text:
|Brand Name
|Item Weight
|4 ounces
|Product Dimensions
|11 x 9 x 0.2 inches
|Item model number
|Material Type
|Tab Material
|Total Recycled Content Percentage
|Post-Consumer Recycled Content Percentage
|Number of Items
|Manufacturer Part Number
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Avery Index Maker White Dividers, 8-Tab, Laser/Ink Jet, 3-Hole, Letter Size (8.5 x 11), Clear, 8 per Set (11417 )
|$3.99 & FREE Shipping on orders over $49. Details
- Enter your model number to make sure this fits.
- Clear labels virtually disappear on white tab so only printing gets noticed.
- Three-hole punched for use in standard ring binders.
- Print labels using a laser or inkjet printer for a professional-looking index.
- Set of 8 Dividers
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Product Description
From the Manufacturer
Easy-to-Customize Dividers
Just Design, Print, Stick and Peel
Get your projects done quickly and easily, with professional results, using Avery Index Maker Dividers. The Easy Apply label strip lets you label all your divider tabs at once. And the clear labels virtually disappear when applied to the tabs, so your personalized text and graphics pop, making referencing easy.
Do you need to make multiple binder sets for a conference, business meeting or seminar? Or are you putting together a recipe binder or emergency manual for use at home? With Avery Index Maker Dividers it's never been easier to correlate your binders, and making last-minute changes to projects is a breeze.
Simple to Design and Print
Whether you're a design novice or an expert, the free easy-to-use templates and designs from Avery help you personalize your tabs in minutes. Just go to the Avery website, enter your product number and get started.
- Consultants—Strategy documents, presentations, proposals
- Financial Services—Taxes, portfolios, proposals, reports, business plans
- Education and Healthcare—Grants, reference materials, archives
- Human Resources and Government Agencies—Training manuals, employee handbooks, quarterly reports
- Realtors—Appraisals, listing proposals, mortgage documents
- Legal Offices—Case documents, client information
- Households—Tax documents, budgets, insurance policies, bills, medical records
4 Simple Steps to Custom Dividers
Just enter your product number at avery.com/print. Choose a blank or pre-designed template and the number of sets you need. You can easily add different images and content on each tab on the right or left side.
Preview your template for errors and save your template to your MyAvery account or to your hard drive for future use. Adjust printer settings to optimize your print quality. Make sure to run a test print on a plain sheet of paper.
Simply peel a strip of printed labels from the label sheet. Align the printed label strip on the divider tabs. Using your finger, firmly press down from left to right to adhere the labels.
Gently lift the Easy Apply strip while guiding each label onto the tabs and as you peel it away and you'll have perfectly aligned divider tabs.
Free Avery Design & Print
Design online with your PC or Mac—no download required.
Avery makes it easy for you to customize and print your divider tabs from almost any computer or tablet. Just enter your product number, select a template, personalize and print. It's that easy. Go to avery website to get started.
|White Tabs
|Color Tabs
|Clear Pocket
|White Tabs for Copiers
|Index Maker Styles
|Bright white tabs for a clean, professional look
|Call out sections with color tabs for faster referencing
|Durable clear or colored plastic
|Sturdy, clear pocket on front of divider
|Easily photocopy tab titles onto the label sheet
|Made from Forest Stewardship Council-certified paper
|Made from sturdy, post-consumer recycled paper
|Add style to your presentations and projects
|Ideal for frequent use
|Perfect for colorful section titles or handouts
|Bright white tabs for a clean, professional look
|Paper and packaging are processed chlorine-free
|Available in solid or multicolor sets
|Made from sturdy, post-consumer recycled paper
|Packaging uses vegetable-based inks
|Index Maker
|Ready Index
|Avery Divider Type
|Ideal for
|Presentations, Proposals, Formal Meetings
|Presentations, Proposals, Formal Meetings
|Presentations, Proposals, Formal Meetings
|Presentations, Proposals, Formal Meetings
|Daily Projects, Reference
|Daily Projects, Reference
|InkJet/Laser Customizable
|Tab Type
|Print directly on tabs and divider pages
|Clear tab labels
|Pre-printed tabs + printable Table of Contents page
|Pre-printed tabs
|Writeable/erasable tabs
|Paper tab inserts
|Tab Styles
|5-tab; 8-tab
|3-tab; 5-tab; 8-tab; 12-tab
|1-5; 1-8; 1-10; 1-12; 1-15; 1-16; 1-24; 1-31; 1-32; A-Z; Jan-Dec
|1-31; A-Z; Jan-Dec
|5-tab; 8-tab
|5-tab; 8-tab
|Paper; Plastic
|Paper; Plastic
|Paper; Plastic
|Paper; Plastic
|Paper; Plastic
|Pockets Available
|8-1/2 x 11
|8-1/2 x 11; 5-1/2 x 8-1/2
|8-1/2 x 11; 11 x 17
|8-1/2 x 11; 5-1/2 x 8-1/2
|8-1/2 x 11; 5-1/2 x 8-1/2; 11 x 17
|8-1/2 x 11; 5-1/2 x 8-1/2; 11 x 17
Compare to Similar Items
This item: Avery Index Maker White Dividers, 8-Tab, Laser/Ink Jet, 3-Hole, Letter Size (8.5 x 11), Clear, 8 per Set (11417 )
|Customer Rating
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|FREE Shipping
|FREE Shipping
|Sold By
|0.2 inches x 11 inches x 9 inches
|11 inches x 0.4 inches x 9 inches
|11.8 inches x 2.3 inches x 9.4 inches
|11 inches x 0.2 inches x 9 inches
|Item Weight
|0.34 pounds
|0.89 pounds
|5.99 pounds
|1.1 pounds
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Customer Reviews
Top Customer Reviews
Steps for these divider labels are detailed nicely on the package:
1. Find the template
2. Fill it out with the headers you want
3. Set printer to labels (a step I didn't do as I couldn't find a way to change it on either of my printers, I was offered paper, photo paper, or envelopes only)
4. Print
5. Stack dividers evenly
6. Apply divider label strip to all eight dividers at the same time and press down
7. Peel away red strip, leaving only the individual label on each divider
The hardest part of using these labels was knowing which way to put the label sheet. One my laser jet, the paper had to be face up, but on my MFC inkjet, the paper had to be face down. Either way, once I figured it out (printing on the wrong side at first) the labels printed out. I was a little worried as the printing seemed low to me, but once I lined them up with the stack of eight dividers and applied them, they were in the ideal spot.
With a college and a high schooler who both need binders in many of their courses, these printer labels are a quick, affordable way to label dividers appropriately. The only downfall is that the index maker set comes with a sheet of 10 label strips and another sheet of individual labels in long rows. There are only eight dividers, however, so extras do have to be purchased separately.
LOTS OF LABELS: There is a sheet of 10 easy-apply strips with 8 tabs that coincide perfectly with the 8 tab dividers. SO you can create 10 different sets of tabs with this one sheet.
Then, there is another sheet in a different style (if you prefer) where they have another 80 tabs.
ATTRACTIVE: The non-glare stickers remove and adhere easily and are barely noticeable, leaving a professional looking finish.
PRICE: for the price, the quality is very good. They have sturdy reinforced tabs and sturdy reinforced strips along the punched holes, but the rest is just thick paper. With the abuse my children inflict on their binders, I don't think the paper version would hold up for real long. But for a professional presentation, these would be great! I would knock a star off for that quality but for all you get, I think they're very reasonably priced.
VERSATILE: There are 3 options from Avery on how to print the labels. MS word template, the Avery Design & Print Online and Avery Wizard, which uses MS Word but makes it easier.
I would definitely use these for presentations and short term use. And I can use the extra labels on a set of 8-tab Vinyl Dividers for my daughter who would demolish these. (She's already demolished her binder after 1 semester.)
But I can remember being able to feed an Avery number into Word and print offline, and I miss that. To use the Avery template, you need to be online on their website.
Overall, though, these are easy to customize, easy to print. They look good in the notebook--being laser printed, they are crisp and professional looking.
The price is good (at the moment) for a serious project or for an entire term in school. Quality: these hold up well to many flips. Also they do not tear out of the 3-rings quickly.
Good product to make a project look better. The 8-tab allows for a large concept: these went into the 2-inch business practices binder, with tabs for each major section.
To apply the label strip at once all you need to do is lay the five dividers on a flat surface, align your labels and peel the strip. Easy-Peasy. If you want to print one label at a time you can do that too with the provided templates. The kit includes 80 single print labels. 10 strips of 5 labels. 5 heavy stock dividers.
Once you open the Avery web site you will choose template number 11417. This is a wonderful free source of fonts, graphics and colors to make your labels one of a kind. I've always been impressed with Avery labels but more so with their vast resources and templates to let you print all your label needs like a pro.
I used the Index Maker on the Avery website to make these. It was ridiculously easy and you have SO MANY options on customization! Plus, the pack comes with the potential of 5 different sets of labels (10 rows, but 5 sets if you do front and back), so if you want to change the tabs, you can do so easily!
They printed perfectly, but did take a little bit of work to make sure they were lined up properly. You can't just whip off the edge once you have them lined up, but a slow peel was all I needed to quickly label the tabs for my binder dividers.
Love this and will definitely be getting more in the future!
Customer Images
Most Recent Customer Reviews
Easy to use, design labels and print them for use on folders. Peels off easily too. Will use again in the future.Published 14 months ago by silhouette_of_enchantment
Wow! What a great idea! So easy and it's done before you know it.Published 17 months ago by Karen E. Koch
Included in the Avery Index Maker package is one set of eight dividers and two sheets of labels. One sheet is laid out in strips so that when printed, all labels can be applied at... Read morePublished 17 months ago by Leslie
These are some of the better customizable tabs out there. The software is easy to use and the finish is excellent. Read morePublished 17 months ago by Amazon Customer
These index labels worked perfectly for creating a binder to use in my classroom. The software to fill our the labels was easy to install, and the labels went through my printer... Read morePublished 17 months ago by Emily Volenec
These were perfect to help organize the sections in my binders. I feel like it's a million times easier to find the section I'm looking for. Read morePublished 17 months ago by Jasmyn9
The dividers themselves feel durable and sturdy. The tabs are reinforced. The only real downside I have seen is that the labels must all be printed at the same time (they don't... Read morePublished 17 months ago by Sarah B.
Avery makes some of the best printable products. These dividers works great. They are compatible with all three,whole rings. These are easy to use. Read morePublished 17 months ago by michael alexander
I like the clear labels for printing on to put on dividing tabs. It looks a little confusing with the blue parts on it but in the end it is going to be clear. Read morePublished 17 months ago by Trouble


