Association of American Law Schools
 
Program
 

Conference on Civil Procedure:
The Many Faces of Contemporary Civil Procedure
June 17–20, 2003
New York, New York

  

Conference Program


Tuesday, June 17, 2003

5:00–8:00 p.m.

Registration

5:30–7:00 p.m.
AALS Reception


Wednesday, June 18, 2003

8:30–8:45 a.m.
Welcome

Carl C. Monk, AALS Executive Director

Introduction
Richard L. Marcus, University of California, Hastings, Chair, Planning Committee for 2003 AALS Conference on Civil Procedure

8:45–10:45 a.m.
Putting Procedure in Perspective

Rule Making/Congressional Issues
Stephen B. Burbank, University of Pennsylvania

Historical Perspective
Lewis A. Grossman, American University

Comparative
Geoffrey C. Hazard, Jr., University of Pennsylvania

Critical
Judith Resnik, Yale Law School

Moderator: Mary Kay Kane, University of California, Hastings

In this session we will look at procedure historically, critically, comparatively and questions of power.

10:45–11:00 a.m.
Refreshment Break

11:00 a.m. –12:30 p.m.
Small Group Discussions
Perspectives, Including Ways of Integrating Them Into First Year Course

12:30–2:00 p.m.
AALS Sponsored Luncheon for Conferences on Civil Procedure and Torts

Edward R. Becker, Chief Judge, U.S. Court of Appeals, Third Circuit, Philadelphia, Pennsylvania

2:15–4:15 p.m.
Joint Session for Conferences on Civil Procedure and Torts

Mass Tort Settlements after Amchem and Ortiz

Howard M. Erichson, Seton Hall University
Deborah R. Hensler, Stanford Law School
Richard Allen Nagareda, Vanderbilt University
Patrick Woolley, The University of Texas

The Supreme Court has cast a strongly skeptical eye on mass tort litigation that attempts to resolve simultaneously the rights of present and future claimants. Nonetheless, as new mass torts continue to emerge, and as Congress continues to decline to intervene, the pressure to attain such settlements at the trial court level remains intense. What options for mass resolution are still available under the Court's decisions? How aggressive a role should courts play in scrutinizing settlements? What does the future hold for the judicial resolution of mass torts? How do rules governing aggregate settlement affect the resolution of non-class group action?

4:15–4:30 p.m.
Refreshment Break

4:30–5:30 p.m.
Small Group Discussions: Bringing Varying Perspectives to Bear on the Handling of Mass Torts Litigation

 


Thursday, June 19, 2003

Morning Theme: Contemporary Perspectives on Foundational Topics

9:00–10:30 a.m.
Erie and Personal Jurisdiction

Wendy Collins Perdue, Georgetown University
Edward A. Purcell, Jr., New York Law School
Martin H. Redish, Northwestern University
Allan R. Stein, Rutgers University, Camden

Moderator: Mark Niles, American University

10:30–10:45 a.m.
Refreshment Break

10:45 a.m.–12:30 p.m.
The Many Faces of Pleading: Describing, Discouraging and Disposing

Pleadings and Literature
Anthony Victor Alfieri, University of Miami

PSLRA
Hillary A. Sale, University of Iowa

Pleadings: Why Do We Do It Differently? Does It Make Sense?
C. Keith Wingate, University of California, Hastings

International
Margaret Y.K. Woo, Northeastern University

Moderator: Anna Williams Shavers, University of Nebraska

12:45–2:15 p.m.
AALS Sponsored Luncheon for Conferences on Civil Procedure and Torts

Kenneth R. Feinberg, Esq., The Feinberg Group, Washington, D.C.

2:15–3:30 p.m.
Shaking the Foundation: Escaping Civil Procedure?

Carrie J. Menkel-Meadow, Georgetown University
Jean R. Sternlight, University of Missouri-Columbia
Elizabeth Snow Stong, Willkie Farr & Gallagher, New York, New York

Moderator: Stephen N. Subrin, Northeastern University

3:30–3:45 p.m.
Refreshment Break

3:45–5:15 p.m.
Concurrent Sessions on Infusing Theoretical and Other "Perspectives" In the Classroom

"Old Wine in New Bottles"
Michael Patrick Allen, Stetson University-Innovative Personal Jurisdiction
   Curriculum: Using the Group Project
Paul Schiff Berman, University of Connecticut-Personal Jurisdiction and the
   Internet: Introducing Students to the Theoretical Basis for Jurisdictional
   Rules
Allan Ides, Loyola Law School, Los Angeles-Teaching Erie

