Working Papers
"Death of Paradox: The Killer Logic Beneath the Standards of Proof,"
Cornell Legal Studies Resarch Paper, No. 12-6 (2012).
"Civil Procedure’s Five Big Ideas," (July 16, 2011).
Cornell Law Faculty Working Papers Paper 88 (2011); also available at SSRN.com
Books
| Civil Procedure (St. Paul, Minn.: Thomson/Reuters, 8th ed. 2009), (Black Letter Series). |  |
| Civil Procedure (St. Paul, Minn.: Thomson/West , 7th ed. 2004), (Black Letter Series). |  |
Casebooks
Contributions to Books
| "Litigation Realities Renewed," Empirical Studies of Judicial Systems (Institutum Iurisprudentiae, Academia Sinica; Taipei, Taiwan, Republic of China; Kuo-Chang Huang, ed., 2008), pp35-104. |  |
| "French Article 14 Jurisdiction, Viewed from the United States," (with John R.B. Palmer) in De tous horizons (Sociétéde législation comparée, Xavier Blanc-Jouvan, 2005). |  |
| "The Story of Piper: Fracturing the Foundation of 'Forum Non Conveniens'" in Civil Procedure Stories 195 (New York, Foundation Press, K.Clermont, ed. 2004). |  |
| "A Comparative Puzzle: Standards of Proof" (with Emily Sherwin), in Law and Justice in a Multistate World (Ardsley, NY: Transnational Publishers, James A. R. Nafzinger and Symeon C. Symeonides, eds. 2002). |  |
| "U.S. Tax Aspects of Acquisition of U.S. Corporations by Canadian Corporations" (with Richard D. Pugh and Richard J.Abt; co-chairmen, Arthur A. Feder and David A. Ward), in Tax and Other Problems Across the U.S.-Canada Border 75-101 (New York: Practising Law Institute, 1974). |  |
Articles
"Repressive Myth of Shady Grove, The Federal Courts, Practice & Procedure," 86
Notre Dame Law Review 987 (2011).
"Class Certification’s Preclusive Effects," 159
University of Pennsylvania Law Review PENNumbra, 203-230 (2011); Cornell Legal Studies Research Paper No. 11-17 (2011).
"Sequencing the Issues for Judicial Decisionmaking: Limitations from Jurisdictional Primacy and Intrasuit Preclusion", 63
Florida Law Review 301 (2011).
"Three Myths About Twombly-Iqbal," 45
Wake Forest Law Review 1337 (2010).
"Inventing Tests, Destabilizing Systems" (With Stephen C. Yeazell) 95
Iowa Law Review 821-861 (2010).
"Litigation Realities Redux," 84(5)
Notre Dame Law Review 1919-1974 (2009); also in
Empirical Studies of Judicial Systems (Institutum Iurisprudentiae, Academia Sinica; Taipei, Taiwan, Republic of China; Kuo-Chang Huang, ed., 2008), pp35-104
"Standards of Proof Revisited," 33
Vermont Law Review 469 (2009).
"Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?" (with Stewart J. Schwab), 3
Harvard Law and Policy Review 103. (2009)
"CAFA Judicata: A Tale of Waste and Politics" (with Theodore Eisenberg), 156
University of Pennylvania Law Review 1553 (2008).
"Xenophilia or Xenophobia in American Courts? Before and After 9/11" (with Theodore Eisenberg), 4
Journal of Empirical Legal Studies 441 (2007).
"Federal Courts, Practice & Procedure: Reverse-Erie," 82
Notre Dame Law Review 1-58 (2006).
"Integrating Transnational Perspectives into Civil Procedure: What Not to Teach," 56
Journal of Legal Education 524-538 (2006).
"Exorbitant Jurisdiction" (with John R.B. Palmer), 58
Maine Law Review 474 (2006).
"Jurisdictional Fact," 91
Cornell Law Review 973-1020 (2006).
"The Role of Private International Law in The United States: Beating the Not-Quite-Dead Horse of Jurisdiction," 2
CILE Studies 75-114 (2005).
"Trial by Jury: Point/Counterpoint," 31 Cornell Law Forum 10 (Spring 2005).
"Common-Law Compulsory Counterclaim Rule: Creating Effective and Elegant R
es Judicata Doctrine," 79
Notre Dame Law Review 1745-60 (2004).
"A Global Law of Jurisdiction and Judgments: Views from the United States and Japan," 37
Cornell International Law Journal 1-26 (2004), translated in 33
J. Japanese Inst. Int'l Bus L. 917 (1071 (2005), reprinted in
Theories of American Civil Procedure 295 (Masahiko Omura & Koichi Miki eds. & trans., 2006).
"How Employment-Discrimination Plaintiffs Fare in the Federal Courts of Appeals" (with Theodore Eisenberg and Stewart J. Schwab), 7
Employee Rights and Employment Policy Journal 547-67 (2004).
"How Employment Discrimination Plaintiffs Fare in Federal Court" (with Stewart J. Schwab), 1 Journal of Empirical Legal Studies 429-58 (2004).
