Civil Procedure Stories 2nd edition by Kevin Clermont – Ebook PDF Instant Download/Delivery: 1599413471 , 9781599413471
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ISBN 10: 1599413471
ISBN 13: 9781599413471
Author: Kevin Clermont
This book is a collaborative effort by fourteen law-school professors to provide a deeper understanding of the great civil procedure cases. The professors each wrote a short chapter on one of the cases, retelling the cases in their own voice and by their own method. Each chapter has a fairly consistent structure, with separate sections on: social and legal background of the case; factual background of the case; lower court proceedings in the case; final appellate disposition, including issues, decisions, reasons, and separate opinions; factual postscript to the case; immediate impact of the case on the development of the law (why the case is famous and when it became so); and continuing importance of the case today (why it is still a leading case).The accompanying website, http://civprostories.law.cornell.edu, serves as a research tool for students, academics, and practitioners.
Civil Procedure Stories 2nd Table of contents:
Introduction: Civil Procedure Archaeology
Part I: Forum
Chapter 1: Governing law—The Story of Erie: How Litigants, Lawyers, Judges, Politics, and Social Change Reshape the Law
Chapter 2: Subject-matter jurisdiction—The Story of Owen Equipment v. Kroger: A Change in the Weather of Federal Jurisdiction
Chapter 3: Territorial jurisdiction—The Story of Shaffer: Allocating Jurisdictional Authority Among the States
Chapter 4: Procedural due process—The Story of Connecticut v. Doehr: Balancing Costs and Benefits in Defining Procedural Rights
Chapter 5: Venue—The Story of Piper: Forum Matters
Part II: Pretrial
Chapter 6: Parties—The Story of Hansberry: The Rise of the Modern Class Action
Chapter 7: Pleadings—The Story of Conley: Precedent by Accident
Chapter 8: Discovery—The Story of Hickman: Preserving Adversarial Incentives While Embracing Broad Discovery
Chapter 9: Motions—The Story of Celotex: The Role of Summary Judgment in the Administration of Civil Justice
Part III: Trial
Chapter 10: Jury—The Story of Colgrove: Social Science on Trial
Part IV: Judgment
Chapter 11: Res judicata—The Story of Parklane: The “Litigation Crisis” and the Efficiency Imperative
Chapter 12: Recognition and enforcement—The Story of Hilton: From Gloves to Globalization
Part V: System
Chapter 13: Adjudicatory—The Story of Goldberg: Why This Case Is Our Shorthand
Chapter 14: Adversarial—The Story of Lassiter: The Importance of Counsel in an Adversary System
Biographies of Civil Procedure Stories Contributors
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