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The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson Jan 2006

The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson

Law Faculty Publications

This article describes the separation of common law and equity in Virginia leading up to the 2006 merger of common law and equity pleading and the problems that remain to be solved by the courts.


Appellate Review Of Discovery Orders In Federal Court: A Suggested Approach For Handling Privilege Claims, Cassandra Burke Robertson Jan 2006

Appellate Review Of Discovery Orders In Federal Court: A Suggested Approach For Handling Privilege Claims, Cassandra Burke Robertson

Faculty Publications

The federal circuit courts of appeals have generally recognized that a party suffers real hardship when the district court erroneously orders it to disclose privileged information. Review of the disclosure order after final judgment is usually an insufficient remedy; once the information has been disclosed, it can never again be fully confidential. Consequently, the courts have struggled to provide a mechanism by which such orders can be immediately appealed. However, privilege orders presenting novel questions of law or issues of first impression do not clearly fit within the doctrinal requirements of the most common methods of interlocutory review. Appellate courts …


Sources Of Price Discovery In The Australian Dollar Currency Market, Alex Frino, Elvis Jarnecic, Andrew S. Tan, Maxwell Stevenson Jan 2006

Sources Of Price Discovery In The Australian Dollar Currency Market, Alex Frino, Elvis Jarnecic, Andrew S. Tan, Maxwell Stevenson

Faculty of Commerce - Papers (Archive)

This paper examines the source of price discovery in the Australian Dollar currency market. The time-varying relationship between changes in quotes posted by cash market dealers and changes in currency futures quotes is estimated. The cash market quotations identifY the eleven dealers posting the quotes, as well as geographical location of the dealers (Australia or overseas). Reported results show that price discovery originates in the cash market in any trading period. Amongst CUlTency dealers, the results imply that local desks are price leaders during Australian trading hours. Though some foreign desks do contribute to price discovery during the European and …


Just Say 'No Fishing': The Lure Of Metaphor, Elizabeth G. Thornburg Jan 2006

Just Say 'No Fishing': The Lure Of Metaphor, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

The phrase "fishing expedition" is widely used in popular culture and in the law. In the case of metaphorical "fishing" in the law, reliance on the metaphor can act as a substitute for rigorous analysis, disguising the factors that influence a result. When used by the court, it is uninformative. Worse, the fishing metaphor may itself shape the way the court thinks about the kind of issue or claim involved. Accusations of "fishing" also affect the language and position of the litigants. Parties arguing against pleadings or discovery use the metaphor as a rhetorical weapon, stigmatizing their opponents, instead of …


Through The Looking-Glass At The Brady Doctrine: Some New Reflections On White Queens, Hobgoblins, And Due Process, Eugene Cerruti Jan 2006

Through The Looking-Glass At The Brady Doctrine: Some New Reflections On White Queens, Hobgoblins, And Due Process, Eugene Cerruti

Articles & Chapters

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