text:
Storm Team 3 Forecast
Very hot and humid weather Saturday! Temperatures slowly lower Sunday into early/middle next week as rain chances go up.
Sponsored by:
Very hot and humid weather Saturday! Temperatures slowly lower Sunday into early/middle next week as rain chances go up.
Skyler Woolard, a strength coach, also recommended getting plenty of protein and also carbs, which he added helps to retain water in the bod…
10-year-old Greta wants to know where's the wettest place on Earth?
Police say 14 dogs died after air conditioning failed in the truck they were housed in for a dog show in northern Indiana.
Meteorologist Lee Haywood explains.
Smoke from huge L.A. wildfire reaches Las Vegas.
Lightning can be beautiful, but deadly.
Three hikers were reportedly struck by lightning today on an Arizona mountaintop.
When you get hot, your metabolism speeds up and your body temperature rises, causing your body to work harder to keep you feeling comfortabl…
The flooding is blamed on at least one death.
The 2016 Atlantic hurricane season officially kicked off on June 1st, and it began with a record start. Already, there have been three named…
Preparation is the KEY… this means having a basic emergency supply kit.
Because hurricanes are a significant threat to our area… it is vitally important you know the difference between a watch and a warning.
The CDC recommends making hydration your first priority.
The powerful typhoon roared off the coast of the Philippines on Thursday.
Bad conditions in the region are making it impossible to use the robot submersible needed to explore hidden canyons on the sea bed, Australi…
Parts of the area got as much as 1½ inches of rain and hail in a short time Thursday afternoon,
Trent, 9 years old, wants to know if a person can get struck by lightning more than once?
For the second time in Utah in two days, a small child has been rescued from a hot car.
Death toll rises to 25 as crews search for missing after West Virginia floods.
Severe weather hits Midwest — and more is on the way.
by Elizabeth Chuck (NBC NEWS) A searing heat wave is fueling at least a dozen wildfires across the West and has killed at least six people, …
Responders are working in Bloomingdale, including Highway 80W, to clear streets from storm damage according to Chatham EMA. Please stay off …

subset: commoncrawl


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Self is staying
Good news for KU basketball fans today as KU head coach Bill Self makes his intentions known for next year. 6Sports reporter Andrew Baker joins us live in the News Center with details.
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CMBMMGS7/702502004000000_MEDIA_SET true
MIDI Solutions 2-input MIDI MergerProduct #702502 MIDI Solutions 702502 CMB MIDI Interfaces https://www.esnapw.com/rses/ESnapServlet?MerchantNumberSent=63655
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text:
The Annual
Calvex Ride 2016
The Annual
Calvex Ride 2016
It's a huge day! Celebrate two birthdays, AND ride the old Crockett-Martinez course. Whew!
Saturday, June 25, 2016
Leave at 8:30 from Domingo Peet's in Berkeley. OR leave Casa Calvin at 9:00. 7609 Errol Dr. El Cerrito
Rides: Out to Crocket Martinez course with a stop for talk, snack and coffee at Port Costa's century old hotel. The 'A' ride will most likely do part of the old race course along Franklin Canyon and past the start/finish line, and down McKuen Road. Back over Pig Farm Hill and back side of Berkeley Hills course. 55-60 miles.
The 'B' ride will be shorter 30-45 depending on who shows up and limiting factors such as lack of fitness or excessive age.
Food and tall tales back at 7609 Errol into the afternoon, bring favorite food and drink.
RSVP to firstname.lastname@example.com
Please patronize our friends
and supporters:
Taliah Lempert BicyclePaintings
Black Mountain Bicycles, Pt. Reyes Station
Mike Neel Coaching, Etna, Calif.
David Perry's Bike Works, New York
Peter Johnson Machine
Swell Bicycles in San Francisco
Winning Wheels Bicycles, Pacific Grove
Iron Springs Pub & Brewery
Mailing List: Please keep us updated with
your contact info. Get on Facebook and stay in touch.
Contact: ThomasaurusRex
Our little friends are growing up!
It's time to celebrate 116 years of Calvin Haystack Trampleasure and Alex Fritata Osborne


text:
Visit our other Wisconsin Historical Society websites!
Refine or narrow your results by clicking any term in the gray boxes below.
Expand your results by removing any breadcrumb in a gray outlined box above. Click on the blue "X" to remove the term.
Narrow your results by entering a keyword into the search box above. Then click the "Search Within" checkbox, then click on the orange "Search" button.
If you did not find what you are looking for or you did not get any results, try changing your search term(s). See our Search Help page for more tips.
Date: 1925 ca.
Description: Alice Hotz Apfelbach, right, and her younger sister Margaret Hotz pose in front of a picket fence along a dirt lane which is now Highway 42. Behind the fe...
Date: 1912
Description: View looking west from the Hotz property on Fish Creek Beach. The Thorp bathhouse is on the left, with the Welcker bathhouses beyond. There are houses an...
Date: 1922-04
Description: The photographer's wife Clothilde leans on a railing, looking at water rushing through a stone culvert on Fish Creek. Their car is parked on the roadway. A...
Date: 1960 ca.
Description: A postcard view of the 180-foot high Eagle Bluff. The bluff received its name from the eagles which formerly nested there.
Date: date unknown
Description: Elevated view of Shanty Bay at Peninsula State Park, established in 1910.
Date: 1931-5-23
County: Door
City: Fish Creek
Description: Aerial view of Peninsula Park, with the Lake Michigan shoreline in the background.
Description: View of the 180-foot high Eagle Bluff. The bluff received its name from the eagles which formerly nested there.
Date: 1920
Description: Trees are reflected in shallow water in the wetlands in Fish Creek Valley near the Thorp and Vorous farms in spring. The tower and other buildings of the H...
Date: 1930-12-05
Description: View of Eagles Cliff at Peninsula State Park, established in 1910.
Date: 1931-5-29
Description: The totem pole has a carved wooden bear clinging to the top. The totem pole was erected in 1927 in honor of the aboriginal inhabitants of Wisconsin. Potawa...
Date: 1918 ca.
Description: Ferdinand Hotz poses wearing snowshoes at his cottage in Fish Creek, now 4108 Main Street. There is a large snowdrift in the foreground.
Description: Winter scene looking east on Main Street (Highway 42), with wooden commercial buildings on both sides of the street. The building on the left, 4168 Main St...
Date: 1914
Description: View from below a bluff, through evergreens and birch trees, looking up at the Hotz Fish Creek compound. The stone garage and tower are on the left.
Date: 1915 ca.
Description: Birch and other trees frame the view of a distant house and barn with poplars behind, lining the road (now Highway 42) at Fish Creek.
Description: Elevated view, looking north, from the Hotz family compound near the bluff entrance to Fish Creek. Evergreens and bare birch trees stand in the foreground,...
Date: 1910 ca.
Description: View of the steps leading to Eagle Cave on Eagle Bluff. The bluff received its name from the eagles which formerly nested there.
Description: A footbridge crossing Fish Creek into Peninsula Stat Park.
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text:
9 Days of Learning About Engineered Advantages
By Michaela Seika-Oracle on Abr 12, 2016
Welcome to "9 days of Engineered Advantages", a comprehensive educational program for partners that will explore the unique differentiators of Oracle's infrastructure portfolio for Cloud Solutions.
We'll provide focused content to help you better understand how Oracle's products – architected from apps to storage by a single engineering team – are optimized for critical workloads, and deliver the best value proposition in the market. There are incredible opportunities today for every partner to grow their Oracle business and to increase revenue with new and existing customers.
Give just 15 minutes a day and we'll arm you with the essential knowledge and proven Engineered Systems sales plays to address customers toughest questions, increase your deal size and drive more hardware opportunities into your pipeline.
As a first welcome for today you can watch a short video why you should partner with Oracle and leverage Engineered System Advantages for Cloud Solutions to grow your business.
Register now to start your 9 days learning about Engineered Advantages. After registration you will receive an overview of 9 days of Engineered Advantages to grow your Oracle business and increase the revenue opportunity with new and existing customers.


