Civil Actions

Lamenting that "[j]urisdiction . . . is a word of many, too many, meanings," 2 the Supreme Court recently has pressed a deliberate agenda to bring sense to the term by circumscribing its application and by calling for care and thoughtfulness in using it. Yet this approach, which started as a productive effort to call attention to and reduce profligate and unthinking use of the term jurisdiction, 4 has re-created its originating problem. Jurisdiction now has three identities: (1) the "power" of a federal court, 5 (2) a label for a defined set of effects, 6 and (3) a creature of positive law that Congress can deploy at its whim. These identities are unsustainable and at war with each other. Jurisdiction cannot mean "power," for a federal court physically can enter a judgment without jurisdiction, and that judgment can become binding, enforceable, and unassailable. 8 A more watered-down definition might be "authority" to enter judgment, but a federal court has legal authority to enter a binding judgment on procedural grounds even while questioning its own jurisdiction. 9 Further, the formulation of jurisdiction as authority renders it conceptually indistinguishable from the many nonjurisdictional elements-ranging from the egregious (fraud on the court, suborned perjury, bribed judges, a trillion-dollar judgment for punitive damages) to the banal (finding Title VII liability for baldness discrimination)-that also inform legitimate authority in character and

تتناول هذه الورقة التحديات التي تواجه الأحزاب السياسية في الأردن، والمتمثلة في ضعف التمويل، وقصور التنظيم الداخلي، وصعوبة بناء قواعد شعبية مؤثرة. بناءً على تحليل التحديات، توصي الورقة بإصلاحات جوهرية تشمل اعتماد نموذج تمويل مختلط يوازن بين الدعم الحكومي والتبرعات الخاصة، وتعزيز الشفافية عبر الإفصاح المالي الدوري. كما تدعو إلى تحديث الهياكل التنظيمية للأحزاب، وتفعيل الديمقراطية الداخلية، وتمكين الشباب والمرأة، واستثمار الوسائل الرقمية للتواصل وبناء القواعد الشعبية، إلى جانب تعزيز الشراكة مع المجتمع المدني.

has been with the National Center for State Courts since 2000. Her current work examines policy and social implications of jury procedures. David B. Rottman is a Principal Researcher at the National Center for State Courts, where he has worked since 1987. His current research investigates public opinion of the courts, judicial performance evaluations, and economic impact of the state courts. she has led both national and local research studies on topics related to jury system management and trial procedure.

This article provides an overview of an empirical study of a civil trial court and the environment of indigenous law and conflict resolution in which the court operates. The article combines an analysis of civil cases and litigants with an investigation of alternative nonjudicial approaches used by residents of the community. The first section of the article examines the emergence of legal conflicts from the fabric of social relationships in the community and compares cases and parties in the court with those that gravitate toward nonjudicial settings. The second section compares processes and outcomes available in the court with those that may be obtained nonjudicially. The article concludes that different categories of cases emerge from different kinds of social relationships and for this reason are associated with fundamentally dissimilar patterns of values, norms, procedures, and outcomes. It also emphasizes the benefits to be obtained from investigating the complex relationships and interchanges that link local level trial courts to their communities.

images of the world govern policy." 5. Deborah A. Stone, Causal Stories and the Formation of Policy Agendas, 104 POL. ScI. Q. 281 (1989). Deborah Stone asserts that "[tlhere is an old saw in political science that difficult conditions become problems only when people come to see them as amenable to human action.

Federal courts have increasingly suggested that class actions can be too big. But how should courts restrict class size? To date, courts have relied upon several provisions within Federal Rule of Civil Procedure 23-principally the Rule 23(a)(2) commonality prerequisite and the DEPAUL LAW REVIEW [Vol. 69:1 Rule 23(b)(3) predominance and superiority requirements-to deny certification to massive class actions. These tools are regulatory in nature: without stating as much, courts set maxima on class size, and classes crossing that line are rejected as too large. The result is a binary certify-or-not proposition. But regulation comes at a price. Precision cost-benefit analysis is both resource-intensive and exceedingly difficult. Thus, wary of class counsels' incentives, courts are more likely to systematically underestimate optimal class size. And, even if courts achieve precision balancing, denying certification to sub-optimally large classes entails denying relief to a multitude of positive-utility plaintiffs-a classic deadweight loss. Fortunately, regulation is not the only way. Rule 23 contains a handful of latent tax mechanisms-from Rule 23(c)(2)(B)'s notice requirement to Rule 23(h)'s provisions on attorney's fees-that can also restrict class size. For example, courts using their broad discretion to set attorney's fees under Rule 23(h) can impose a progressive fee structure that awards class counsel less for each marginal class member or group of class members. Like Pigouvian taxes, these hidden Rule 23 taxes allow courts to restrict class size by bending self-interested counsels' marginal cost and benefit curves without denying certification to the class writ large. And, like the Pigouvian alternative to regulation generally, taxing class size promises important advantages: it avoids the deadweight loss that accompanies regulatory decision-making, it is information-forcing, and it is "revenue generating" from the perspective of absent class members. This Article makes three contributions to class action scholarship. First, it introduces a novel regulation-versus-taxation framework, revealing several heretofore-unexamined tax mechanisms within Rule 23. Second, it explores how the Pigouvian alternative yields welfare-enhancing advantages relative to regulation-by-certification. Finally, it considers how this approach to managing class size might impact quickly evolving areas of doctrine.

