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Rethinking Removal And "Relates To": International Arbitration Disputes And The N.Y. Convention, Holly Wilson
Rethinking Removal And "Relates To": International Arbitration Disputes And The N.Y. Convention, Holly Wilson
University of Richmond Law Review
Part I explores the historical roots of the Convention,
discusses the evolution of its removal provisions, and explains how
it functions in the district courts today. Part II addresses the arguments
in favor of reverting to the Ruhrgas standard. This article
demonstrates that the current judicial interpretation of the Convention's
removal provisions under Beiser is too broad and that the
stricter construction under Ruhrgas should be re-adopted. Part II
examines three key reasons why the current Beiser standard is unworkable:
the current standard (1) leads to absurd results, (2) disrespects
notions of federalism and strains comity, and (3) in conjunction …
When Is It Necessary For Corporations To Be Essentially At Home?: An Exploration Of Exceptional Cases, Priscilla Heinz
When Is It Necessary For Corporations To Be Essentially At Home?: An Exploration Of Exceptional Cases, Priscilla Heinz
University of Richmond Law Review
No abstract provided.
Civil Practice And Procedure, John R. Walker, Jaime B. Wisegarver
Civil Practice And Procedure, John R. Walker, Jaime B. Wisegarver
University of Richmond Law Review
No abstract provided.
Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod
Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod
University of Richmond Law Review
This article surveys recent significant developments in Virginia civil practice and procedure. Specifically, the article discusses opinions of the Supreme Court of Virginia from June 2010through June 2011 addressing civil procedure topics; significant amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during its 2011 session that relates to civil practice.
Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore
Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore
University of Richmond Law Review
Despite its widespread and long-standing recognition as a valuable docket-control device, the bifurcation of issues in civil trials has generated considerable debate among legal scholars and judges. The state and federal courts both utilize bifurcation, andthe Supreme Court of Appeals in Virginia recognized the advantages of the procedural device as early as 1915. Nonetheless, authority for the bifurcation of issues in civil trials in Virginia has remained clouded. The Supreme Court of Virginia lifted at least some of the clouds when it decided Allstate Insurance Co. v. Wade, thereby rejecting the position taken in an amicus curiae brief filed …