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I have been using Amazon CloudFront for a while now as a cache and edge location for my css, js, image files. I am now thinking about using it for hosting all of my static html files as well. In essence my www.example.com and example.com will be hosted via CloudFront and I will use a separate tomcat server at my.example.com for all the dynamic stuff.
Any feedback about this? Suggestions?


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|Message view
|« Date » · « Thread »
|« Date » · « Thread »
|Michael Dürig <mdue...@apache.org>
|Re: [Jackrabbit Wiki] Update of "Jsop" by MichaelDürig
|Mon, 07 Nov 2011 19:24:19 GMT
>> The intended use is not only for HTTP calls but rather also for HTTP replies. In the case of a HTTP reply carrying a change log, how would you distinguish setProperty from adProperty? I.e. generate the correct JCR observation events from that change log? > > Right. I wonder, why this would be of interest ? (and yes I know that there is a PROPERTY_ADDED and a PROPERTY_CHANGED event type in observation, but ...) Well we might want to support the JCR spec with Jackrabbit. That's what its all about I guess. Michael
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text: Share It MainStoriesRussia Celebrates First Ever 2014 European Judo Tournament Russia Celebrates First Ever 2014 European Judo Tournament Yulia | Mar 04, 2014 | Europe Eurasia: Russia For the first time ever we celebrated a Special Olympics European Judo Tournament which took place in St Petersburg from February 23 - 27. 135 athletes from 13 countries from Europe & Eurasia participated, including athletes from Costa-Rica and 7 regions of Russia. More athletes competed in the inaugural tournament than the number of athletes who competed in judo at the 2011 World Games in Athens. The could not have been possible without the support of technical delegates and referees from Belgium, Greece, Ireland and Sweden. Such was the success that organisers and sponsors promise this will be a regular annual tournament. About Me:I work with Special Olympics Russia. Read More Stories Making a Difference in India and NepalDavid HircockThank You, Special Olympics LouisianaJude and Paula BernardAgreement in Italy Will Boost Inclusion and RespectMaureen RabbittBelgium Athlete Addresses Experts at European ForumMartha Jo BraycichMy Coaches Were There For MeCarla SimonBond Between Student and Coach Transforms Life of Special Olympics Swimmer at YMCACarolyn GessnerIn Malta, a Proud Mother Shares Her StoryNatasha MicallefAn "Awesome" Secret: The Universal Power of Unified SportsDavid EvangelistaA Unified Gathering Like No OtherNoha Gaballa"We all need to work together and respect each other to be successful"Maureen RabbittMore Schools in the UK want to Play UnifiedMaureen RabbittDo You Have A Story to Share?Share Your Story More Stories


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Nov. 19, 2013
Head coach Joanne Boyle
Opening Statement
"I am just excited to get out of here with the win. This was really a barnburner. I am happy that the team down the stretch made up for missed boxed-outs and such. I was really proud of our defense early in the game. They were a little tired at the end, but I thought we really forced Liberty into making a lot of mistakes. We were thinking too much on the offensive end. We were worried about what defense they were in. We weren't taking in-rhythm shots. They got us back on our heels and then they did a great job on the boards."
On Liberty's size advantage
"We were concerned about that, but there is also a little bit of a trade-off. I think we were down seven at the half on the boards, and that would have been acceptable, but you can't push that to go down 17. A lot of those were late. They were off missed free throw box outs. They got three or four chances there. That hurt us. But I am glad we got the stop and to get out of here with the win."
Senior Guard Ataira Franklin
On her strategy on the final possession
"My strategy was to be aggressive and get fouled. At that point in the game, the refs started calling it tight in the end. It was just trying to get something by going to the basket."
On her mindset going to the line for the second free throw attempt after missing the first in a tie game
"You just have to be in the moment. I had to forget about that first shot and focus on what I had next because it was a potential game-winner. The game was on the line, so I just really had to focus in."
Freshman forward Sydney Umeri
On rebounding and boxing out against the bigger Liberty players
"Rebounding and boxing out has not been my strength recently. Them being taller did not exactly help, but I did what I could to help my team."
On what was working for her, offensively, in the first half
"Scoring-wise, I think my teammates put me in a good position to score. On that out-of-bounds play, Kelsey told me to, instead of running the play, to fake and go inside to the ball. And it worked."
UVA Athletics Information
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Incoming recruit Dominique Toussaint will participate in the 2016 USA Basketball Women's U18...
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Even in rough terrain, you can grow your career in human resources.
SHRM members may adapt and use these sample interview questions to fit their company policies, practices and culture.
A one-year, all-access pass to the SHRM eLearning library features 500+ courses on a variety of HR topics to support your development.
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Dollar-for-Dollar Is Now Most Common 401(k) Match
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Employers Boost 401(k) Match Contributions, Relax Eligibility Rules
IBM Adopts End-of-Year Matching Payment
Employers Offering 401(k) Match Are Back
401(k) Match: 'Thresholds' Drive Participation More than Rates
Educate on 401(k) Contribution Limits and Matches
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Most Big Employers Auto Enroll, Restore 401(k) Match
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Suspend the 401(k) Match? Issues to Weigh, Pitfalls to Avoid
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Most Workers Underestimate Employer's Health Costs, but value 401(k) Matches
Matching Contributions Boost Participation; Mixed Effect on Contribution Rate
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Engineering firm completes property sales
31st December 2012
TEDD Engineering has bought two units at the Holmewood Industrial Park for £760,000.
Suon Industrials has sold the properties, covering 16,831 sq ft, in a deal negotiationed by hlw Keeble Hawson and CBRE.
Richard Smith, partner at ......for the full story register now for free or login below...
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Apprenticeship programme hails success
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6 career experts to follow on Twitter
26/07/2016Bethan Tolley
Drax hit by power prices and change in support for renewables
26/07/2016Clare Burnett
Slow growth at big four grocers but Morrisons puts on best performance since January
26/07/2016Clare Burnett
Professionals: Law firm completes £30m in corporate deals; takeover at healthtech firm; and more
26/07/2016Rachel Covill
Leeds Digital Job Fair returns bigger and better
26/07/2016Clare Burnett
Super League hopeful hit by winding up petition
25/07/2016Clare Burnett
Finance provider pledges post-Brexit support to SMEs as loan book exceeds £100m
25/07/2016Rachel Covill
Why having a 2:1 degree can be better than a 1st
22/07/2016Stephanie Balloo
25 acres ready to go at advanced manufacturing park
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30 manufacturing jobs created following grant boost
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Motivation and leadership consultancy takes off with major contracts
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Bolt manufacturer targets growth with £1.1m funding boost
25/07/2016Rachel Covill
5 CV hacks to get you hired
07/07/2016Stephanie Balloo
Motor business drives into new site as growth plans speed ahead
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Record turnover sees agency invest in new HQ
25/07/2016Rachel Covill
Manufacturers assets sold off following administration
25/07/2016Clare Burnett
Splendid deal for hotel group with plans to invest £1.5m
25/07/2016Clare Burnett
4 ways to build relationships with colleagues
19/07/2016Stephanie Balloo
Corporate banking and an international focus for Gateley following first post-IPO results
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Historic Yorkshire mill drives ahead with £300,000 car park investment
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Positive picture on profits for Northern firms
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Chambers set to merge to boost specialisms
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How youre wasting time at work
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Employment minefields follow Brexit decision
Monday Interview: "Tech North has never been needed more than now," says new chief executive
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Agency hatches growth plans with Leeds Dock move
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1. Remove some filters or zoom out
2. Save this search to get a heads up when new homes hit the market.
Popular homes in Fort Smith
Fort Smith Real Estate Insights
By analyzing real estate information on millions of homes in Arkansas and nationwide as well as helping you understand hyper-local Fort Smith real estate trends, Trulia helps make your home search easy and enjoyable.
Refine your real estate search in Fort Smith, AR by price, number of bedrooms, bathrooms, property type (including townhomes, condominiums and single-family homes) , and more. Use our interactive Fort Smith home price map to view real estate activity across Fort Smith ZIP codes and in other cities nearby Fort Smith. See local real estate trends, and compare your home to recently sold homes in Fort Smith and to similar homes for sale in Fort Smith, . View our Fort Smith real estate guide to see average listing prices, sale prices and information for local school districts. Join Fort Smith, community to get in touch with Fort Smith real estate agents, real estate brokers and other real estate sellers and buyers. Compare Fort Smith mortgages from multiple lenders and mortgage brokers to finance your home purchase. Not ready to buy yet? Find and compare Fort Smith Apartments for rent.