Judge Milton I. Shadur was a disrupter of frivolous defenses. In 2018, Judge Shadur died at the age of ninety-three after thirty-seven years as a judge of the United States District Court for the Northern District of Illinois. Sua sponte, Judge Shadur reviewed civil answers and disrupted the pleading of frivolous defenses. Sua Sponte Shadur-as some lawyers called himrejected answers that departed from or ignored Rule 8 of the Federal Rules of Civil Procedure. In 2001, Judge Shadur issued an Appendix to an order in State Farm v. Riley, 199 F.R.D. 276 (N.D. Ill. 2001). The Appendix presented his expectations regarding how defense lawyers should answer according to Rule 8. As the Appendix makes clear, Judge Shadur disallowed pleaders to dodge Rule 8 by (1) claiming that an allegation called for a legal conclusion, (2) claiming that documents speak for themselves, and (3) demanding strict proof. Judge Shadur also expected that affirmative defenses would be true affirmative defenses, and that defense attorneys would support affirmative defenses with foundational or predicate facts. After presenting a minibiography of Judge Shadur, the backstory of State Farm v. Riley, and a gloss on the Appendix, this Article tracks the use of the Appendix by judges-mostly federal judges but some state judgesthroughout the United States. The Article covers the citation of the Appendix by Judge Shadur himself, next by Northern District of Illinois colleagues, then within the broader Seventh Circuit, and next among the other federal circuits. There are a few citations in state courts. The Article concludes with the epitome of Shadur's Appendix, which was a rule change by the Arizona

Capstone Advisory Group where he focuses on forensic accounting investigations and litigation support. He has performed FCPA services in numerous countries, including Russia, India, China, Mexico and Saudi Arabia, as well as fraud investigations and royalty inspections.

This paper addresses the issues and challenges facing multinational corporations when they become involved in litigation that crosses international borders. The conflict of litigation discovery rights and individual privacy rights in different international jurisdictions can present a very challenging situation for litigants. This paper addresses the conflict inherent between litigation discovery rights versus individual privacy rights and how different nations deal with this conflict. The authors offer several pre-litigation recommendations for those corporations that anticipate the possibility of litigation involving parties in more than one international jurisdiction.

White Commission's report); see also WEIs REPORT, supra note 7, at 123, reprinted in 22 CONN. L. REv. 733, 863 (not taking a position on whether to split the Ninth Circuit); WHITE REPORT, supra note 1, at 40-47 (arguing for a divisional model that would split the Ninth Circuit into small units but preserve the Ninth Circuit as an administrative unit); Roll, supra note 3, at 111 (arguing in favor of splitting the Ninth Circuit). 22 See generally Baker, supra note 6 (summarizing past studies). 23 See generally Federal Courts Study Committee Implementation Act of 1990, Pub. L. No. 101-650, § 302(c), 104 Stat. 5104, 5104 (1990) (chartering a study of circuit splits and structural alternatives for the Courts of Appeals); AM. BAR FOUND., ACCOMMODATING THE WORKLOAD OF THE UNITED STATES COURTS OF APPEALs (1968) (focusing specifically on the caseload problem); AM. LAw INsr., STUDY OF THE DivisION OFJURISDICTION BETWEEN STATE 34 U.C. DAVIS L. REv. 325 passim (2000) (arguing strongly against splitting or dividing the Ninth Circuit). At the time these articles were written, the authors were the ChiefJudges of the Third and Ninth Circuits, respectively.

