Faculty & Administration View All
Jay Tidmarsh
Professor of Law
Office Number: 208 Law School
Telephone: 574.631.6985
Fax: 574.631.4197
Email: Jay.H.Tidmarsh.1@nd.edu
Staff Assistant:
Ann McGuigan Jones
Jay Tidmarsh, an expert in complex civil litigation, joined the faculty of the Notre Dame Law School in 1989 as an associate professor of law. He has also served as a Visiting Professor of Law at Harvard Law School and Michigan Law School. He earned his A.B. from Notre Dame in 1979 and his J.D. from Harvard in 1982. A member of the Wisconsin Bar since 1982, he practiced law as a trial attorney with the Torts Division of the U.S. Department of Justice in Washington, D.C., from 1982 to 1989, where he handled aspects of the Agent Orange and Love Canal litigations along with other environmental torts, professional malpractice, and injuries caused by governmental contractors. He is a member of Phi Beta Kappa.
His areas of academic interest include civil procedure, complex civil litigation, federal courts, civil rights, remedies, and torts. He has served as reporter to the Advisory Group on the Civil Justice Reform Act for the Northern District of Indiana (1990-93) and on the Advisory Committee for the Local Rules of Procedure for the Northern District of Indiana (since 1990). He is a member of the American Law Institute (since 1998), served as Chair of the AALS Section on Civil Procedure in 2001, and is presently Chair of the Section’s Mentoring Committee.
LAW60307, Constitutional Law
LAW60308, Civil Procedure
LAW60901, Torts
LAW70305, Constitutional Law II
LAW70316, Complex Civil Litigation
Faculty Expertise Areas
- Civil procedure
- Complex civil litigation
- Environmental torts
Books
Civil Procedure, with Thomas D. Rowe, Jr. & Suzanna Sherry (Foundation Press 2d ed. 2008).
Civil Procedure: Essentials, with Suzanna Sherry (Wolters Kluwer 2007).
Civil Procedure, with Thomas D. Rowe, Jr. & Suzanna Sherry (Foundation Press 2004).
Complex Litigation: Problems in Advanced Civil Procedure, with Roger H. Trangsrud (Foundation Press 2002).
Complex Litigation and the Adversary System, with Roger H. Trangsrud (Foundation Press 1998); and Supplement (Foundation Press 2000).
Mass Tort Settlement Class Actions: Five Case Studies (Federal Judicial Center 1998).
Book Chapters
The Story of Hansberry: The Rise of the Modern Class Action, in Civil Procedure Stories 233-294 (Kevin M. Clermont ed., Thomson-West 2008).
Hansberry v. Lee: The Foundation of Modern Class Actions, in Civil Procedure Stories 217-79 (Kevin M. Clermont ed., Foundation Press 2004).
Mandatory Prediscovery Disclosure in the Northern District of Indiana, in Mandatory Prediscovery Disclosure: A First Look, at tab 8 (M.B. Thaler and E. Ward eds., American Bar Association 1994).
Articles
“The Dean of Chicago’s Black Lawyers”: Earl Dickerson and Civil Rights Lawyering in the Year Before Brown, 93 Virginia L. Rev. 1355 (2007). (with Stephen Robinson).
Pound’s Century, and Ours, 81 Notre Dame L. Rev. 513 (2006).
A Theory of Federal Common Law, with Brian J. Murray, 100 N.W. U. L. Rev. 585 (2006).
A Dialogic Defense of “Alden,” 75 Notre Dame Law Review 1161 (2000).
Looking Forward, 1 Sedona Conference Journal 1 (2000).
Whitehead’s Metaphysics and the Law: A Dialogue, 62 Albany Law Review 1 (1998).
Civil Procedure: The Last Ten Years, 46 Journal of Legal Education 503 (1996).
A Process Theory of Torts, 51 Washington & Lee Law Review 1313 (1994).
Tort Law: The Languages of Duty, 25 Indiana Law Review 1419 (1992).
Unattainable Justice: The Form of Complex Litigation and the Limits of Judicial Power, 60 George Washington Law Review 1683 (1992).
Book Review
80 J. Relig. 702 (2000).
Reports
Mass Tort Settlement Class Actions: Five Case Studies and Their Policy Implications (Federal Judicial Center 1998).
Report of the Advisory Group on the Reduction of Cost and Delay in Civil Cases, with the Honorable Robert L. Miller Jr. (1991).
Congressional Testimony
Ricky Ray Hemophilia Relief Fund Act: Hearing on H.R. 1023 Before the House Committee on the Judiciary, Subcommittee on Immigration and Claims, 104th Cong. (1996).