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Lung Cancer and Diet and Nutrition
Katrina Claghorn, MS, RD
Last Modified: December 2, 2001
What would you recommend for a lung cancer patient, taking chemotherapy as far as diet and nutrition are concerned? Can diet and nutrition contribute to improvement?
Katrina Claghorn, MS, RD, registered dietitian at the Abramson Cancer Center of the University of Pennsylvania, responds:
The goal during chemotherapy is to eat as well as possible. We would encourage a healthy diet that includes plenty of protein, fruits, vegetables and whole grains. However, tolerating this perfect diet while getting chemotherapy may be difficult. During cancer treatment our focus shifts to ensuring the patient is getting enough calories to prevent weight loss, enough protein to maintain the body's protein stores and adequate fluid to prevent dehydration. Maintaining your nutrition status during treatment will provide you with more energy and help you respond to treatment better.
You might ask your physician to refer you to a dietitian, or nurse who is specialized in nutrition, who can work with you during your treatment and help adjust your diet should you experience side effects or weight changes.
Take the right person with you to medical appointmentsby Bob Riter
January 29, 2016
3 Great Reasons To Have Gratitude On Your Cancer Teamby Marlys Johnson
July 25, 2016


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Rick & Tom
Arizona State OL Becomes First Openly Gay College Football Player
BY: John Mamola
In the wake of Michael Sam becoming the first openly gay man to play in the NFL, college football is beginning to break down the barriers of homosexuality in collegiate sports. Wednesday evening, Arizona State senior offensive lineman Edward Sarafin has told Phoenix-based Compete Magazine that he is gay, making him the first active Division I football player to come out.
Sarafin said that he revealed his sexual orientation to his teammates nonchalantly last spring. Arizona coach Todd Graham and athletic director Ray Anderson issued statements of support for Sarafin on Wednesday.
"The entire athletics department is extremely proud of Chip and is unequivocally supportive of him," Vice President of University Athletics Ray Anderson said. "His undergraduate degree in biomedical engineering, his pursuit of a master's in the same field, his research involving football-related concussions, and his heavy involvement in the community with both youth sports in Arizona and the Tillman Scholars embodies all the characteristics that sets our student-athletes apart and allows our university to maintain an environment of inclusiveness and progression."
"We are a brotherhood that is not defined by cultural and personal differences, but rather an individual's commitment to the Sun Devil Way," head coach Todd Graham said. "Chip is a fifth-year senior and a Scholar Baller, a graduate and a master's student. His commitment to service is unmatched and it is clear he is on his way to leading a successful life after his playing career, a goal that I have for every student-athlete. Diversity and acceptance are two of the pillars of our program, and he has full support from his teammates and the coaching staff."
Congratulations Chip Sarafin for having the courage to be yourself. Wishing you and your teammates much success this season. #courage2014— Michael Sam (@MichaelSamNFL) August 13, 2014
"The entire athletics department is extremely proud of Chip and is unequivocally supportive of him" @SunDevilRay23 http://t.co/SUmDThsnvL
— Sun Devil Athletics (@TheSunDevils) August 13, 2014


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Film critic Curt Holman has written insightful reviews of both The Future Is Unwritten (opening today, Nov. 9, at Landmark Midtown Art Cinema) and Glastonbury. I recently got a chance to interview Temple (The Filth and the Fury) and discuss his latest work and the challenge of making a compelling rock biography.
Also, feel free to check out my review of Pat Gilbert's excellent Clash bio, Passion Is a Fashion: The Real Story of the Clash, while I was at Gambit Weekly in New Orleans.
Note: This really is just a snippet of a 25-minute interview. Send your comments if you'd like to hear more. Be glad to edit up another, extended version for you Clash fans. Also, just for the record, for a man who's pretty much a legend unto himself, Temple's incredibly accessible and engaging and didn't seem to snicker too loudly when I confessed to being a Clash fan. (Talk about your Chris Farley moments.)