"Standards of Proof in Japan and the United States," 37
Cornell International Law Journal 263-84 (2004), translated in 33
J. Japanese Inst. Int'l Bus. 611, 779 (2005), reprinted in
Theories of American Civil Procedure 139 (Masahiko Omura & Koichi Miki eds. & trans., 2006).
"Teaching Civil Procedure Through its Top Ten Cases, Plus or Minus Two," 47
Saint Louis University Law Journal 111-25 (2003).
"A Comparative View of Standards of Proof" (with Emily Sherwin), 50
American Journal of Comparative Law 243-75 (2002) reprinted in 47
China Law Journal (2002).
"Judge Harry Edwards: A Case in Point!" (with Theodore Eisenberg), 80
Washington University Law Quarterly 1275-89 (2002).
"Litigation Realities" (with Theodore Eisenberg), 88
Cornell Law Review 119-54 (2002).
"Plaintiphobia in the Appellate Courts: Civil Rights Really Do Differ from Negotiable Instruments" (with Theodore Eisenberg), 2002
University of Illinois Law Review 947 (2002).
"Appeal from Jury or Judge Trial: Defendants' Advantage" (with Theodore Eisenberg), 3
American Law and Economics Review 125-64 (2001).
"Anti-Plaintiff Bias in the Federal Appellate Courts" (with Theodore Eisenberg), 84
Judicature 128-34 (2000).
"Justice en Nouvelle-France," Je Me Souviens 5-12 (Fall 1999).
"Jurisdictional Salvation and the Hague Treaty," 85
Cornell Law Review 89-133 (1999).
"Do Case Outcomes Really Reveal Anything About the Legal System? Win Rates and Removal Jurisdiction" (with Theodore Eisenberg), 83
Cornell Law Review 581-607 (1998).
"Father and Daughter Genealogy" (with Adrienne Clermont), 20 Je Me Souviens 11-18 (Spring 1997).
"Simplifying the Choice of Forum: A Reply" (with Theodore Eisenberg), 75
Washington University Law Quarterly 1551-59 (1997).
"Courts in Cyberspace" (with Theodore Eisenberg), 46
Journal of Legal Education 94-100 (1996).
"Commentary: Xenophilia in American Courts" (with Theodore Eisenberg), 109
Harvard Law Review 1120-43 (1996).
"Trial By Jury or Judge: Which Is Speedier?" (with Theodore Eisenberg), 79
Judicature 176-80, 199 (1996).
"Exorcising the Evil of Forum Shopping" (with Theodore Eisenberg), 80
Cornell Law Review 1507-35 (1995).
"Trial by Jury or Judge: Transcending Empiricism (Part 3)" (with Theodore Eisenberg), 5 National Trial Lawyer 85-89 (May 1993).
"Trial by Jury or Judge: Transcending Empiricism (Part 2)" (with Theodore Eisenberg), 5 National Trial Lawyer 57 (March 1993).
"Trial by Jury or Judge: Transcending Empiricism (Part 1)" (with Theodore Eisenberg), 5 National Trial Lawyer 44 (January 1993).
"Trial by Jury or Judge: Transcending Empiricism" (with Theodore Eisenberg), 77
Cornell Law Review1124-77 (1992).
"Why Law Teachers Should Teach Undergraduates" (with Robert A. Hillman), 41
Journal of Legal Education 289-98 (1991).
"A Decade of 'Curricular Reform'," 16 Cornell Law Forum 7-11 (1990).
"Professor Clermont on Civil Procedure," 15 Cornell Law Forum 10-14 (1989).
"Procedure's Magical Number Three: Psychological Bases for Standards of Decision," 72
Cornell Law Review 1115-56 (1987).
"Surveying Work Product," 68
Cornell Law Review 755-79 (1983).
"Restating Territorial Jurisdiction and Venue for State and Federal Courts," 66
Cornell Law Review 411-61 (1981).
"A Tribute to Roger Cramton," 7 Cornell Law Forum 34-35 (1980).
"Resolving the Law School's Biggest Problem," 5 Cornell Law Forum 16-20 (1979).
"Improving on the Contingent Fee" (with John Currivan), 63
Cornell Law Review 529-639 (1978).
"Predicting the Shape of Intrusive Bodies from Gravity Data: Crazy Mountains and Little Rocky Mountains, Montana" (with William E. Bonini, John H. Vreeland, and William N. Kelley, Jr.), 250 Transactions Society of Mining Engineers, AIME 167-72 (June 1971).
"The Supreme Court: 1969 Term," 84
Harvard Law Review 30, 90-100 (1970).
"Developments in the Law: Federal Habeas Corpus," 83
Harvard Law Review 1038, 1208-38, 1263-74 (1970).
Book Reviews
Reviewing Johan Lindholm, "State Procedure and Union Rights: A Comparison of the European Union and the United States," 57
American Journal Comparative Law 258 (2009).
Miscellaneous
"Judicial Statistical Inquiry Form," (1995- ).
"Letter," A Tribute to Ben Kaplan: Remembrances (May 30, 1981): Xerox collection of personal statements by ex-students.