Browsing Law School by Author "Fitzpatrick, Brian T."

Now showing items 1-20 of 21

    • Can Michigan Universities Use Proxies for Race After the Ban on Racial Preferences? 
      Fitzpatrick, Brian T. (Michigan Journal of Race & Law, 2007)
      In 2003, the Supreme Court of the United States held that public universities - and the University of Michigan in particular - had a compelling reason to use race as one of many factors in their admissions processes: to ...
    • The Constitutionality of Federal Jurisdiction-Stripping Legislation and the History of State Judicial Selection and Tenure 
      Fitzpatrick, Brian T. (Virginia Law Review, 2012)
      Few questions in the field of Federal Courts have captivated scholars like the question of whether Congress can simultaneously divest both lower federal courts and the U.S. Supreme Court of jurisdiction to hear federal ...
    • Deregulation and Private Enforcement 
      Fitzpatrick, Brian T. (Lewis & Clark Law Review, 2020)
      Many conservatives oppose much of the administrative state. But many also oppose much of our private enforcement regime. This raises the questions of whether conservatives believe the marketplace should be policed at all, ...
    • Distributing Attorney Fees in Multidistrict Litigation 
      Edelman, Paul H.; Cheng, Edward K.; Fitzpatrick, Brian T. (Journal of Legal Analysis, 2021)
      As consolidated multidistrict litigation has come to dominate the federal civil docket, the problem of how to divide attorney fees among participating firms has become the source of frequent and protracted litigation. For ...
    • Do Class Action Lawyers Make Too Little? 
      Fitzpatrick, Brian T. (University of Pennsylvania Law Review, 2010)
      Class action lawyers are some of the most frequently derided players in our system of civil litigation. It is often asserted that class action lawyers take too much from class judgments as fees, that class actions are ...
    • Election as Appointment: The Tennessee Plan Reconsidered 
      Fitzpatrick, Brian T. (Tennessee Law Review, 2008)
      Tennessee's merit system for selecting judges - referred to as the Tennessee Plan - has been controversial ever since it was enacted in 1971 to replace contested elections. The greatest controversy has been whether the ...
    • The End of Class Actions? 
      Fitzpatrick, Brian T. (Arizona Law Review, 2015)
      In this Article, I give a status report on the life expectancy of class action litigation following the Supreme Court’s decisions in Concepcion and American Express. These decisions permitted corporations to opt out of ...
    • The End of Objector Blackmail? 
      Fitzpatrick, Brian T. (Vanderbilt Law Review, 2009)
      For many years, courts and commentators have been concerned about a phenomenon in class action litigation referred to as objector "blackmail." The term "blackmail" is used figuratively rather than literally; so-called ...
    • Errors, Omissions, and the Tennessee Plan 
      Fitzpatrick, Brian T. (The University of Memphis Law Review, 2008)
      In the Spring 2008 issue of the Tennessee Law Review, I wrote an essay questioning whether Tennessee's merit system for selecting appellate judges - the Tennessee Plan - satisfies the requirements of the Tennessee Constitution. ...
    • A Fiduciary Judge's Guide to Awarding Fees in Class Actions 
      Fitzpatrick, Brian T. (Fordham Law Review, 2021)
      It is often said that judges act as fiduciaries for the absent class members in class action litigation. If we take this seriously, how then should judges award fees to the lawyers who represent these class members? The ...
    • The Ideological Consequences of Selection 
      Fitzpatrick, Brian T. (Vanderbilt Law Review, 2017)
      One topic that has gone largely unexplored in the long debate over how best to select judges is whether there are any ideological consequences to employing one selection method versus another. The goal of this study is to ...
    • Justice Scalia and Class Actions: A Loving Critique 
      Fitzpatrick, Brian T. (Notre Dame Law Review, 2017)
    • Many Minds, Many MDL Judges 
      Fitzpatrick, Brian T. (Law and Contemporary Problems, 2021)
      Over his long career, Francis McGovern was a leading supporter of decentralizing the fact finding that goes on in multidistrict litigation (MDL). His advocacy of letting torts "mature" gave rise to the sampling that takes ...
    • Objector Blackmail Update: What Have the 2018 Amendments Done? 
      Fitzpatrick, Brian T. (Fordham Law Review, 2020)
      In Part I of this Essay, I describe the problem of objector blackmail, why prohibiting side payments to objectors would be the best way to screen blackmail-minded objections from other objections, and why I did not think ...
    • Originalism and Summary Judgment 
      Fitzpatrick, Brian T. (Ohio State Law Journal, 2010)
      Over the last several years, the Supreme Court has revolutionized modern criminal procedure by invoking the Sixth Amendment right to a jury trial to strike down several sentencing innovations. This revolution has been led ...
    • The Politics of Merit Selection 
      Fitzpatrick, Brian T. (Missouri Law Review, 2009)
      In this Article, I undertake an evaluation of a method of judicial selection known as "merit selection." The merit system is distinctive from the other systems of judicial selection in the powerful role it accords lawyers. ...
    • Proposed Reforms to Texas Judicial Selection: Panelist Remarks 
      Fitzpatrick, Brian T. (Lewis & Clark Law Review, 2020)
      Many conservatives oppose much of the administrative state. But many also oppose much of our private enforcement regime. This raises the questions of whether conservatives believe the marketplace should be policed at all, ...
    • Proposed Reforms to Texas Judicial Selection: Panelist Remarks 
      Fitzpatrick, Brian T. (Texas Review of Law and Politics, 2019)
      I am going to set the stage by providing a little background about the various methods that States around the country use to select their judges. I am also going to remind us of many of the considerations that we like to ...
    • Scalia in the Casebooks 
      Fitzpatrick, Brian T.; Varghese, Paulson K. (University of Chicago Law Review, 2017)
      In the time since Justice Antonin Scalia’s untimely death, much has been written about what his influence has been and what his influence will be. In this Essay, we try to quantify Scalia’s influence in law school ...
    • Twombly and Iqbal Reconsidered 
      Fitzpatrick, Brian T. (Notre Dame Law Review, 2012)
      In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the Supreme Court reinterpreted the Federal Rules of Civil Procedure to permit judges to dismiss claims at the very outset of a case whenever they think the claims ...