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Monday, May 2, 2016
CFP: AALS Section on Civil Procedure
AALS Section on Civil Procedure Call for Papers – 2017 AALS Annual Meeting
The AALS Section on Civil Procedure invites papers for its program on "The Roberts Court and the Federal Rules of Civil Procedure" at the AALS Annual Meeting, on January 3-7, 2017 in San Francisco. The selected paper will be presented on Thursday, January 5, and the panel will be held from 8.30AM to 10.15AM.
This panel discussion will address jurisprudential developments related to the Federal Rules of Civil Procedure under the Roberts Court. The topics will include judicial interpretation of the rules, recurrent doctrinal themes within the rules, recent and proposed amendments to the rules, and the rule making process.
Full-time faculty members of AALS member law schools are eligible to submit papers. Pursuant to AALS rules, faculty at fee-paid law schools, foreign faculty, adjunct and visiting faculty (without a full-time position at an AALS member law school), graduate students, fellows, and non-law school faculty are not eligible to submit. Please note that all faculty members presenting at the program are responsible for paying their own annual meeting registration fee and travel expenses.
One paper will be selected for presentation at the AALS annual meeting. There is no formal requirement as to the form or length of proposals. However, more complete drafts will be given priority over abstracts, and the presenter is expected to have a draft for commentators one month prior to the beginning of the AALS conference.
The paper will be selected by the Section's Executive Committee. Please submit only anonymous papers by redacting from the submission the author's name and any references to the identity of the author. The title of the email submission should read: "Submission – 2017 AALS Section on Civil Procedure."
Please email submissions to the Section Chair Simona Grossi, Professor of Law at: firstname.lastname@example.com on or before August 19, 2016.
May 2, 2016 in Conferences/Symposia | Permalink | Comments (0)
Thursday, April 21, 2016
Second Annual Civil Procedure Workshop: Seattle, Washington (July 14-15)
If you're planning to attend the Second Annual Civil Procedure Workshop, you can register here. You'll also find information about lodging, including a block of rooms that need to be reserved by June 14, 2016.
Questions? Contact Liz Porter, Dave Marcus, or Brooke Coleman.
Looking forward to seeing folks in Seattle.
April 21, 2016 in Conferences/Symposia | Permalink | Comments (0)
Wednesday, March 30, 2016
Now on JOTWELL: Thomas on Coleman on Efficiency
Today on the Courts Law section of JOTWELL is Suja Thomas' essay, Redefining Efficiency In Civil Procedure. Suja reviews Brooke Coleman's recent article, The Efficiency Norm, 56 B.C. L. Rev. 1777 (2015).
March 30, 2016 in Federal Rules of Civil Procedure, Recent Scholarship, Weblogs | Permalink | Comments (1)
Tuesday, March 29, 2016
The Rise and Fall of Plausibility Pleading?
My latest article, The Rise and Fall of Plausibility Pleading?, has just been published in the Vanderbilt Law Review. It builds on some of my earlier work on pleading (here and here), focusing on the Supreme Court's post-Iqbal decisions on pleading standards (e.g., Johnson v. City of Shelby; Wood v. Moss; Matrixx Initiatives, Inc. v. Siracusano). Here's the abstract:
The Supreme Court's 2007 decision in Bell Atlantic Corp. v. Twombly and its 2009 decision in Ashcroft v. Iqbal unleashed a torrent of scholarly reaction. Commentators charged these decisions with adopting a new pleading regime, "plausibility pleading," that upended the notice-pleading approach that had long prevailed in federal court. Whether a complaint could survive a motion to dismiss — it was argued — now depends on whether the court found the complaint plausible, allowing courts to second-guess a complaint's allegations without any opportunity for discovery or consideration of actual evidence. Lower courts began to cite Twombly and Iqbal at a remarkably high rate, and empirical work revealed their effect on both dismissal rates and litigant behavior.
Although Twombly and Iqbal were troubling on many levels, the rise of a newly restrictive form of plausibility pleading was not inevitable. There was — and still is — a path forward that would retain the notice-pleading approach set forth in the text of the Federal Rules themselves and confirmed by pre-Twombly case law. This Article describes this reading of Twombly and Iqbal, and explains how more recent Supreme Court pleading decisions are consistent with this understanding. It is crucial, however, that these post-Iqbal decisions and the approach to pleading they reflect receive the same attention that accompanied Twombly, Iqbal, and the rise of plausibility pleading. Otherwise the narrative that Twombly and Iqbal compel a more restrictive pleading standard may become further entrenched, compounding the adverse effects of those problematic decisions.
March 29, 2016 in Adam Steinman, Federal Courts, Federal Rules of Civil Procedure, Recent Decisions, Recent Scholarship, Supreme Court Cases, Twombly/Iqbal | Permalink | Comments (0)
Friday, March 25, 2016
SCOTUS Decision in Tyson Foods v. Bouaphakeo: Another Important Case on Class Actions
This week the Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo, covered here, here, and here. Tyson Foods is one of several important class action cases on the Court's docket this Term—and the second one decided so far. Like Campbell-Ewald back in January, the Tyson Foods decision is generally good news for proponents of class actions. By a 6-2 vote, the Court upheld class certification under Rule 23(b)(3).
Justice Kennedy wrote the majority opinion, joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, and Kagan. Chief Justice Roberts wrote a separate concurring opinion, which was joined in part by Justice Alito. Justice Thomas wrote a dissenting opinion, which Justice Alito joined. All the opinions are worth a read, but below are a few highlights from Justice Kennedy's majority opinion.
First, Justice Kennedy emphasized that the presence of some individualized issues is not fatal to Rule 23(b)(3)'s predominance requirement:
The predominance inquiry "asks whether the common, aggregation-enabling, issues in the case are more prevalent or important than the non-common, aggregation-defeating, individual issues." [2 W. Rubenstein, Newberg on Class Actions], §4:49, at 195–196. When "one or more of the central issues in the action are common to the class and can be said to predominate, the action may be considered proper under Rule 23(b)(3) even though other important matters will have to be tried separately, such as damages or some affirmative defenses peculiar to some individual class members." 7AA C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure §1778, pp. 123–124 (3d ed. 2005) (footnotes omitted).
Justice Kennedy also provided some important guidance on the Supreme Court's 2011 Wal-Mart decision, clarifying that "Wal-Mart does not stand for the broad proposition that a representative sample is an impermissible means of establishing class-wide liability." He recognized the practical reality that "[i]n many cases, a representative sample is 'the only practicable means to collect and present relevant data' establishing a defendant's liability. Manual of Complex Litigation §11.493, p. 102 (4th ed. 2004)." And:
In a case where representative evidence is relevant in proving a plaintiff's individual claim, that evidence cannot be deemed improper merely because the claim is brought on behalf of a class. To so hold would ignore the Rules Enabling Act's pellucid instruction that use of the class device cannot "abridge . . . any substantive right." 28 U. S. C. §2072(b).
The Court ultimately did not resolve the second question in Tyson Foods, which was originally framed as "whether a class may be certified if it contains 'members who were not injured and have no legal right to any damages.'" After noting that Tyson Foods had "reframe[d] this argument" in its merits brief, Justice Kennedy declined to address it "because the damages award has not yet been disbursed, nor does the record indicate how it will be disbursed." The Court therefore remanded the case, recognizing that Tyson Foods "may raise a challenge to the proposed method of allocation when the case returns to the District Court for disbursal of the award." In his final paragraph of analysis, however, Justice Kennedy noted that the potential for "uninjured class members" to recover from the class judgment appeared to be a problem "of [Tyson Foods'] own making," because Tyson Foods had argued against having bifurcated liability and damages proceedings.
For additional coverage, check out:
- Perry Cooper (Bloomberg)
- Lyle Denniston (SCOTUSblog)
- Alexandra Lahav (Mass Tort Litigation Blog)
- Adam Liptak (New York Times)
March 25, 2016 in Class Actions, Federal Courts, Federal Rules of Civil Procedure, Recent Decisions, Supreme Court Cases | Permalink | Comments (0)
Monday, March 21, 2016
Morley on De Facto Class Actions
Michael Morley (Barry) has posted De Facto Class Actions? Injunctive Relief in Election Law, Voting Rights, and Other Constitutional Cases to SSRN.
When a court holds that a legal provision is unconstitutional; inconsistent with, or preempted by, federal law; or invalid under an agency's organic statute or a framework statute such as the Administrative Procedures Act, the court must decide whether to grant injunctive relief and, if so, how broad that relief should be. In particular, the court must decide whether to issue a Plaintiff-Oriented Injunction or a Defendant-Oriented Injunction. A Plaintiff-Oriented Injunction bars the government defendants from enforcing the challenged provision only against the plaintiffs in the case or affected members of plaintiff organizations. A Defendant-Oriented Injunction, in contrast, completely bars the government defendant from enforcing the challenged provision against anyone in the state or nation.
Many courts tend to award Defendant-Oriented Injunctions in election law and voting rights cases, even when they are not brought as class actions, without recognizing or addressing most of the pertinent issues that choice implicates. Individual plaintiffs typically lack Article III standing to seek relief protecting the rights of third parties not before the court. And such third parties may neither fall within the court's personal jurisdiction nor wish to challenge the provision at issue. Defendant-Oriented Injunctions in non-class cases also raise asymmetric preclusion concerns, undermine the policy considerations underlying Rule 23, and allow trial courts to enforce their rulings beyond the geographic limits of their jurisdiction.
This Article presents a new framework for determining the proper scope of injunctive relief in election law, voting rights, and other constitutional cases. First the court should assess whether granting the requested relief solely to the individual plaintiffs would create unconstitutional disparities concerning fundamental rights in violation of Equal Protection principles, although this seldom, if ever, should be the case. Second, after confirming that limiting relief solely to the individual plaintiffs would be constitutional, the court should then determine whether such a Plaintiff-Oriented Injunction would be proper under the challenged statute or regulation itself by applying traditional severability principles. If the challenged provision can be applied coherently, and the entity that enacted the provision still would have intended for it to be enforced, even with the plaintiffs excluded from its scope, then a Plaintiff-Oriented Injunction would be the proper remedy. Otherwise, a Defendant-Oriented Injunction is required.
This Article further contends that, when plaintiffs file a non-class case seeking to enjoin a legal provision, the court should determine at the outset whether a Plaintiff- or Defendant-Oriented Injunction would be necessary if the plaintiffs prevail. If a Defendant-Oriented Injunction would be required, the court should order that the case proceed as a Rule 23(b)(2) class action so that all right holders who stand to benefit from a favorable ruling are included as class members. Conducting such an analysis at the outset of the case eliminates most of the concerns implicated by Defendant-Oriented Injunctions.
March 21, 2016 | Permalink | Comments (0)
Judge Merrick Garland was "a repeat moderator for Federalist Society events"
If you have been gnashing your teeth over Senate Republicans' stated refusal to vote on the nomination of Judge Merrick Garland to the Supreme Court, here is some information that may make you feel a little better.
- Judge Garland was a member of the Judicial Conference of the United States, which voted to approve the amendments to the FRCP that took effect on Dec. 1, 2015. (I and many others have described those amendments as "anti-plaintiff.")
- I cannot discover if Judge Garland actually is or has been a member of the conservative Federalist Society, but he has numerous links to the Society:
- He listed in the "Experts" link of the website of the Federalist Society. (It should be noted that the website states that a person's listing on the Experts page does not imply any "endorsement or relationship between the person and the Federalist Society.")
- Judge Garland moderated a panel called "Changing the Federal Rules of Civil Procedure: Has the Time Come?" on Dec. 9, 2010 hosted by the Federalist Society at the National Press Club in Washington, D.C. One of the panelists argued that discovery costs should routinely be shifted to the party requesting the discovery (something that defense interests have lobbied for ever since, with partial success in the amendment to Rule 26(c)(1)(B)). Another panelist argued that Rule 4(b), allowing a subpoena to issue against a defendant without a preliminary hearing, is unconstitutional. A third panelist described Twombly and Iqbal as "perfectly sensible cases." Of course, merely by moderating the panel, Judge Garland cannot be understood to be endorsing any of these views.
- By my count, Judge Garland has also moderated about ten other panels hosted by The Federalist Society. See, e.g., here and here. In fact, at the panel on the FRCP described above, the person who introduced Judge Garland as the moderator said to him, "You are a repeat moderator for Federalist Society events."
President Obama's political calculation in nominating Judge Garland may be even shrewder than anyone's given him credit for.
March 21, 2016 in Current Affairs | Permalink | Comments (1)
Friday, March 18, 2016
Lammon on Appellate Jurisdiction
Bryan Lammon (Toledo) has posted Dizzying Gillespie: The Exaggerated Death of the Balancing Approach and the Inescapable Allure of Discretion in Appellate Jurisdiction to SSRN.
In Gillespie v. U.S. Steel Corp., the Supreme Court appeared to endorse a balancing approach to federal appellate jurisdiction, whereby courts could weigh the costs and benefits of an interlocutory appeal in any case. But the Court soon disavowed the balancing approach and today eschews case-by-case determinations of appellate jurisdiction. The common perception, then, is that Gillespie and the balancing approach are dead. But the balancing approach persists in the Courts of Appeals. In a variety of contexts, these courts have relied on the balancing approach to hear appeals. They've constructed doctrines based on the balancing approach. And they engage in case-by-case balancing in determining their jurisdiction. Contrary to popular belief, the balancing approach is alive and well in the Courts of Appeals.
The balancing approach's persistence — seemingly in direct defiance of the Supreme Court's mandate — suggests that appellate judges cannot resist wielding some discretion when defining their jurisdiction. This allure of discretion poses a challenge to the primary goal of the literature on interlocutory appeals: reform. If reform is to happen, it will likely take the form of categorical rules. But if what the balancing approach's persistence suggests is true — if appellate judges cannot completely forego using discretion in defining their jurisdiction — that threatens to undermine the certainty, predictability, and ease of application of any rules that reform might develop. I thus propose a largely novel approach to interlocutory appeal reform: a combination of categorical rules and a discretionary catchall.
March 18, 2016 in Recent Scholarship | Permalink | Comments (0)
Seiner on Class Actions in the Technology Sector
Joe Seiner has posted on SSRN a draft of his essay, Tailoring Class Actions to the On-Demand Economy, which will be published in the Ohio State Law Journal. Here's the abstract:
In O'Connor v. Uber, 2015 WL 5138097 (N.D. Cal. Sept. 1, 2015), a federal district court permitted a class-action case to proceed on the question of whether 160,000 drivers were misclassified by their employer as independent contractors rather than employees. The case has garnered widespread interest, making headlines across the country. Yet it represents only one of many class-action cases currently pending against technology companies in the modern economy. Indeed, similar systemic claims have already been brought against Yelp, GrubHub, Handy, Crowdflower, Amazon, and many others.
The courts have largely floundered in their efforts to address the proper scope of class cases brought against corporations in the on-demand economy. This is likely the result of a lack of clarity in this area as well as the unique fact patterns that often arise with technology-sector claims. Nothing has been written on this issue in the academic literature to date, and this paper seeks to fill that void in the scholarship.
Navigating the statutes, case law, and procedural rules, this Essay proposes a workable five-part framework for analyzing systemic claims brought in the technology sector. This paper sets forth a model for the courts and litigants to follow when evaluating the proper scope of these cases. The Essay seeks to spark a dialogue on this important — yet unexplored — area of the law.
March 18, 2016 in Class Actions, Recent Scholarship, Web/Tech | Permalink | Comments (0)
Thursday, March 17, 2016
SCOTUS Decision on Diversity Jurisdiction: Americold Realty Trust v. ConAgra Foods
There's a lot of attention right now on President Obama's nomination of Merrick Garland to the U.S. Supreme Court. But I wanted to quickly flag last week's unanimous decision on diversity jurisdiction. Justice Sotomayor's opinion in Americold Realty Trust v. ConAgra Foods, Inc. begins:
This case asks how to determine the citizenship of a "real estate investment trust," an inanimate creature of Maryland law. We answer: While humans and corporations can assert their own citizenship, other entities take the citizenship of their members.
The Court reaffirmed the "oft-repeated rule" that unincorporated entities take on the citizenship of all of their members (citing Carden v. Arkoma Associates, 494 U. S. 185 (1990)), and held that the "members" of this sort of Maryland-law entity included all of its shareholders:
In Maryland, a real estate investment trust is an "unincorporated business trust or association" in which property is held and managed "for the benefit and profit of any person who may become a shareholder." Md. Corp. & Assns. Code Ann. §§8–101(c), 8–102 (2014). As with joint-stock companies or partnerships, shareholders have "ownership interests" and votes in the trust by virtue of their "shares of beneficial interest." §§8–704(b)(5), 8–101(d). These shareholders appear to be in the same position as the shareholders of a joint-stock company or the partners of a limited partnership—both of whom we viewed as members of their relevant entities. See Carden, 494 U. S., at 192–196; see also §8–705(a) (linking the term "beneficial interests" with "membership interests" and "partnership interests"). We therefore conclude that for purposes of diversity jurisdiction, Americold's members include its shareholders.
