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Manageability Of Notice And Damage Calculation In Consumer Class Actions, Michigan Law Review

Michigan Law Review

This Comment will examine the likelihood that Rule 23, as it has been interpreted since its amendment, will provide a mechanism through which consumers may successfully resolve their grievances. The focus will be on the manageability problems of providing the requisite notice and of devising a method of calculation and distribution of damages.

Morrissey V. Brewer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Laird V. Tatum, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Civil Procedure—Availability Of Class Actions To Consumers For Fraudulent Misrepresentation By Seller, David A. Sands

Buffalo Law Review

Vasquez v. Superior Court of San Joaquin County, 4 Cal. 3d 800, 484 P.2d 964, 94 Cal. Rptr. 796 (1971).

Pleading--Attorney Negotiations Do Not Constitute An Appearance

West Virginia Law Review

No abstract provided.

Statutory Remedies--The Declaratory Judgment In West Virginia, David L. Palmer

West Virginia Law Review

No abstract provided.

An American Lawyer In The Queen's Courts: Impressions Of English Civil Procedure, Benjamin Kaplan

Michigan Law Review

While the words "English Civil Procedure" in the title of this lecture might suggest that there is a single English system, there are in fact a number of them. In the High Court itself, the court of general jurisdiction, a suit in Chancery Division proceeds differently from an action in Queen's Bench Division: the English have made less of a fetish of the "one form of action" than we have. Procedure in the County Courts, the courts for small-debt collection and miscellaneous claims, contrasts with those of the High Court. But Queen's Bench procedure for the staple cases of some …

Devising Procedures That Are Civil To Promote Justice That Is Civilized, Maurice Rosenberg

Michigan Law Review

In a democracy, process is king to a very large extent, and this is especially so in the judicial branch. Even though substantive laws command attention, procedural rules ensure respect. Why is this true? One powerful reason is that when people end up in court, their case typically is not a matter of right against wrong, but of right against right. Decent process makes the painful task of deciding which party will prevail bearable and helps make the decision itself acceptable.

To put my position plainly, I believe that the road to court-made justice is paved with good procedures. Later …

Social And Political Aspects Of Civil Procedure--Reforms And Trends In Western And Eastern Europe, Mauro Cappellitti

Michigan Law Review

It is my intention first to analyze the reforms accomplished in Europe in the relatively recent past. I shall then turn to the principal current problems and trends of reform. Finally, I will reflect on the intellectual and socio-political background of such reforms, problems, and trends. This approach will also give us the opportunity to discuss what kind of scholarship in the field of civil procedure is demanded today, at least in Europe but probably elsewhere as well, in order to meet the changed needs of our time.

Declaratory Remedies And Constitutional Change, David L. Dickson

Vanderbilt Law Review

The Federal Declaratory Judgment Act' has now been law for more than 36 years. The debates over whether a purely declaratory judgment can be the product of a justiciable "controversy" in the constitutional sense have long since passed away, set to rest by the language of the Act itself and by the Supreme Court's decision that the Act was authorized by the judiciary article of the Constitution. The last edition of Professor Borchard's great work, Declaratory Judgments, was published in 1941,and the most recent article analyzing the constitutional significance of the Act was published shortly before Chief Justice Warren took …

Discovery In Agency Adjudication, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.

Federal Pollution Control: Participation By States And Individuals Enhances The National Pollution Control Effort, Thomas R. Hendershot

Villanova Law Review

No abstract provided.

Creditor-Debtor Law—Wage Garnishment In Washington: A Postscript—Washington's New Garnishment Statute.—Ch. 264, Wash. Laws Of 1969 And Ch. 61, Wash. Laws Of 1970 (Rcw Ch. 7.33), Anon

Washington Law Review

The purpose of this note is to reexamine the practice of wage garnishment in Washington in light of the three major developments in the law since the Empirical Study—the enactment by Congress of the Federal Consumer Credit Protection Act, the enactment by the Washington Legislature of a new garnishment act, and the Supreme Court's decision in Sniadach v. Family Finance Corporation. The major emphasis will be on the Washington Garnishment Act, to determine how it comports with the constitutional restrictions on prejudgment garnishment set forth in Sniadach, and to measure its effectiveness as a remedy for the problems which existed …

Rule 41 (B), Federal Rules Of Civil Procedure - Is A Specifying Dismissal Order Unimpeachable? - Weissinger V. United States

Maryland Law Review

No abstract provided.

Legislation—Personal Service Of Process—Has The Legislature Gone Far Enough?, John C. Spitzmiller

Buffalo Law Review

No abstract provided.

Federal Rule 23(B) (3) (D): The Manageability Requirement In The Treble Damage Consumer Class Action - City Of Philadelphia V. American Oil Co.

Maryland Law Review

No abstract provided.

Due Process And The Harsher Penalty After Appeal-An Unwarranted Extension Of Pearce

University of Richmond Law Review

At common law there was no "right" to an appeal. Such a "right" could only be established by legislative enactment. The statutes creating a right to an appeal brought with them the problems of determining the constitutional protections that must be afforded this right. Much controversy has centered around one such problem, that of the constitutionality of imposing a more stringent sentence on a defendant after he has successfully appealed and attained a new trial.

The Role Of Eyewitness Accounts In Establishing Probable Cause For The Issuance Of Search Warrants

University of Richmond Law Review

The legality of entry gained through the use of a search warrant is dependent upon the legality of the means used to obtain the warrant. To justify the issuance of a search warrant the affiant must show the existence of probable cause.

Right To Counsel In Virginia

University of Richmond Law Review

The sixth amendment guarantees to an accused the right to assistance of counsel, and this right is extended to state prosecutions through the Due Process clause of the fourteenth amendment. The Supreme Court has interpreted this right to include steps in the proceeding before the trial itself has commenced. In United States v. Wade and Gilbert v. California the Court held post-indictment confrontations for identification purposes to be "critical stages" of the proceedings at which the accused is entitled to the presence of counsel.' Although in both cases the confrontations took place after indictment, the Court indicated that any pretrial …

The Innkeeper's Lien And Due Process

University of Richmond Law Review

The problems associated with human mobility require constant testing and refining of the principles embodied in our common and statutory law. Furthermore, there has developed an increasing concern for the rights of the economically disadvantaged individual in contemporary America. The compound problems of the mobile poor have been partly resolved by the application of the due process clause of the Fourteenth Amendment to them.

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.

Statutory Pollution Control In Pennsylvania, Edward R. Paul, Michael J. Shepard

Villanova Law Review

No abstract provided.

The Pennsylvania Long-Arm: An Analytical Justification, Thomas B. Erekson

Villanova Law Review

No abstract provided.

The Law Of The Case Doctrine In Kentucky, Michael Mcgraw

Kentucky Law Journal

No abstract provided.