Equity and the Power of Procedural Supervision
Vol. 137 No. 5
Disputes over procedure have long forced the federal courts to face the limits of their power. In 1825, Chief Justice Marshall wrote that federal...
Southern District of New York Holds that Fair Use May Be Raised on a Rule 12(B)(6) Motion to Dismiss.
Fourth Circuit Declines to Apply Federal Common Law for Municipal Climate Change Lawsuit.
First Circuit Divides on Constitutionality of Warrantless Pole-Camera Surveillance of Home's Curtilage.
Eleventh Circuit Holds that Absent Class Members Must Satisfy Article III Standing at the Class Certification Phase for Settlement-Only Class Action.
First Circuit Holds that Federal Rule of Civil Procedure 4(k)(1)(a)'s Territorial Constraints Apply to Only the Initial Service of Process.