Justice Sotomayor concluded by recognizing—but rejecting—the argument that the citizenship of an unincorporated entity should be determined the same way as a corporation:
We also decline an amicus' invitation to apply the same rule to an unincorporated entity that applies to a corporation—namely, to consider it a citizen only of its State of establishment and its principal place of business. See Brief for National Association of Real Estate Investment Trusts 11–21. When we last examined the "doctrinal wall" between corporate and unincorporated entities in 1990, we saw no reason to tear it down. Carden, 494 U. S., at 190. Then as now we reaffirm that it is up to Congress if it wishes to incorporate other entities into 28 U. S. C. §1332(c)'s special jurisdictional rule.
March 17, 2016 in Federal Courts, Recent Decisions, Subject Matter Jurisdiction, Supreme Court Cases | Permalink | Comments (0)
The Donald Trump Final Exam Generator
People clearly have very strong feelings about Donald Trump and his candidacy for President. His supporters like that he tells it how it is, and his detractors like that he is exposing the Republican Party for what it really is.
But, really. Both sides are missing a yuge upside to The Donald's campaign: This guy is generating law school final exam fact patterns like nobody's business.
Teach contracts? Maybe you want to test whether a court would enforce a promise to pay the legal fees of a rally attendee who roughs up a protester. Or maybe you just want a good old-fashioned fraud question.
Teach federal courts? Maybe you want to test whether the Secret Service can be sued for assaulting a journalist at a Trump rally.
Teach con law? Maybe you want to test the free speech rights of protesters vs. rally attendees.
Teach crim law? Maybe you want to test whether Trump could go to jail for inciting a riot. Bonus con law!
Teach property? It's all takings, all the time.
But maybe you don't want an exam full of issue spotters. No problem: I have some nice policy issues for you:
Teach civ pro? Discuss Donald Trump's claim that he doesn't settle lawsuits because he always wins in court.
Teach torts? Discuss Donald Trump's plan to sue everyone for libel. All the time. More bonus con law!
Yes, The Donald pretty much has the whole first year covered. He's practically teaching across the curriculum.
I haven't even started in the bonanza that he's given us for some upper level courses, like the obvious Election Law, Immigration Law, and International Trade issues. Perhaps that will have to be for another post...
March 17, 2016 | Permalink | Comments (0)
Wednesday, March 2, 2016
Grossi on The Claim Prism
Simona Grossi (Loyola Los Angeles) has posted The Claim Prism to SSRN.
The years 1848 and 1938 were landmark years in the history of American procedural law. The first marked the advent of code pleading, and the second introduced the Federal Rules of Civil Procedure. Both developments were a product of reform movements that addressed what the reformers believed to be a procedural crisis generated by the inefficacy of the procedural system under attack. The goal was to create a system of procedure that was both efficient and instrumental to the vindication of substantive rights. In part, each crisis reflected a tension between formalism—the need for rules—and pragmatism—the need for flexibility. Hence, the early codes offered a code-based system that was structured but significantly less so than the common law system it replaced. The Federal Rules aimed to do the same in response to the codes. The difficulty facing both sets of reformers was that their respective tasks of reform required the imposition of rules and at the same time required a pragmatic but principled approach to applying those rules. It seems though that a rule-based system eventually drifts toward the rules and away from pragmatism. Thus, at some point the rules of code pleading came to dominate the instrumental goals of that system. The same appears to be happening with the law of federal courts, including both the Federal Rules and doctrinal procedural law beyond those rules. I believe we are now in the midst of a procedural crisis, but it is not one that requires a new set of rules. Rather it is one that requires a readjustment of the way we think about the current rules and doctrines. This article invites a rethinking of the law of federal courts, including both the rules and the doctrines. It invites a return to the principles that originally animated the Federal Rules, and to the idea of natural lawyering and judging that inspired Charles Clark. The article builds upon the idea of a convenient litigation unit as central to the dispute resolution mission of federal courts, that is, saying what the law is, adhering to the rule of law, and enforcing the checks and balances of our constitutional system.
March 2, 2016 | Permalink | Comments (0)
Tuesday, February 23, 2016
Dodson on Opt-In Class Actions
Scott Dodson (Hastings) has posted An Opt-In Option for Class Actions
February 23, 2016 in Class Actions, Recent Scholarship | Permalink | Comments (0)
Monday, February 22, 2016
House to Consider "Fraudulent Joinder Prevention Act" This Week
The House of Representatives is to consider the so-called Fraudulent Joinder Prevention Act of 2016, H.R. 3624. this week. The bill provides:
Section 1447 of title 28, United States Code, is amended by adding at the end the following:
February 22, 2016 in Federal Courts, Subject Matter Jurisdiction | Permalink | Comments (0)
Friday, February 19, 2016
Nash on Summary Judgment's Standard of Review
Jonathan Remy Nash (Emory) has posted Unearthing Summary Judgment's Concealed Standard of Review to SSRN.
February 19, 2016 | Permalink | Comments (0)
Monday, February 15, 2016
Macfarlane on Staff Attorney Adjudication of Prisoner Claims
Katherine Macfarlane (University of Idaho College of Law) has posted on SSRN a draft of her article "Shadow Judges: Staff Attorney Adjudication of Prisoner Claims."
Prisoners bring over twenty percent of the civil cases filed in federal district courts, predominantly seeking redress for violations of their civil rights, or release from prison under habeas corpus. Because most prisoners (around 93%) proceed pro se in their federal civil litigation, they are already at a disadvantage. The deck is stacked against prisoner plaintiffs in other systemic ways. Local rules, general orders, and even district courts' job postings suggest that when a plaintiff is a pro se prisoner, the plaintiff is denied an Article III judge. Judicial tasks that must be performed in prisoners' cases, from administration to adjudication, are delegated to non-judicial staff. As a result, in the very same court, prisoners' cases are decided by a court employee who works as part of the court's "pro se staff," while all other plaintiffs get an Article III judge (or at least a magistrate judge, if they consent). The Supreme Court's 2015 Wellness International Network v. Sharif decision drew attention to delegation of Article III claims to non-Article III judges in the bankruptcy realm. There, the Court rigorously considered the impact of the structural error caused by delegation to judges who do not enjoy fixed salaries or life tenure. But delegation of the judicial power in the prisoner litigation context is still hiding in plain sight.
This article is the first to investigate the scope of the delegation to pro se staff and to consider the separation of powers concerns caused by delegation of the judicial power to pro se staff. It argues that local procedure has enabled the delegation, and that it has gone too far. Local procedure crafts rules for prisoner litigation that conflict with federal law, effectively denying access to an Article III judge. When federal courts overreach in this manner, their rulemaking exceeds the limited rulemaking authority Congress has delegated to the judiciary. This local procedure also violates federal policy, which generally disfavors allowing non-judicial actors to perform judicial tasks.
This article concludes with recommendations about how to solve the delegation problem. The strongest solution would be to eliminate the local procedure in question, and the pro se staff it creates. Congress would be required to address the issue directly and nationwide by creating, or not, additional procedure for prisoner litigation. A more moderate approach would publicize the identity of pro se staff as well as the nature of the work the staff undertakes. Pro se staff would come out of the shadows and into public view.
February 15, 2016 in Federal Courts, Recent Scholarship | Permalink | Comments (0)
Thursday, February 11, 2016
Morley on Injunctive Relief and De Facto Class Actions
Michael Morley has posted on SSRN a draft of his article, De Facto Class Actions? Injunctive Relief in Election Law, Voting Rights, and Other Constitutional Cases. Here's the abstract:
When a court holds that a legal provision is unconstitutional; inconsistent with, or preempted by, federal law; or invalid under an agency's organic statute or a framework statute such as the Administrative Procedures Act, the court must decide whether to grant injunctive relief and, if so, how broad that relief should be. In particular, the court must decide whether to issue a Plaintiff-Oriented Injunction or a Defendant-Oriented Injunction. A Plaintiff-Oriented Injunction bars the government defendants from enforcing the challenged provision only against the plaintiffs in the case or affected members of plaintiff organizations. A Defendant-Oriented Injunction, in contrast, completely bars the government defendant from enforcing the challenged provision against anyone in the state or nation.
Many courts tend to award Defendant-Oriented Injunctions in election law and voting rights cases, even when they are not brought as class actions, without recognizing or addressing most of the pertinent issues that choice implicates. Individual plaintiffs typically lack Article III standing to seek relief protecting the rights of third parties not before the court. And such third parties may neither fall within the court's personal jurisdiction nor wish to challenge the provision at issue. Defendant-Oriented Injunctions in non-class cases also raise asymmetric preclusion concerns, undermine the policy considerations underlying Rule 23, and allow trial courts to enforce their rulings beyond the geographic limits of their jurisdiction.
February 11, 2016 in Class Actions, Recent Scholarship | Permalink | Comments (0)
Tuesday, February 9, 2016
Choi and Pritchard on SEC Investigations and Securities Class Actions
A new article by Professors Stephen J. Choi and A.C. Pritchard, SEC Investigations and Securities Class Actions: An Empirical Comparison, has been published in the Journal of Empirical Legal Studies.
Using actions with both an SEC investigation and a class action as our baseline, we compare the targeting of SEC-only investigations with class-action-only lawsuits. Looking at measures of information asymmetry, we find that investors in the market perceive greater information asymmetry following the public announcement of the underlying violation for class-action-only lawsuits compared with SEC-only investigations. Turning to sanctions, we find that the incidence of top officer resignation is greater for class-action-only lawsuits relative to SEC-only investigations. Our findings are consistent with the private enforcement targeting disclosure violations at least as precisely as (if not more so than) SEC enforcement.
February 9, 2016 in Class Actions, Recent Scholarship | Permalink | Comments (0)
Palmer on Partisan Appointments to Special Courts and Panels
A new article, Does the Chief Justice Make Partisan Appointments to Special Courts and Panels?, by political science professor Maxwell Palmer (Boston University), has been published in the Journal of Empirical Legal Studies.
The Chief Justice of the Supreme Court has the exclusive and independent power to appoint federal judges to various special courts and panels, including the Foreign Intelligence Surveillance Court (FISC), the court that oversees all domestic surveillance for national security, including domestic data collection by the National Security Agency (NSA). This article examines the propensity of Chief Justices to appoint co-partisan judges to these panels. Such appointments may serve to produce decisions and policies that align with the Chief Justice's preferences. I use computational simulations to model the appointment decisions made by Chief Justices. I find that there is less than a 1 percent chance that a neutral Chief Justice would appoint as many Republicans to the FISC as have been appointed in the last 36 years. I further show that the Chief Justice is not selecting appointees on other observable judicial characteristics, such as age, experience, gender, senior status, or caseload. These results have important implications for the creation of judicial institutions, the internal politics of the judiciary, legislative delegation, and the powers and oversight of the national security state.
February 9, 2016 in Class Actions, Federal Courts, Recent Scholarship | Permalink | Comments (0)
Monday, February 8, 2016
Discovery Protocol Results in More Settlements, Fewer Motions to Compel
I don't know how I missed this when it came out, but better late than never. The Federal Judicial Center has published a brief empirical study of the pilot project on initial discovery protocols in employment cases. Emery G. Lee & Jason A. Cantone, Report on Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action (Oct. 2015).
One of the ideas floated at the 2010 conference on civil litigation held at Duke Law School was that pattern discovery (set forms) in particular case types might reduce discovery battles (and hence, "cost and delay"). Another, related idea expressed at the conference was that initial required disclosures under FRCP 26(a) were generally not helpful. The Advisory Committee did not officially pursue these ideas (in fact, it abolished all the forms following the FRCP). However, a group of plaintiffs' and defendants' attorneys experienced in employment cases negotiated and finalized discovery protocols for those cases that replace the standard initial disclosures. Judge John G. Koeltl and the Institute for the Advancement of the American Legal System (IAALS) facilitated the project.
The protocols cover only cases alleging adverse employment action. Certain cases are exempt from the protocols: class actions, and cases alleging only discrimination in hiring, harassment, or violations of FLSA, ADA, FMLA, or ERISA.
The protocols are posted on the FJC's website. About 75 federal district court judges have adopted the protocols, and the FJC has now studied their effect.
As described by the FJC:
The Protocols create a new category of information exchange, replacing initial disclosures with initial discovery specific to employment cases alleging adverse action. This discovery is provided automatically by both sides within 30 days of the defendant's responsive pleading or motion. While the parties' subsequent right to discovery under the F.R.C.P. is not affected, the amount and type of information initially exchanged ought to focus the disputed issues, streamline the discovery process, and minimize opportunities for gamesmanship. The Protocols are accompanied by a standing order for their implementation by individual judges in the pilot project, as well as a model protective order that the attorneys and the judge can use [as] a basis for discussion.
For example, among the many items the plaintiff is required to produce to the defendant are "diary, journal, and calendar entries maintained by the plaintiff concerning the factual allegations or claims at issue in this lawsuit," and "the plaintiff's current resume(s)." Among the many items the defendant is required to produce to the plaintiff are "the plaintiff's personnel file, in any form, maintained by the defendant, including files concerning the plaintiff maintained by the plaintiff's supervisor(s), manager(s), or the defendant's human resources representative(s), irrespective of the relevant time period" and "the plaintiff's performance evaluations and formal discipline."
So now to the FJC's study of the effect of the pilot project. The FJC constructed a sample of 477 cases in the pilot program and a comparison sample (random and nationwide) of 672 recently-terminated cases alleging employment discrimination not in the pilot program. Here are some of the results. Please note that I constructed the table below based on the text in the FJC's report:
Pilot cases
p value
(if given)
Number of cases
Mean disposition time in days
Median disposition time in days
Case outcomes:
o Settlement
o Voluntary dismissal (which could include
settlement, but not clear from docket)
o Dismissed on Rule 12 motion
o Resolved by summary judgment
o Trial
o Other (DWP, failure to exhaust)
Motions to dismiss filed
Motions for summary judgment filed
One or more discovery motions filed*
*Includes motions to compel and motions for protective order (apparently includes only contested, not stipulated, motions for protective order).
**Statistically significant.
Some of these findings are cause for celebration. There were significantly fewer discovery motions filed in the pilot cases. The pilot cases were more likely to result in settlement. The pilot cases were less frequently dismissed on motion or resolved by summary judgment. Fewer such motions were even filed in the pilot cases.
As for case disposition time, the FJC seems almost apologetic that pilot cases were resolved faster than, but not statistically significantly faster than, non-pilot cases, stating, "The pilot does not, in short, appear to have an appreciable effect on reducing delay." But whether pilot or non-pilot, these cases last about nine or ten months from filing to disposition. How much faster does anyone want? Having practiced law in the 1980s and 1990s (including in Illinois state courts), I'd like to suggest that this is a rocket docket. Once we account for the preliminary time periods allowed by the FRCP (up to 90 days to serve the complaint after filing and then up to 90 days to issue the scheduling order), and add a standard six months to complete discovery, that's what we get – nine or ten months. Where's the "delay"? (Not blaming the FJC for using this term: it's the mantra used by discovery "reformers.")
The FJC is, as always, careful to note the limitations of its study. First, judges are free to adopt or not adopt the protocols, so the pilot cases came from only ten districts, and 75% of the pilot cases were in Connecticut or the Southern District of New York. Second, because the initial disclosures were not usually docketed (and under FRCP 5, they would not be required to be), the FJC could not determine whether the parties "actually complied with the discovery protocols and exchanged the required initial disclosures." Finally, "this report makes no claim that the only factor differing between the pilot and comparison cases was the pattern discovery in the former," and "caution is warranted before concluding that the pilot program caused the above described differences between the pilot and comparison cases."
In my opinion, the pattern discovery approach should be pursued in more types of cases. Having experienced attorneys on both sides negotiate protocols to produce the types of documents and information repeatedly sought in discovery in a particular kind of case represents a far more sensible, concrete, and helpful approach to improving discovery than the adoption of a vague "proportionality" standard.
February 8, 2016 in Discovery, Federal Courts | Permalink | Comments (1)