At the turn of the twenty-first century, the country entered its third era of judicial federalism. That era is defined by federal judicial expansion into areas of statecourt power and federal monopolization of large and complex litigation. These changes, in turn, have coincided with the decay of state courts. Whether measured by funding, delays, or docket loads, state courts—the true workhorses of the American legal system—have declined relative to federal courts. Indeed, over the last decade, state chief justices have complained that state courts are “financially bankrupt,” “at ‘the tipping point of dysfunction,’” and “on the edge of an abyss.” This state-court decay could not come at a worse time—due to federal efforts to circumscribe access to court, there have been growing calls for a turn to state courts. But that turn cannot work without vibrant and well-funded state judiciaries. Thus, federal expansion and state-court decay represent the most fundamental developments in judic...

Modern antitrust litigation sometimes involves complex expert economic and econometric analysis. While this boom in the demand for economic analysis and expert testimony has clearly improved the welfare of economists-and schools offering basic economic training to judges-little is known about the empirical effects of economic complexity or judges' economic training on decision-making in antitrust litigation. We use a unique data set on antitrust litigation in district courts during 1996-2006 to examine whether economic complexity impacts decisions in antitrust cases, and thereby provide a novel test of the frequently asserted hypothesis that antitrust analysis has become too complex for generalist judges. We also examine the impact of one institutional response to economic complexity: basic economic training by judges. We find that decisions involving the evaluation of complex economic evidence are significantly more likely to be appealed, and decisions of judges trained in basic economics are significantly less likely to be appealed than are decisions by their untrained counterparts. Our results are robust to a variety of controls, including the type of case, circuit, and the political party of the judge. Our tentative conclusion, based on a revealed preference argument that views a party's appeal decision as an indication that the district court got the economics wrong, is that there is support for the hypothesis that some antitrust cases are too complicated for generalist judges.

The European Union regulations on the eradication of asbestos must be transferred to the Spanish legal system. Their incorporation into civil law is under way. This raises the issue of compensation for consumers for contractual and non-contractual damages. The useful life and corrective measures due to hidden defects are the items that must be legally determined. This material must be removed from private and public buildings by 2028 and 2050 respectively. As well as other administrative authorities, the notary's task of confirming its absence, e.g. during sales transactions, is clearly essential.

Regulación en la Unión Europea: vida útil El fibrocemento estructurado sobre amianto, o asbesto, fue el "producto milagro" del siglo XX en nuestras construcciones. Hoy, nadie duda que cualquiera de sus seis formas (crisolito, crocidolita, amosita, tremolita, actinolita y la antoilita) son cancerígenas y matan. Consciente de ello, la Unión Europea elaboró todo un elenco normativo para exterminarlo de nuestros inmuebles. Su transposición a nuestro ordenamiento jurídico es un imperativo.

Empirical studies find that Black Americans distrust the U.S. justice system because they believe that it will not treat them fairly. The well-developed empirical literature on race and the criminal justice system demonstrates that this belief is well founded. At the same time, the empirical literature on race in the civil justice system is less well developed owing to a lack of data associating racial and other demographic information with court filings. To fill part of that gap, I combine federal filings data with U.S. Census and National Center for Health Statistics data to produce a dataset representing 254,643 actual filings with associated data on race, poverty-rate, and population density. I then use this data to engage in a statistical analysis of race and diversity jurisdiction through the lens of increases in the amount-in-controversy requirement. I find that a large percentage of Black claimants are simply missing from the federal courts. This result is consistent with studies finding a barrier to Black claimant use of the courts arising out of systemic racism which creates and maintains Black Americans' distrust of the U.S. justice system. The analysis also finds that increasing the amount-incontroversy requirement further decreases filing rates and, thereby, creates a second barrier for Black claimants to access the federal courts. This additional barrier can only serve to reinforce and deepen Black alienation as those Black claimants willing to trust the federal courts are told that federal court is not for people like them. In addition, the analysis to identify hidden or unknown covariates produces evidence of belief that the state courts are biased in other ways including geographic bias, rural court bias, and bias against the poor.

