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Howard B. Stravitz

Title: Associate Professor of Law
School of Law
E-mail: stravihb@law.sc.edu
Phone: 803-777-6860
Fax: 803-777-2368
Office:

1525 Senate Street
Room 322
Columbia, SC 29208

Resources:

SSRN

Howard B. Stravitz

Background

Professor Stravitz has been a member of the School of Law faculty since 1983. He currently teaches Civil Procedure, Federal Courts, and Religious Legal Systems: Jewish Law. He has also taught Mass Torts, Creditors' & Debtors' Rights and an seminar on Advanced Problems in Practice & Procedure. Prior to joining the faculty, Professor Stravitz practiced law with Cleary, Gottlieb, Steen & Hamilton, an international law firm headquartered in New York City (1974–1983). After graduating in 1972 from Rutgers University School of Law-Camden, with high honors and where he was the Editor-In-Chief of the Rutgers Law Journal, he served as a law clerk to the late Honorable David N. Edelstein, then Chief Judge of the United States District Court for the Southern District of New York (1972–1974).

Professor Stravitz has written several articles on personal jurisdiction, federal subject matter jurisdiction, abstention, removal, and other practice and procedure topics. For 1989, he was the recipient of the Outstanding Faculty Publication Award. His 2002 article Recocking the Removal Trigger, 53 S.C. L. Rev. 185, was extensively cited and quoted by the Fourth Circuit in changing the timing standard for removal of multidefendant actions. Barbour v. International Union, 594 F. 3d 315, 319, 324–26 (2010). The Fourth Circuit En Banc (7–5 on the removal issue) reversed the panel and reinstated its prior rule. Barbour v. International Union, 640 F. 3d 599 (2011). Although concurring in the judgment, the separate opinion of Judge Agee (joined by Chief Judge Traxler and Judges Wilkinson, Niemeyer, and Duncan) dissented on the removal timing issue and again cited and quoted from Professor Stravitz's 2002 article. Id. at 619, 627. Professor Stravitz has been a legal consultant on many cases in both state and federal courts raising civil procedure and federal courts issues, including being Counsel of Record on one Petition for a Writ of Certiorari (personal jurisdiction) and one Brief in Opposition (subject matter jurisdiction), and second listed counsel on another Brief in Opposition (personal jurisdiction- stream of commerce).

Professor Stravitz and been a presenter, commentator, and/or moderator at numerous CLE and academic conferences, most recently at the South Carolina Bar CLE on "Electronic Discovery," April 16, 2004, at which Professor Stravitz lectured on "Legal Issues Relating to Electronic Document Preservation," for which he received the highest evaluation by attendees for his presentation and written materials. He moderated the panel discussion at the joint South Carolina Law Review - South Carolina Bar CLE "Court-Enforced Secrecy: Formation, Debate and Application of South Carolina's New Secrecy Rules," October 24, 2003. In addition Professor Stravitz has been an annual speaker at the lunch time Law School Supreme Court talks on civil procedure and federal courts decisions of the United States Supreme Court. Professor Stravitz conceived and has been the organizer of the upcoming Law Review Symposium: "Personal Jurisdiction for the Twenty-First Century: The Implications of McIntyre and Goodyear Dunlop Tires." He will be a commentator on the Panel discussing Professor Rich Freer's presentation; "The Jurisdictional Jurisprudence of Justice Brennan: Did He Really Have It His Way?" and he will moderate two panel discussions: Panel I: McIntyre- Specific Jurisdiction/Stream of Commerce) and Panel III. Counsel of Record Panel — including all five lawyers who argued the cases in the US Supreme Court.

Between 1989 and 1999, Professor Stravitz coached the law school teams in the ABA Moot Court competition. His 1989, 1991, and 1996 teams made it to the national finals, and James K. Lehman, was named the best oralist at the 1989 national finals in Washington, DC.

Education

  • B.A. (1969) Brooklyn-CUNY
  • J.D. (1972) Rutgers-Camden
  • Clerk, Hon. David N. Edelstein, Chief Judge, USDC, SDNY, 1972–74

Teaching

  • Civil Procedure (LAWS 544)
  • Federal Courts (LAWS 659)
  • Complex Civil Litigation (LAWS 710)
  • Religious Legal Systems: Jewish Law (LAWS 820)

Scholarship

  • 24 & 25, South Carolina Jurisprudence (South Carolina Rules of Civil Procedure) (Co-editor with William C. Hubbard, Esq., Nelson Mullins, Riley & Scarborough).
  • “Sayonara to Fair Play and Substantial Justice?”, 63 S.C. L. Rev. 745 (2012)
  • “Recocking the Removal Trigger”, 53 S.C. L. Rev. 185 (2002). [SSRN]
  • “Personal Jurisdiction in Cyberspace: Something More Is Required on the Electronic Stream of Commerce”, 49 S.C. L. Rev. 925 (1998).
  • “Younger Abstention Reaches a Civil Maturity: Pennzoil v. Texaco, Inc.”, 57 Fordham L. Rev. 997 (1989).