Touro Law professor Rodger D. Citron comments on a less-discussed aspect of retiring Justice Anthony Kennedy’s jurisprudence: civil procedure. As Citron explains, Justice Kennedy did not author many civil procedure opinions, but the ones he did write were decidedly pro-business—limiting access to courts, capping punitive damages, and restricting personal jurisdiction in a personal injury context.
Articles Tagged with Civil Procedure
Vikram David Amar, law professor and dean at Illinois Law, and Michael Schaps, a California civil litigation attorney, critique a recent decision by the U.S. Court of Appeals for the Ninth Circuit considering whether and when a government physician can take into account a patient’s race. Amar and Schaps argue that the court’s analysis is internally consistent and legally flawed, as well.