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Michael S. Green
Recent Activity
I've just posted a paper on a problem with Hart's theory of internal legal statements that I don't think has been discussed before in the literature. Strictly for those jurisprudentially inclined. Continue reading
Posted Jan 18, 2017 at Michael Green's CivPro Blog
At the request of some students, I have posted what I think is an accurate flowchart for (what are commonly called) "Erie" cases. The flowchart includes links to more detailed discussion. Download Erie Flowchart Continue reading
Posted Dec 11, 2016 at Michael Green's CivPro Blog
This issue came up in the review session (I'm afraid I'm not quite sure who brought it up): When is a Twombly-Iqbal (Twiqbal) defense waived by failing to mention it in a timely fashion? Consider the following two scenarios. Scenario One: P sues D in federal court. D brings a... Continue reading
Posted Oct 18, 2016 at Michael Green's CivPro Blog
My mother died on Thursday. This is the obituary that the kids put together for the Santa Rosa Press Democrat: Loving and loyal mother, wife, sister, and friend, Karen Green Zimmerman died on Thursday, September 29 in Santa Rosa, due to complications from Lewy Body dementia. Karen was born in... Continue reading
Posted Oct 4, 2016 at Michael Green's CivPro Blog
Jackson Key pressed me on the following problem: Twiqbal pleading standards, the Court has now made clear, come from Fed. R. Civ. P. 8(a)(2) (in particular, the requirement of "showing that the pleader is entitled to relief"). But 8(a)(2) says nothing about dismissal for failure to satisfy these standards. Initially,... Continue reading
Posted Sep 13, 2016 at Michael Green's CivPro Blog
Amber Leasure-Earnhardt asked in the review session why Mullane's requirement of notice reasonably calculated to apprise the defendant of the pendency of the action would not require translation of the summons (and complaint?) into the defendant's language when one knows the defendant does not speak English. (After all, the known... Continue reading
Posted Sep 7, 2016 at Michael Green's CivPro Blog
I have a new paper on Anglophone misinterpretations of Hans Kelsen up on SSRN. I concentrate on Andrei Marmor's reading of Kelsen in his book Philosophy of Law (and in his article on the Pure Theory of Law in the Stanford Encyclopedia of Philosophy). Continue reading
Posted May 15, 2016 at Michael Green's CivPro Blog
I just found out that Alfred Hill, a professor of law at Columbia, died a few months ago. My initial exposure to Hill’s work on Erie was curious. In looking at current articles on the topic, I kept seeing citations to articles Hill wrote in the 1950s: State Procedural Law... Continue reading
Posted Feb 26, 2016 at Michael Green's CivPro Blog
Well, the sabbatical is over and it's time to start posting again. First up: I've posted a new review on Jotwell about Scott Hershovitz's YLJ essay "The End of Jurisprudence." Continue reading
Posted Jan 19, 2016 at Michael Green's CivPro Blog
I just posted an article on SSRN. It is yet another discussion of Scott Shapiro's planning theory of law, but I think I am able to say something about it that hasn't been said before. Continue reading
Posted Jan 30, 2015 at Michael Green's CivPro Blog
The grades for the 2014 CivPro class have been uploaded onto banner. A very solid set of exams. Congratulations. Continue reading
Posted Jan 5, 2015 at Michael Green's CivPro Blog
Here are the last old exam questions I will post for this semester for my civ pro class. They all have some Erie element to them. Continue reading
Posted Nov 21, 2014 at Michael Green's CivPro Blog
For this year's civpro class: Here are many essay and multiple choice questions and answers that are on material that we have covered up to this point. Note: recent SCt cases, such as Daimler may not be taken into account in the model answer. Many of these overlap with the... Continue reading
Posted Nov 19, 2014 at Michael Green's CivPro Blog
Just posted a new paper on SSRN. I argue for the following limit on states' power to regulate the procedure of federal courts: Their power cannot be vertical. They cannot direct their law solely to federal courts within their borders. This may not seem that significant, but it is surprising... Continue reading
Posted Nov 16, 2014 at Michael Green's CivPro Blog
Again for my current civ pro class. Here are more practice questions. Continue reading
Posted Nov 9, 2014 at Michael Green's CivPro Blog
This is for my current civ pro class. Here are many practice questions that you should be able to do now. Note that recent SCt cases, such as Daimler, may not be included in the model answers. Continue reading
Posted Nov 9, 2014 at Michael Green's CivPro Blog
The following is the long essay question from the midterm, plus the key I used for grading it: Essay Question. (42 points) D1 was born and raised in Madison, Wisconsin (in the Western District of Wisconsin). She also attended university in Madison, where she earned a chemistry degree. In 2000,... Continue reading
Posted Oct 27, 2014 at Michael Green's CivPro Blog
Here is the short essay question from the midterm with a model answer: Short Essay Question 1. Congress is considering passing a statute to protect abortion rights by allowing for the removal to federal district court of any civil case in state court the outcome of which would ride upon... Continue reading
Posted Oct 27, 2014 at Michael Green's CivPro Blog
Here is the answer key for the two multiple choice questions that were on the minterm: 1. Which of the following cases is least likely to have federal subject matter jurisdiction if brought in federal court? Assume that any relevant amount in controversy requirement is satisfied. a. P (a German... Continue reading
Posted Oct 23, 2014 at Michael Green's CivPro Blog
Here is an essay question from two years ago that my class should be able to do now. Continue reading
Posted Oct 21, 2014 at Michael Green's CivPro Blog
I'm not getting as many wonky questions by email these days (midterms...?) so I thought I would post some more highlights from past years' questions. Here is one from two years ago: Whenever a student prefaces a question with “This may be a simple question but…”, I know it’s not... Continue reading
Posted Oct 9, 2014 at Michael Green's CivPro Blog
A few years back, someone sent me the following article about someone suing God. http://www.foxnews.com/story/2007/09/17/nebraska-state-senator-sues-god-over-natural-disasters/ He asked what the proper forum would be. In the news article the suit was brought in Nebraska state court (which is a court of general subject matter jurisdiction). But how about a suit in... Continue reading
Posted Sep 24, 2014 at Michael Green's CivPro Blog
Last year I got the following question in an email: Do you know of a case that had a claim for monetary relief, but was successfully removed to federal court because the non-diverse defendant was the result of a fraudulent joinder? The reason he asked this question is that in... Continue reading
Posted Sep 18, 2014 at Michael Green's CivPro Blog
I have a new posting in Jotwell on an article Ronald Dworkin wrote on international law right before his death. Continue reading
Posted Sep 13, 2014 at Michael Green's CivPro Blog
In the review session, Shutao Zhang asked whether a federal court may dismiss an action, on its own motion, for failure to satisfy TwIqbal standards. They certainly have done so. E.g., Macronix Intern. Co., Ltd. v. Spansion Inc., 2014 WL 934505 (E.D. Va., March 10, 2014). Sua sponte dismissal makes... Continue reading
Posted Sep 13, 2014 at Michael Green's CivPro Blog