VRA to regulate time, place, and manner restrictions, and the implications for the VRA.

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