American federal diversity jurisdiction was created in response to the concern that out-of-state litigants would suffer bias in state court due to their out-of-state status ("geographic bias"). As attested in the record from the state ratification conventions, in the legislative history of diversity jurisdiction, and in seventeen U.S. Supreme Court opinions (the most recent in 2021), the creation of an impartial tribunal to mitigate geographic bias was and is the central rationale for federal diversity jurisdiction. Even though geographic bias is the rationale for diversity jurisdiction, no (prior) empirical studies have established whether geographic bias remains a problem in the American civil justice system. This Article provides the results of an empirical study of objective data, representing over one million cases across thirty years, demonstrating that geographic bias is no longer an issue in the civil justice system. Given that this result eliminates the very reason for the existence of federal diversity jurisdiction, the outcome provides a strong basis for Congress to either modify or abolish diversity jurisdiction.

   The development of digital technologies has inevitably put on the agenda the problems of their application in judicial activity, primarily in justice in civil cases. Digitalization is actively penetrating the legal proceedings, procedural legislation and approaches to its application are changing. At the same time, traditional forms of judicial activity remain. The range of directions for the introduction of modern technologies is expanding following the achievements of scientific and technological progress. The author sets out to identify the relationship between the use of information technology and improving the efficiency of justice. The study showed that digital technologies can become an effective means of ensuring the effectiveness of civil and arbitration proceedings, reducing its costs and reducing the time for resolving cases. Digital technologies are able to ensure the efficiency of legal proceedings in modern conditions; however, they carry risks and problems, the sol...

* I have included under due process of law of the Fourteenth Amendment both procedural and substantive due process. Is not a fair and impartial trial the "heart" of procedural due process of law? Would we expect less in substantive due process of law? The shading of procedure into substance at times makes it very difficult to differentiate the one from the other. Cf., Cook, The Logical and Legal Bases of the Conflict of Laws 154-193 (1949). Much of what we may denominate in Anglo-American law as substantive was derived from procedure. The separation remains fluid. Cf., Plucknett, A Concise History of the Common Law 354, 375, 381-2 (5th ed. 1956). *0 "Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof." U.S. Const. art. IV, § 1.

Capstone Advisory Group where he focuses on forensic accounting investigations and litigation support. He has performed FCPA services in numerous countries, including Russia, India, China, Mexico and Saudi Arabia, as well as fraud investigations and royalty inspections.

Court recently ruled against long time partners of Capital Wealth Advisors Inc., namely Bill Beynon and Blaine Ferguson by decreasing to accept jurisdiction over the Collier County case and awarding attorney's fees to the Plaintiff. This battle first started in 2018 and now the case will proceed to trial in the 20th Judicial Circuit of Florida.

provided excellent research assistance. Generous financial support from the Tsinghua-UChicago Joint Research Center for Economics and Finance is gratefully acknowledged. The views expressed herein are those of the authors and do not necessarily reflect the views of the National Bureau of Economic Research. NBER working papers are circulated for discussion and comment purposes. They have not been peer-reviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications.

Adams v. Woods, 6 U.S. (2 Cranch) 336, 342 (1805) (not providing a limitation period "would be utterly repugnant to the genius of our laws"). 2. Special Project, Time Bars in Specialized Federal Common Law. Federal Rights of Action and State Statutes of Limitations, 65 CORNELL L. REV. 1011, 1015 (1980). 3. Id. Under certain circumstances, however, a court may suspend or toll the limitation period. See generally 5 F. POORE & E. KOEBER, CYCLOPEDIA OF FEDERAL PROCEDURE § § 15.526-.529 (3d ed. 1968) (discusses circumstances in which a court may toll the limitation period). 4. The ability reasonably to predict the limitation is also important to the defendant, the judicial system, and society in general.

The recovery of Locri, in 205 BC, gave rise to one of the most dramatic and dishonourable episodes of the Roman Republican army, when the Roman garrison of the city, led by the propraetor Quintus Pleminius, legatus of Publius Cornelius Scipio, went on a rampage against the local population, killing, raping and pillaging everything in its path. The indiscipline and greed of the Roman soldiery also led to two final events that were to confirm the degeneration of Roman arms: the plunder of the sacred temple of Proserpine, and the confrontation and murder between Roman soldiers. The echo of the events polarized the political life of the Vrbs, and the events of Locri became an excuse to undermine and defame Scipio´s prestige. Henceforth, a commission was appointed to investigate the events, and to determine who was responsible and whether the future Africanus was the leader that Rome needed, and above all, if he respected ancient Roman customs.

images of the world govern policy." 5. Deborah A. Stone, Causal Stories and the Formation of Policy Agendas, 104 POL. ScI. Q. 281 (1989). Deborah Stone asserts that "[tlhere is an old saw in political science that difficult conditions become problems only when people come to see them as amenable to human action.

