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Law Notes: St. Mary's University School of Law Newsletter Fall 2012
No full textA Note from the Dean, Entrepreneurial Spirit, A World of Opportunity, Earn CLE Credit in China, Campus Briefs, Meet Our New Faculty Members, Distinguished Law Graduate Dinner, Kudos and Class Notes, In Memoriam, Law Alumni Association President's Corner
10-0997 PARADIGM OIL, INC. v. RETAMCO OPERATING, INC.
No full text10-0997 This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court's staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court's opinion a
Law Notes: St. Mary's University School of Law Newsletter Spring 2012
No full textSt. Mary's on the Bench: Two Groundbreaking Federal Judges, Master of Laws: On Trend and On the Ris
Allegedly "Biased," "Intimidating," and "Incompetent" State Court Judges and the Questionable Removal of State Law Class Actions to Purportedly "Impartial" and "Competent" Federal Courts - A Historical Perspective and an Empirical Analysis of Class Action Dispositioons in Federal and State Courts, 1925-2011
No full textJudges as well as members of plaintiffs’ and defense bars agree: a class action is a superior, efficient, and inexpensive procedural tool to litigate disputes that present similar questions of fact and law. To be sure, corporations and insurers have a long history of filing successful class actions against each other in state courts. Yet those corporate entities convinced Congress to embrace an uncommon view: continuing to allow allegedly “hostile” and “biased” state judges and juries to hear and decide everyday consumers’ “purely substantive state law class actions” is unfair and inefficient. Responding to the plea, Congress enacted the Class Action Fairness Act of 2005 (CAFA). Reading CAFA’s purpose and findings, one discovers several questionable assumptions: (1) Out-of-state corporate defendants are more likely to lose consumer-initiated class actions in state courts, (2) allowing multinational insurers and corporations to remove consumers’ “purely state law class actions” to federal courts will increase efficiency between states’ and the federal judiciaries, and (3) federal judges are more “impartial” and significantly less likely to allow extralegal factors to influence the dispositions of class actions. To determine whether reformers’ assumptions were sound, the author sampled, read, and coded 2,657 federal and state court class actions and ordinary decisions. This Article discusses the historical and empirical findings and provides evidence that refutes reformers’ assumptions about class action litigation in state and federal courts. Also, this Article questions the rationality of Congress’s sweeping removal reforms, which find no sound support in law or in fact. Moreover, this Article highlights several unintended consequences of class action reforms, which insurers and corporations are likely to regret. Finally, given that CAFA’s removal provisions are likely to undermine traditional principles of judicial federalism, this Article encourages the Supreme Court or, preferably, a more enlightened Congress, to address the concerns raised here as soon as the opportunity arises
2012: CLE: Civil Restitution in Texas
No full textThe substance of the presentation will consist of a discussion of issues, arising under Texas law, concerning the existence of an independent cause of action for unjust enrichment. In addition, the Texas rules concerning the various remedies of restituti
2012: CLE: Tech-Inspired Tips for an Agile Law Practice
No full textIn the fast-moving world of software development and startup companies, Agile methodologies are used to keep companies competitive. This discussion introduces Agile concepts to the legal field and discusses how you can apply some of these concepts to you
2012: CLE: America at War: The Confluence of International Ethics, International Law, and International Relations
No full textThis presentation will address America's use of force regarding Afghanistan, Iraq, and Libya as well as the threat of force in the persistent conflicts with Iran and North Korea. These events illustrate the inextricable linkage between international ethi