Thomas D. Russell

University of Denver Sturm College of Law

Professor

2255 E. Evans Avenue

Suite 407D

Denver, CO 80208

United States

http://www.houseofrussell.com

SCHOLARLY PAPERS

18

DOWNLOADS
Rank 12,792

SSRN RANKINGS

Top 12,792

in Total Papers Downloads

4,924

SSRN CITATIONS

2

CROSSREF CITATIONS

2

Ideas:
“  I'm continuing to work on frivolous defenses. Defense lawyers depart from FRCP 8 by claiming, among other things, that 1) documents speak for themselves; 2) legal conclusions require no reply; and 3) by adding laundry lists of fact-free affirmative defenses. I've written two pieces on this topic: "Frivolous Defenses" and "Disrupting Frivolous Defenses." I'm very interested in responses from judges, lawyers, and professors and especially interested in hearing from current or former defense lawyers or paralegals who can explain how lawyers learn to answer in these ways. I'd also like to hear from law students who work in law firms where they file answers in this manner.  ”

Scholarly Papers (18)

1.

Frivolous Defenses

Thomas D. Russell, Frivolous Defenses, 69 Clev. St. L. Rev. 785 (2021).
Number of pages: 74 Posted: 17 Aug 2020 Last Revised: 01 Jul 2021
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 1,561 (14,876)

Abstract:

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civil procedure, ethics, professionalism, litigation, torts, insurance, personal injury law, empirical research, trial-court studies, Nora Freeman Engstrom, Colorado, Rule 8, Rule 11, pleading, iqbal, twombly

2.

‘Keep Negroes Out of Most Classes Where There Are a Large Number of Girls’: The Unseen Power of the Ku Klux Klan and Standardized Testing at The University of Texas, 1899-1999

U Denver Legal Studies Research Paper No. 10-14
Number of pages: 48 Posted: 05 Apr 2010 Last Revised: 15 Jun 2021
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 1,328 (19,051)

Abstract:

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Admissions, Black Lives Matter, BLM, Brown v. Board, Confederate, Integration, KKK, Klan, Dorm, Law Professor, Legal History, Monuments, Race, Racism, Reconstruction, Renaming, Segregation, Simkins Hall, Standardized Testing, Supreme Court, Sweatt v. Painter, Texas, UT, William Stewart Simkins,

3.

Disrupting Frivolous Defenses

Thomas D. Russell, Disrupting Frivolous Defenses, 52 Loy. U. Chi. L.J. 907 (2021).
Number of pages: 93 Posted: 17 Mar 2021 Last Revised: 25 Jun 2021
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 1,175 (22,898)
Citation 1

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Civil procedure, F.R.C.P., Rule 8, Pleading, Litigation, Affirmative Defenses, Twiqbal, Iqbal, Twombly, Shadur, Illinois, Jewish lawyers, Affirmative Defenses, Speaks for itself, Legal Conclusions, Northern District of Illinois, Seventh Circuit, Rule 1, Rule 12

4.

A New Image of the Slave Auction: An Empirical Look at the Role of Law in Slave Sales and a Conceptual Reevaluation of the Nature of Slave Property

Cardozo Law Review, Vol. 18, p. 473, November 1996
Number of pages: 52 Posted: 02 Apr 2010 Last Revised: 04 Aug 2020
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 213 (182,731)

Abstract:

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Empirical, Empiricism, Property, Hohfeld, Blackstone, Warranty, Estates in Land, Quantitative, Legal history, History, Slavery, Slave, Slave auctions, Auctions, Ideology, Sheriffs, Chancery, South Carolina, Antebellum, Trial Courts, Black Lives Matter, BLM, Slave, Ideology

5.

Review of Gary M. Lavergne, Before Brown: Heman Marion Sweatt, Thurgood Marshall, and the Long Road to Justice (University of Texas Press, 2010)

Austin American-Statesman, October 17, 2010
Number of pages: 3 Posted: 15 Oct 2010 Last Revised: 04 Nov 2010
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 91 (354,454)

Abstract:

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texas, Sweatt, Brown v. Board of Education, law, race, history, Greenhill, Lavergne, Tom Russell, law school, UT

6.