(illegally seized evidence not admissible in administrative hearing), however, mandate not issued pending resolution of Petition for Rehearing. 5. 711 P.2d 38 (Okla. 1985). 6. For an explanation of the differences between primary, secondary, and tertiary recovery, see id. at 49 n.2 (opinion of Special Justice Robinson).

The development of democratic culture is dependent on the existence of a modern state that can protect the rights of its citizens and extract duties from them. Modern states are characterised by the practice of equity, the rule of law and the search for legitimacy. The legitimacy of

Shutts I). There the Kansas court entertained a class suit brought to enforce interest payments or royalties earned from an oil and gas field located primarily in that state, although the majority of the class members were not Kansas residents. 222 Kan. at 532, 558, 567 P.2d at 1298, 1315. The Supreme Court has granted certiorari in a different case with the same name and similar facts. Shutts v.

El presente artículo explora la figura de la «scold» (mujer gruñona e irascible), un tipo de transgresión femenina poco estudiada por la crítica, especialmente durante el siglo XVIII, a pesar de estar presente en la literatura inglesa desde mediados del siglo XVI. Para ello, el trabajo indaga el uso de los términos «scold» y «scolding» y su evolución a lo largo del siglo a través de los discursos y prácticas aparecidos en la prensa inglesa de la época, así como su equivalencia y manifestación en el contexto español. Con todo ello, pretendemos demostrar que, más allá de una mera transgresión moral, el castigo y la censura de este tipo de comportamientos supusieron en realidad un intento por silenciar la voz femenina y restablecer, de esta manera, el orden social tradicional.Despite its presence in English literature since the 16th century, the figure of the «scold» as a female transgressor has received scarce critical attention, particularly during the 18th century. Thus, this articl...

Adams v. Woods, 6 U.S. (2 Cranch) 336, 342 (1805) (not providing a limitation period "would be utterly repugnant to the genius of our laws"). 2. Special Project, Time Bars in Specialized Federal Common Law. Federal Rights of Action and State Statutes of Limitations, 65 CORNELL L. REV. 1011, 1015 (1980). 3. Id. Under certain circumstances, however, a court may suspend or toll the limitation period. See generally 5 F. POORE & E. KOEBER, CYCLOPEDIA OF FEDERAL PROCEDURE § § 15.526-.529 (3d ed. 1968) (discusses circumstances in which a court may toll the limitation period). 4. The ability reasonably to predict the limitation is also important to the defendant, the judicial system, and society in general.

ONE OF THE most fascinating aspects of the legal system involves the small claims court process. Often referred to as the People\u27s Court, \u27 it is a part of the court that comes most directly into contact with the citizenry of a jurisdiction. Some cases are bizarre, most are interesting, and all are serious to the parties. 2 Provided that the dollar amount is less than or equal to the jurisdictional limit,3 almost any type of civil action can come to small claims court,4 irrespective of the complexity of the cas

BRUCE ZUCKER* AND MONICA HER** ONE OF THE most fascinating aspects of the legal system involves the small claims court process. Often referred to as the "People's Court,"' it is a part of the court that comes most directly into contact with the citizenry of a jurisdiction. "Some cases are bizarre, most are interesting, and all are serious to the parties." 2 Provided that the dollar amount is less than or equal to the jurisdictional limit, 3 almost any type of civil action can come to small claims court, 4 irrespective of the complexity of the case.

SILER: "Absolutely-I've used it a few times, but I've been pleased with the results." Minnesota MACLAUGHLIN: "Yes-if used carefully and infrequently." Oklahoma COOK: "Absolutely-yes!" Wisconsin REYNOLDS: "No. It places too heavy a burden on little litigants. It is OK for institutional litigants that are represented by institutional type law firms."

It was in quest of political legitimacy as well as religious purity that former governor of Zamfara state, Senator Sani Ahmed Yerima, started a crusade in 1999 to re-establish Shari'ah. That initiative immediately found spacious reverberation with many Muslims. For the clerics, it was an opportunity to restore a religious and moral heritage that had been suppressed after colonial conquest. Many people saw Shari'ah as an instrument for achieving a just, safe, compassionate and less corrupt society. Thus, the Zamfara government's actions were soon taken up by other states, whose governors followed with varying degrees of enthusiasm. The federal government, however, declared Shari'ah to be incompatible with the constitutional guarantee of freedom of religion. The northern governors responded by highlighting that the same constitution vested in states concurrent powers to establish their own court systems. The writers develop this narrative and look into the constitutional provisions that guarantee freedom of religion and international and national judicial decisions where the right of religion has been vindicated.

