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Robert D. Ziff Professor of Law
Working Papers
"Civil Procedure’s Five Big Ideas," (July 16, 2011). Cornell Law Faculty Working Papers Paper 88 (2011); also available at
Contributions to Books
"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).
"Death of Paradox: The Killer Logic Beneath the Standards of Proof," 88 Notre Dame Law Review  1061 (2012).
"Aggregation of Probabilities and Illogic," 47 Georgia Law Review 165 (2012).
"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).
"Common-Law Compulsory Counterclaim Rule:  Creating Effective and Elegant Res 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).
"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).
"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).
"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" (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).
"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).
"Improving on the Contingent Fee" (with John Currivan), 63 Cornell Law Review 529-639 (1978).
"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).
"Judicial Statistical Inquiry Form," (1995- ).