Articles Sell Best Singly: The Disruption of Slave Families at Court Sales

Utah Law Review, Vol. 1996, p. 1161-1209, 1996
Number of pages: 50 Posted: 02 Apr 2010 Last Revised: 08 Dec 2020
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 77 (391,830)

Abstract:

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Antebellum, Antiracism, Auctions, Black Lives Matter, BLM, Chancery, Empirical, Family Separation, Family, Ideology, Institutional Racism, Legal history, Quantitative, Sheriffs, Slave auctions, Slavery, South Carolina, Systemic Racism, Trial Courts,

7.

Between Town and Gown: The Rise and Fall of Restorative Justice on Boulder's University Hill

Utah Law Review, pp. 91-136, 2003
Number of pages: 46 Posted: 05 Apr 2010
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 75 (397,603)

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restorative justice, university students, student riots, riots, underage drinking, town-gown, repair, Colorado, Boulder, University of Colorado, University Hill

8.

Op-Ed: Professor's Paper Targets Klan Reference on University of Texas Dorm... And Gets Action

The Huffington Post, July 2010
Number of pages: 3 Posted: 22 Jul 2010 Last Revised: 06 Aug 2020
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 69 (416,234)

Abstract:

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Admissions, Black Lives Matter, BLM, Brown v. Board, Confederate, Integration, KKK, Klan, Dorm, Law Professor, Legal History, Monuments, Race, Racism, Reconstruction, Renaming, Segregation, Simkins Hall, Standardized Testing, Supreme Court, Sweatt v. Painter, Texas, UT, William Stewart Simkins

9.

'Keep Negroes Out of Most Classes Where There are a Large Number of Girls': The Unseen Power of the Ku Klux Klan and Standardized Testing at the University of Texas, 1899-1999

South Texas Law Review, Vol. 52, No. 1, 2010
Number of pages: 36 Posted: 30 Mar 2013 Last Revised: 04 Aug 2020
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 65 (429,475)

Abstract:

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Fisher v. University of Texas, Affirmative Action, Ku Klux Klan, Standardizes Testing, Segregation, Supreme Court, Russell, Legal History, Race, NAACP

10.

South Carolina's Largest Slave Auctioneering Firm

Chicago-Kent L. Rev., Vol. 68, pp. 1241-82, 1993
Number of pages: 42 Posted: 02 Apr 2010 Last Revised: 04 Aug 2020
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 65 (429,475)
Citation 1

Abstract:

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Antebellum, Antiracism, Auctions, Black Lives Matter, BLM, Chancery, Empirical, Family Separation, Family, Ideology, Institutional Racism, Legal history, Quantitative, Sheriffs, Slave auctions, Slavery, South Carolina, Systemic Racism, Trial Courts,

11.

Blood on the Tracks: Turn-of-the-Century Streetcar Injuries, Claims, and Litigation in Alameda County, California

U Denver Legal Studies Research Paper Forthcoming
Number of pages: 175 Posted: 08 Oct 2019 Last Revised: 24 Sep 2020
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 39 (535,290)

Abstract:

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legal history, economic history, Posner, Friedman, Horwitz, Streetcars, methods, Willard Hurst, Torts, Claims, Litigation, Disputes, Bob Dylan

12.

More Civil Wrongs: Personal Injury Litigation, 1901-1910

American Journal of Legal History, Vol. 34, p. 295, July 1990
Number of pages: 20 Posted: 02 Apr 2010 Last Revised: 06 Aug 2020
Lawrence M. Friedman and Thomas D. Russell
Stanford University - School of Law and University of Denver Sturm College of Law
Downloads 38 (540,329)

Abstract:

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Torts, Litigation, Streetcars, Empirical, Empiricism, Hurst, Trial Courts, Archival, Streetcars, Trolleys, Rail, Personal Injury, Lawyers, Courts, Oakland, Berkeley, Ambulance chasing, damages, settlement, verdict, jury, risk, danger, automobiles,

13.