15. Id. at 468. The restrictions on the development of federal common law in Erie, as well as its progeny, all focus on the relatively narrow issue of whether federal common law may be developed as an incidence of federal jurisdiction alone. In that context, the more that ajudicial decision affects substantive rights and does not merely regulate judicial procedure, the more suspect it becomes. However, Erie did not purport to limit the development of federal common law based on a federal substantive interest outside of Article M. While the limits on that "substantive" common law are not without controversy, most scholars concede far greater power for federal courts to develop true substantive common law than common law justified solely by the existence of federal jurisdiction.

representative suits particularly useful to redress trivial consumer claims). It has been suggested that initiation of small claim class actions increase, rather than decrease the judicial workload, and that the only persons to derive any meaningful benefit from such actions are the attorneys for the plaintiff class. See Delle Donne & Van Horn, Pennsylvania Class Actions: The Future in Light of Recent Restrictions on Federal Access?, 78 DiCK. L. REV. 460, 479-80 (1974) [hereinafter cited as Delle Donne & Van Horn]; Comment, Expanding the Impact of State Court Class Action Adjudications to Provide an Effective Forum for Consumers, 18 U.C.L.A. L. REV. 1002, 1020 (1971) [hereinafter cited as Impact]. 3. The terms "consumer class suit," "class action," and "class suit" are used synonymously in this Note to refer to representative actions whereby each individual sought to be included in the plaintiff class has sustained similar, albeit relatively minor, injuries as a result of a defendant's wrongful conduct. Although the claims of individual class members are separate and distinct, a common question of fact or law predominates over any individual concerns of the class. Unless otherwise indicated, it is assumed that in class suits involving a multistate plaintiff class, each plaintiff has incurred injury within the jurisdiction where he resides. 4. Conversely, the larger the class, the smaller the pro rata cost of maintaining the action to each member of the plaintiff class. See Ross, supra note 1, at 398. 5. In a diversity action, a federal court, in the absence of a federal statute, generally has no greater in personam jurisdiction than the courts of the state in which it sits. Royal Lace Paper Works v.

representative suits particularly useful to redress trivial consumer claims). It has been suggested that initiation of small claim class actions increase, rather than decrease the judicial workload, and that the only persons to derive any meaningful benefit from such actions are the attorneys for the plaintiff class. See Delle Donne & Van Horn, Pennsylvania Class Actions: The Future in Light of Recent Restrictions on Federal Access?, 78 DiCK. L. REV. 460, 479-80 (1974) [hereinafter cited as Delle Donne & Van Horn]; Comment, Expanding the Impact of State Court Class Action Adjudications to Provide an Effective Forum for Consumers, 18 U.C.L.A. L. REV. 1002, 1020 (1971) [hereinafter cited as Impact]. 3. The terms "consumer class suit," "class action," and "class suit" are used synonymously in this Note to refer to representative actions whereby each individual sought to be included in the plaintiff class has sustained similar, albeit relatively minor, injuries as a result of a defendant's wrongful conduct. Although the claims of individual class members are separate and distinct, a common question of fact or law predominates over any individual concerns of the class. Unless otherwise indicated, it is assumed that in class suits involving a multistate plaintiff class, each plaintiff has incurred injury within the jurisdiction where he resides. 4. Conversely, the larger the class, the smaller the pro rata cost of maintaining the action to each member of the plaintiff class. See Ross, supra note 1, at 398. 5. In a diversity action, a federal court, in the absence of a federal statute, generally has no greater in personam jurisdiction than the courts of the state in which it sits. Royal Lace Paper Works v.

We propose that intuitions about modern mass-level criminal justice emerge from evolved mechanisms designed to operate in ancestral small-scale societies. By hypothesis, individuals confronted with a crime compute two distinct psychological magnitudes: one that reflects the crime's seriousness and another that reflects the criminal's long-term value as an associate. These magnitudes are computed based on different sets of cues and are fed into motivational mechanisms regulating different aspects of sanctioning. The seriousness variable regulates how much to react (e.g., how severely we want to punish); the variable indexing the criminal's association value regulates the more fundamental decision of how to react (i.e., whether we want to punish or repair). Using experimental designs embedded in surveys, we validate this theory across several types of crime and two countries. The evidence augments past research and suggests that the human mind contains dedicated psychological mechanisms for restoring social relationships following acts of exploitation.