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Articles 1 - 30 of 35
Full-Text Articles in Law
Notice By Citizen Plaintiffs In Environmental Litigation, Michigan Law Review
Notice By Citizen Plaintiffs In Environmental Litigation, Michigan Law Review
Michigan Law Review
This Note evaluates judicial handling of citizen suits tainted by defective notice. After reviewing the legislative history of the citizen suit provisions, the Note presents an array of judicial responses to defective notice and classifies decisions by their stringency in applying the notice provision. In the final section, the Note argues that Congress's purpose in requiring notice should determine the limits of judicial tolerance of defective notice. It concludes that courts should dismiss citizen suits unless actual notice of intent to sue, whether or not in the form specified by EPA regulations, was given sixty days before the filing of …
Court Examination Of The Discovery File On A Motion For Summary Judgment, Michigan Law Review
Court Examination Of The Discovery File On A Motion For Summary Judgment, Michigan Law Review
Michigan Law Review
This Note examines the history and ambiguous language of rule 56 to determine whether courts have a duty to examine the discovery file before granting a summary judgment. Section I discusses courts' differing interpretations of the rule. Section II shows that the Supreme Court Advisory Committee which drafted the rule contemplated that courts would examine routinely filed discovery materials when considering a motion for summary judgment. Section III concludes, however, that the expansion of pre-trial discovery since the enactment of the federal rules renders such a trial court duty inconsistent with the drafters' intent that the rules "be construed to …
Survey Of Developments In West Virginia Law: 1980
Survey Of Developments In West Virginia Law: 1980
West Virginia Law Review
No abstract provided.
Due Process Requires Notice Before Individual Monetary Claims Of Absent Class Members Are Barred By Res Judicata., Teresa Agnes Hunter
Due Process Requires Notice Before Individual Monetary Claims Of Absent Class Members Are Barred By Res Judicata., Teresa Agnes Hunter
St. Mary's Law Journal
Abstract Forthcoming.
Essay--Prejudgment Attachments And The Concept Of The Neutral Magistrate: A Tale Of Two Cases, James Audley Mclaughlin
Essay--Prejudgment Attachments And The Concept Of The Neutral Magistrate: A Tale Of Two Cases, James Audley Mclaughlin
West Virginia Law Review
No abstract provided.
An American Enforcement Model Of Civil Process In A Canadian Landscape, Bruce H. Wildsmith
An American Enforcement Model Of Civil Process In A Canadian Landscape, Bruce H. Wildsmith
Dalhousie Law Journal
One general perspective from which to view the Anglo-American legal system shared by Canada is that proposed by Charles Darwin to explain the origin and diversity of biologically distinct species. Darwin's theory of evolution places emphasis upon the adjustment or adaptation over time of biological characteristics to environmental factors by the selection of genetically determined features enabling the most suited to their surroundings to better thrive - the so-called "survival of the fittest".' Law might usefully be thought of as bearing an analogous relationship to the social environment in which it exists and must operate. As this milieu for various …
Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton
Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton
St. Mary's Law Journal
Abstract Forthcoming.
Procedural Aspects Of Settlement: An Overview Of Texas Law Lawyer's Forum - Settlements - New Perspectives., J. Hadley Edgar
Procedural Aspects Of Settlement: An Overview Of Texas Law Lawyer's Forum - Settlements - New Perspectives., J. Hadley Edgar
St. Mary's Law Journal
Abstract Forthcoming.
Collateral Estoppel And Supreme Court Disposition Of Moot Cases, Michigan Law Review
Collateral Estoppel And Supreme Court Disposition Of Moot Cases, Michigan Law Review
Michigan Law Review
In response to the Government's novel proposal in Velsicol, this Note reconsiders the procedures by which the Supreme Court could dispose of moot cases. Section I examines the collateral estoppel effects of the Supreme Court's present procedure and the Government's proposal in Velsicol. Section II concludes that both procedures afford excessive protection from collateral estoppel because they misconceive the purpose of Supreme Court review. The Note suggests that, when faced with a moot federal petition for certiorari, the Supreme Court should either deny the petition or, if certiorari has already been granted, dismiss the case.
Civil Procedure–Collateral Estoppel–Offensive Use Of Equity Finding Allowed In Subsequent Law Action, Christopher John Heller
Civil Procedure–Collateral Estoppel–Offensive Use Of Equity Finding Allowed In Subsequent Law Action, Christopher John Heller
University of Arkansas at Little Rock Law Review
No abstract provided.
Jury Instructions V. Jury Charges, J. Patrick Jones
Jury Instructions V. Jury Charges, J. Patrick Jones
West Virginia Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1979
Survey Of Developments In West Virginia Law: 1979
West Virginia Law Review
No abstract provided.
Reasonable Diligence By A Judgment Creditor To Discover A Debtor's Fraudulent Concealment Of Assets Avoids Limitations Governing Issuance Of Executions And Revival Of Judgments., J. Randall Grimes
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Law-Civil Procedure-Implied Cause Of Action-Extending Bivens To The Fifth Amendment-Davis V. Passman, 442 U.S. 228 (1979)
BYU Law Review
No abstract provided.
The Standing Doctrine: A Dialogue Between The Court And Congress, Daan Braveman
The Standing Doctrine: A Dialogue Between The Court And Congress, Daan Braveman
Cardozo Law Review
No abstract provided.