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Green Dot Student Training is an opportunity for UNLV students to learn the skills they need to safely intervene in potentially violent situations. Through videos, group conversations, discussions, role plays, and...
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Def Jam's Ace Hood shows Denver Nugget love with "Overtime" remix
Denver Nuggets DJ and 107.1 FM mixmaster, DJ Bedz, pulled some strings with his colleagues at Def Jam Records to get an NBA Playoff anthem from artist Ace Hood for the Nuggets' playoff run. The track is called "Overtime" and features T-Pain and Akon. While it's already a radio hit nationwide, the Nuggets version has Ace Hood getting the fans hyped. Download the cut after the jump.
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Almost There
MercyMe$13.99Add Your ReviewAlmost There is state-of-the-art worship rock from MercyMe The band's debut album on a major label, the record highlights the band's original way with lyrics, rendering songs like "How Great is Your Love" and "Bless Me Indeed (Jabez's Song)" fresh and inspirational.Track Lis... Learn More
Past the Wishing
Sara Groves$11.99Add Your ReviewSince the release of Conversations in March of 2001, Sara Groves' unique artistry and poetic lyrics have been discovered by music lovers everywhere in songs like "The Word" and "How Is It Between Us?" If you've been wanting more of her music, your wish has been granted. In... Learn More
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17. Age 19
Justin's cornrows at 19 were, without discussion, his worst look to date.
Even Sisqó (whose head was SILVER) was like, WHAT THE FUCK IS THAT?
16. Early 21 (when he basically wore only fedoras)
Justin used to be really into fedoras. He was also into bucket hats. The combination never worked.
15. Without glasses 28
Something seems off.
14. With glasses 28
Better than without the glasses, but still, something doesn't seem right.
13. Age 18
The diamond studded earrings plagued Justin for years, but at 18, the '90s conglomeration was fairly scary.
Still, I'm not hating, it was kind of hot at times.
12. Early 24ish, when he wore this dumb hat for months
11. Age 26
Not into JT with a faux hawk. Not into most guys with faux hawks. Faux hawks are almost never a good idea.
His forehead looked a little strange then too. Also the giant neck beard.
10. Age 20
Carpets are not clothes.
He also wore leather chokers then.
9. Age 31
OK, what is the deal with the hair? Is it real or not? Did he straighten it? Never in his life has Justin had straight hair like this. NEVER. It's just too weird and hard to handle. Embrace a little curl, JT!
8. Pre–Britney breakup 21
7. Age 22
Twenty-two was a really grubby year for Justin. If you're into the white-trash look, then this was your year. Personally, I think it's pretty hot.
White-trash chic.
6. Age 27
This is kind of a weird scarf but he looks really hot so whatever.
5. Age 29
Mmmm, so down with Social Network JT.
"Oh, hello, Professor JT."
4. Age 30
Social Network awards season Justin. Unf. Also, cute points for taking his mom.
3. Age 23
I just feel like 23 was a really hot year for Justin. That is all.
2. Age 25
The "SexyBack" era. This is when Justin got really hot. Like, really hot.
Like…he's smokin'.
Borderline hot flashes right now.
Almost the death of me.
1. Post–Britney breakup 21
This is it. This is everything. This photo shoot kills me every time.
Dead in my grave.
Check out more articles on BuzzFeed.com!
- Hillary Clinton's campaign was reportedly hacked as part of what appears to be a broad cyber attack on Democrats.
- A federal court struck down North Carolina's voting restrictions, ruling they intentionally made it harder for black people to vote.
- Four people in Florida are likely the first to contract the Zika virus from mosquitos in the US, the state's governor says.