Theoretical Perspectives I
Robert G. Bone, Boston University-Teaching Theory Through the Rules and
    the Cases: Law-and-Economics and Rights-Based Approaches
Elizabeth M. Schneider, Brooklyn Law School-Gender And Summary
   Judgment
Kathleen Waits, The University of Tulsa-Repeat Player-One Shotter
   Analysis: Power Dynamics and Civil Litigation

Theoretical Perspectives II (Race and Indian Law)
Barbara Ann Atwood, The University of Arizona-Using Tribal Court
   Judgments to Teach Preclusion
Kevin R. Johnson, University of California at Davis, and George A. Martinez,
   Southern Methodist University-Race and Civil Procedure
Robert J. Miller, Lewis and Clark Law School-Incorporating American
   Indian Tribal Courts and Law into Civil Procedure

State Civil Procedure
Roger W. Kirst, University of Nebraska-Teaching and Learning from State
   Procedure
Jeffrey A. Parness, Northern Illinois University-Using State Civil Procedure
    Laws to Teach Federal Civil Procedure
William Slomanson, Thomas Jefferson School of Law-State Practice Elective:
    Fusing the Symbiotic Relationship Between Doctrine, Skills Courses, and
    Accreditation

Alternative Dispute Resolution
Michael Z. Green, Florida Coastal School of Law-Using Employment
   Discrimination Claims to Compare ADR to Federal Litigation in the Civil
   Procedure Course
Homer C. La Rue, Howard University-Introducing Students to ADR in the
   First-Year Civil Procedure Course: The Case of Jacobs v. Moyoland
   (Tina & Tom)

International
Linda J. Silberman, New York University-Consideration of Civil Procedure
   Issues in the International Context

5:15–7:00 p.m.
AALS Reception

 


Friday, June 20, 2003

9:00–11:00 a.m.
Joint Session for Conferences on Civil Procedure and Torts

The Discovery Wars: Combat on the Products Liability Front

Defense Lawyer
Sheila L. Birnbaum, Esq., Skadden, Arps, Slate, Meagher & Flom, New York, New York

Ethics
John Leubsdorf, Rutgers University, Newark

Tort Issues and Punitive Recoveries for Failure to Produce Documents
Anthony J. Sebok, Brooklyn Law School

Law & Economics
George B. Shepherd, Emory University

Plaintiff Lawyer
Martha K. Wivell, Esq., Robins, Kaplan, Miller & Ciresi, Minneapolis, Minnesota

Moderator: Richard L. Marcus, University of California, Hastings

11:00–11:15 a.m.
Refreshment Break

11:15 a.m.–12:30 p.m.
Concurrent Sessions on Innovative Teaching Approaches

First Year Curriculum
Facilitator: Mary Kay Kane, University of California, Hastings

Many schools have responded to the urge to add new subjects to the first-year curriculum by reducing the time for civil procedure; the "standard" two-semester, six-hour course has disappeared in many places. One consequence of this development has been that teachers must make hard choices about what they can cover in the time they have available. Another issue is the growing need for upper-division coverage of topics formerly taught in the introductory course. This breakout session will promote sharing of experiences and insights about how teachers have handled these coverage problems.

Upper Class Curriculum
Facilitator: Stephen B. Burbank, University of Pennsylvania

William B. Rubenstein, University of California at Los Angeles - "Teaching Complex Litigation by the Case Study Method"

The question what procedure courses to offer after the introductory first-year course has been answered in different ways. Many courses fit into the general category of upper-division procedural offerings. For example, many schools have classes in complex litigation, conflicts of law, international litigation, and various DR offerings. As first-year civil procedure courses are cut to make way for other curricular offerings, these upper division courses may assume greater importance. This breakout session will invite discussion and sharing of experiences on the array of upper division courses now being offered in some schools, and consideration of others that have yet to see the light of day.

Use of Visual and Electronic Materials
Debra Lyn Bassett, Michigan State University-Civil Procedure and Popular
   Culture: Using Film in Civil Procedure Classes
Christopher Fairman, The Ohio State University-Powerpoint and Personal
   Jurisdiction
Alfred R. Light, St. Thomas University-Web-Enhanced Civil Procedure
   in the First Year

Case Studies/Skills
Marilyn Joan Berger, Seattle University-Lessons from Woburn Videotape:
    Teaching the Rules of Procedure by Storytelling
Stan Cox, New England School of Law-The Bulworth Take on Teaching
   Civil Procedure
Nancy S. Marder, Chicago-Kent College of Law-Learning by Doing:
   The Power of Drafting Exercises

12:30–2:00 p.m.
AALS Conference on Civil Procedure Luncheon

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