Op-ed: Simkins' Own Words Dishonorable

The Post and Courier, July 2, 2010
Number of pages: 2 Posted: 12 Jul 2010 Last Revised: 08 Aug 2010
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 35 (555,814)

Abstract:

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KKK, Ku Klux Klan, William Stewart Simkins, Texas Klan Dorm, University of Texas, Austin, Texas, reconciliation, reconstruction, legal history, Brown v. Board of Education, Sweatt v Painter, Tom Russell, Thomas Russell, University of Denver

14.

The Antebellum Courthouse as Creditors' Domain: Trial-Court Activity in South Carolina and the Concomitance of Lending and Litigation

American Journal of Legal History, Vol. 40, p. 331, July 1996
Number of pages: 34 Posted: 04 Apr 2010
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 33 (566,664)
Citation 1

Abstract:

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Empirical, Empiricism, quantitative, Debt, Credit, Finance, Secured credit, Article 9, UCC, Legal history, History, Slavery, Slave, Slave auctions, Auctions, Ideology, Sheriffs, Chancery, South Carolina, Antebellum, Trial courts

15.

Car Crashes, Personal Injury Litigation, and Frivolous Defenses in Alberta and Colorado

Alberta Civil Trial Lawyers Association, The Barrister, (2021, Forthcoming)
Number of pages: 25 Posted: 08 Jul 2021 Last Revised: 23 Aug 2021
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 27 (601,887)

Abstract:

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torts, car crashes, frivolous defenses, Canada, Colorado, Alberta, comparative law, civil procedure, insurance, salmon

16.

The Shape of the Michigan River as Viewed from the Land of Sweatt v. Painter and Hopwood: Comments on Lempert, Chambers, and Adam's Study of the University of Michigan Law School's Minority Graduates

Law & Social inquiry, Vol. 25, p. 507, 2000
Number of pages: 14 Posted: 04 Apr 2010
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 22 (635,820)

Abstract:

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University of Texas, history, race, discrimination, affirmative action, segregation, Michigan, law school, minority, admissions

17.

Historical Study of Personal Injury Litigation: A Comment on Method

1 Ga. J. S. Legal Hist. 109 (Spring/Summer 1991)
Number of pages: 26 Posted: 21 Aug 2020
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 11 (717,723)

Abstract:

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torts, history, archives, empirical, trial, appellate, Schwartz, Russell, Friedman

18.

Slave Auctions on the Courthouse Steps: Court Sales of Slaves in Antebellum South Carolina

Slavery and the Law 329-64 (Paul Finkelman, ed., 1997)
Posted: 17 Aug 2020
Thomas D. Russell
University of Denver Sturm College of Law

Abstract:

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Antebellum, Antiracism, Auctions, Black Lives Matter, BLM, Chancery, Empirical, Family Separation, Family, Ideology, Institutional Racism, Legal history, Quantitative, Sheriffs, Slave auctions, Slavery, South Carolina, Systemic Racism, Trial Courts

Other Papers (2)

Total Downloads: 43
1.

Complaint: Brinkman and Burd v. Karen Long, in Her Official Capacity as Clerk and Recorder of Adams County, Colorado

Number of pages: 14 Posted: 03 Nov 2013
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 26

Abstract:

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marriage, same-sex marriage, constitutional law, equality, due process, discrimination, gender, LGBT, lesbian, gay, litigation, lawsuit, Windsor

2.

Introduction of Professor Derrick Bell at the 2003 Annual Meeting of the Law and Society Association (Pittsburgh, Pa)

Number of pages: 6 Posted: 11 Oct 2011
Thomas D. Russell
University of Denver Sturm College of Law
Downloads 17

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Derrick Bell, Ada Childress, Al Bell, Pittsburgh, Critical Race Theory, NAACP, Steelers