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ANAHEIM, Calif. -- When Mighty Ducks defenseman Scott Niedermayer works his magic on the ice, Jean-Sebastien Giguere has an excellent vantage point.
"Nothing comes easy in this game, but he just makes it look like it's easy and effortless. He's that good," the Anaheim goalie said Monday. "I wish I could be like that."
The 32-year-old Niedermayer said he simply tries to be efficient.
"Being in the right spot, not wasting energy. You can go out there and use a lot of energy and not accomplish what you want," he explained.
Niedermayer, the Norris Trophy winner as the NHL's top defenseman in 2003-04 in his final season with New Jersey, signed with Anaheim last summer and had 13 goals and 50 assists this season to help the Ducks make the playoffs.
A sensational play in the first period of Game 2 in Calgary showed why he's considered one of hockey's best. Niedermayer deftly flicked the puck away from the Flames' Matthew Lombardi in Anaheim's zone, raced down the ice on a 150-foot breakaway and beat goalie Miikka Kiprusoff.
The shorthanded goal gave the Ducks a 2-0 lead and they went on to a 4-3 victory Sunday to even the series 1-1 heading into Tuesday night's game in Anaheim.
Anaheim coach Randy Carlyle, himself a former Norris Trophy winner, was asked what makes Niedermayer special, and he grinned and said, "A long list of things."
Carlyle talked about some of those, including Niedermayer's conditioning and stamina, his sense of knowing where everyone is on the ice and the way he sets an example for the team.
"The one thing that surprises you the most, from my perspective as a former player, is his ability to be part of the offensive side of it, then to read and get back to be part of the defensive side of it," Carlyle said.
"He's almost like a rover at times. He has the ability to lead a rush, then be the first guy back to defend a puck that's turned over," he said.
Niedermayer played on three Stanley Cup champions in 12 seasons in New Jersey before leaving for Anaheim and joining his younger brother, Rob, a center for the Ducks.
Carlyle is obviously a big fan of Scott's.
"He just keeps going. He has the ability, cardiovascular-wise, where he can skate a two-minute shift and go sit on the bench for 15 or 20 seconds and he's right back out there," the coach said. "His ability to recover is something he takes pride in, and he works extremely hard at it."
Noting that on road trips, Niedermayer is usually among the first in the weight room, Carlyle said, "He has a routine that he likes to go through and he's found a way to keep himself fresh and prepared.
"Talk about creating an environment, bringing people in to put a positive spin and teach younger players, this is the way he perceives it has to be done and he lives it. So it's a great learning curve for our younger players," he said.
Niedermayer said: "I realize more that, as you get older, you have to work more."
Talking again about efficiency, he said, "Maybe I don't tire myself out as much as some guys might. I'm lucky that way. Then, most years I've played a certain amount of minutes and that's going to get you in shape. I come off a hard shift, and maybe 30 seconds later we have a power-play chance, I can shoot myself back out there."
Giguere said Niedermayer sets the tone for the team.
"He's the leader. Everywhere he's been, he's won. As a young team, if we're ever not sure where to go or how to play, we can just look at him and he'll show us the direction, that's for sure," Giguere said.
The goalie, who sat out Game 1 against Calgary because of an undisclosed injury then made 22 saves in the second game, said he feels fine and is ready for Game 3.
The fourth game is Thursday night in Anaheim.


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Recent Posts:
Hello, beauties! Welcome to #CourtChats. Each week on Snapchat I talk about beauty prodcuts, why I love them, how I use them etc. If you don't catch the snap within 24 hours they are always featured here, on my blog, with full reviews and links to the products I review.
Dior Ultra-Gloss
Omg y'all, I discovered these glosses while strolling Sephora today and fell in love! They're really glossy, super hydrating, have the perfect amount of pigmentation and aren't sticky AT ALL. Such a gem! I haven't tested their plump abilities yet, but I can defiantly keep you posted on that. I'm also a huge fan of the 'Addict' Lip Maximizer, so good. I used that one in my last tutorial, if you want to see it in action.
Pink shade – "Tell Me Dior"
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STARmeterSEE RANK
Down 1,420,755 this week
Vasiliy Mishchenko
Vasiliy Mishchenko was born on July 22, 1955 in Sholokhovskiy, Belaya Kalitva, Belokalitvinskiy rayon, Rostovskaya oblast, RSFSR, USSR as Vasiliy Konstantinovich Mishchenko. He is an actor and director, known for Spasatel (1980), Odin i bez oruzhiya (1984) and Duraki umirayut po pyatnitsam (1990). See full bio »


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