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Michael S. Green
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Hans Kelsen's Non-Reductive Positivism
For those interested in matters jurisprudential, I recently posted this paper on Hans Kelsen to SSRN. It came out two years ago in Torben Spaak & Patricia Mindus (eds.), Cambridge Companion to Legal Positivism 272-300 (Cambridge University Press 2021). Continue reading
Posted Jan 12, 2023 at Michael Green's CivPro Blog
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Extraterritorial effect of abortion laws
Got quoted in the Guardian. Yes, things are that bad. https://www.theguardian.com/us-news/2022/jul/23/texas-republican-lawmakers-legal-threats-abortions Continue reading
Posted Jul 24, 2022 at Michael Green's CivPro Blog
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My take on Cassirer v. Thyssen-Bornemisza Collection Foundation
I let this case slip under the radar but given that it falls so squarely within my Erie/conflicts interests, I thought I would briefly spell out how I think it should be analyzed. I just listened to the oral argument and looked at the briefs and this is my take.... Continue reading
Posted Feb 23, 2022 at Michael Green's CivPro Blog
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2nd (Hard) Multiple Choice from the Midterm Exam
2. In each of these cases the plaintiff brings suit against the defendant in federal court in New York. In which of these cases is the defendant’s motion to dismiss for lack of personal jurisdiction most likely to succeed? Do not assume the defendant has any contacts with New York... Continue reading
Posted Oct 14, 2017 at Michael Green's CivPro Blog
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Long Essay Question on Midterm with Model Answer
P (a domiciliary of Vermont) has brought a suit against the D1 Corp and D2 in the Federal District Court for the District of Vermont. P’s suit is for damages that she received from a defective toaster. The D1 Corp, incorporated in Massachusetts, owns and runs a chain of 100... Continue reading
Posted Oct 14, 2017 at Michael Green's CivPro Blog
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2nd Short Essay Question with Model Answer
Short Essay Question 2 (6 points) P (a citizen of New York) sues the D Corp (incorporated in Delaware with its principal place of business in Massachusetts) in federal court in New York. P’s lawyer gives the summons and complaint to the D Corp’s CEO while he is on a... Continue reading
Posted Oct 10, 2017 at Michael Green's CivPro Blog
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1st Short Essay Question on Midterm with Model Answer
Short Essay Question 1 [12 points] P1 (an American subject domiciled in New York) and P2 (a French subject domiciled in France) together wish to sue D1 (a French subject admitted for permanent residency in the United States and domiciled in New York) in federal court in California under French... Continue reading
Posted Oct 10, 2017 at Michael Green's CivPro Blog
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1st Multiple Choice Question on Midterm - with answer key
1. In each of these cases the plaintiff or plaintiffs bring suit against D in state court in New York. In which of these cases is D’s attempt to remove the case to federal court most likely to succeed? a. P (a French subject admitted for permanent residency in the... Continue reading
Posted Oct 10, 2017 at Michael Green's CivPro Blog
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Old CivPro Exam Questions with Answers
For those interested in old civ pro exam questions with answers, they are available here. I should warn you however that since around 2014 (and especially since 2016) I have not systematically updated the answers in the older posts to take into account changes in the law. As a result... Continue reading
Posted Sep 30, 2017 at Michael Green's CivPro Blog
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Getting the Mottleys into Federal District Court
After class, Allie Maples mention a scenario in which the Mottleys could have gotten into federal court in a way that satisfied the well pleaded complaint rule, by suing the United States under the Fifth Amendment. The last time this very creative idea was brought up was four years ago,... Continue reading
Posted Aug 30, 2017 at Michael Green's CivPro Blog
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Return of the Unprovided-For Case
This article is one salvo in a comprehensive attack on interest analysis - the dominant choice-of-law approach in the United States. It took a while to see the light of day, but it is finally coming out from the Georgia Law Review. Continue reading
Posted Aug 28, 2017 at Michael Green's CivPro Blog
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Conflict of Laws Grades...
...have now been posted. The fact that so many of those who choose to take this course are exceptional students always makes assigning grades within the confines of the mandatory curve a problem. My goal of keeping the number of lower grades to a minimum meant that I gave out... Continue reading
Posted May 10, 2017 at Michael Green's CivPro Blog
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Philosophy of Law Grades...
...have now been posted. A very good set of exams that made assigning grades within the confines of the mandatory curve very difficult. Continue reading
Posted May 10, 2017 at Michael Green's CivPro Blog
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Comity among Authorities
My review of Timothy Endicott's groundbreaking paper is finally up on Jotwell. It's about time philosophers started looking into the conflict of laws. Continue reading
Posted Apr 28, 2017 at Michael Green's CivPro Blog
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New Paper on Hart's Theory of Internal Legal Statements
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
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Erie Flowchart
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
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Waiving Twiqbal
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
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My Mother
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
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How to dismiss for failure to satisfy Twiqbal?
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
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Mullane and Translation
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
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New paper on Kelsen
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
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Alfred Hill
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
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The New Eliminativism
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
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New SSRN Post
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
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It's Done
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
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