Is Ordeal By Discovery Over - Discovery By Telephone And Conference: New Pretrial Techniques Considered For The District Courts Adopted By The United States Customs Court, 13 J. Marshall L. Rev. 225 (1980), Joel M. Wachs
UIC Law Review
No abstract provided.
Katz V. Eli Lilly & (And) Co.: Limitation Of Collateral Estoppel In Products Liability Litigation, 14 J. Marshall L. Rev. 201 (1980), Steven Polick
Katz V. Eli Lilly & (And) Co.: Limitation Of Collateral Estoppel In Products Liability Litigation, 14 J. Marshall L. Rev. 201 (1980), Steven Polick
UIC Law Review
No abstract provided.
The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
Cleveland State Law Review
The American judicial system must necessarily rely on a steady flow of dispositions of cases by settlement lest it collapse because of a demand for trials beyond the ability of the courts to try cases. Settlements are achieved through a variety of procedures and techniques, yet many cases result in trials because of the uncertainty about prospective juror perceptions that pervades settlement discussions. Summary trial helps to eliminate this element of uncertainty and, at the same time, provides an additional basis for settlement of cases otherwise committed to trial. This is not to suggest that trial is to be avoided …
Causation As A Standing Requirement: The Unprincipled Use Of Judicial Restraint, Gene R. Nichol Jr.
Causation As A Standing Requirement: The Unprincipled Use Of Judicial Restraint, Gene R. Nichol Jr.
Kentucky Law Journal
No abstract provided.
Private Causes Of Action From Federal Statutes: A Strict Standard For Implication By Sole Reliance On Legislative Intent, William Francis Drewry Gallalee
Private Causes Of Action From Federal Statutes: A Strict Standard For Implication By Sole Reliance On Legislative Intent, William Francis Drewry Gallalee
University of Richmond Law Review
The implication doctrine allows a federal court to create a private cause of action from a federal statute that does not expressly provide for a private remedy. In Cort v. Ash, the Supreme Court articulated a four factor test to determine when this doctrine should be utilized. This comment will provide a brief history of the implication doctrine and of the major Supreme Court decisions that culminated in the Cort test. Relevant Supreme Court decisions after Cort,will then be examined to reveal a new, more restrictive approach to implication. Finally, reasons will be advanced that justify this stricter approach.
The Long Arm Of Federal Courts: Domestic Jurisdiction On The High Seas
The Long Arm Of Federal Courts: Domestic Jurisdiction On The High Seas
Washington and Lee Law Review
No abstract provided.
Recent Trends In The Enforcement Of Discovery: Sanctions In The Federal Courts And In Illinois, Maryann C. Hayes
Recent Trends In The Enforcement Of Discovery: Sanctions In The Federal Courts And In Illinois, Maryann C. Hayes
Loyola University Chicago Law Journal
No abstract provided.
Discovery And The Work Product Doctrine, Vivian K. Yamaguchi
Discovery And The Work Product Doctrine, Vivian K. Yamaguchi
Loyola University Chicago Law Journal
No abstract provided.
Court-Ordered Mental And Physical Examinations: A Survey Of Federal Rule 35 And Illinois Rule 215, Paula M. Becker
Court-Ordered Mental And Physical Examinations: A Survey Of Federal Rule 35 And Illinois Rule 215, Paula M. Becker
Loyola University Chicago Law Journal
No abstract provided.
Administrative Law - Internal Revenue Service (Irs) Summons Enforcement - When An Irs Investigation Has Been Coordinated By A Justice Department Strike Force, The District Court Must Determine That Each Summons Issued Was Not Used For An Improper Criminal Investigation Purpose, Angela Baker
Villanova Law Review
No abstract provided.
Kentucky Law Survey: Civil Procedure, John H. Garvey, Beth Pederson Doutt
Kentucky Law Survey: Civil Procedure, John H. Garvey, Beth Pederson Doutt
Kentucky Law Journal
No abstract provided.
The Status Of The Third Party Confession In Virginia: In Search Of A Trustworthiness Standard, Donna J. Katos
The Status Of The Third Party Confession In Virginia: In Search Of A Trustworthiness Standard, Donna J. Katos
University of Richmond Law Review
The issue of third party confessions generates great controversy. The basic inquiry is, should confessions allegedly uttered by persons other than the defendant be admitted into evidence in a criminal trial? If so, under what conditions? How much discretion should a trial judge be afforded in determining whether this evidence should be admitted to exculpate a person charged with murder, armed robbery, or rape? Should the trial judge or the jury determine the reliability of the witness, the declarant, or the content of the confession itself? These considerations, in addition to due process arguments, have troubled criminal courts, legislators, and …
Dual Citizenship And Federal Diversity Jurisdiction Under 28 U.S.C. § 1332: Sadat V. Mertes, 615 Fd 1176 (7th Cir. 1980), Patricia Lynn Gatling
Dual Citizenship And Federal Diversity Jurisdiction Under 28 U.S.C. § 1332: Sadat V. Mertes, 615 Fd 1176 (7th Cir. 1980), Patricia Lynn Gatling
Maryland Journal of International Law
No abstract provided.
The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
The Summary Jury Trial, Thomas D. Lambros, Thomas H. Shunk
Cleveland State Law Review
The American judicial system must necessarily rely on a steady flow of dispositions of cases by settlement lest it collapse because of a demand for trials beyond the ability of the courts to try cases. Settlements are achieved through a variety of procedures and techniques, yet many cases result in trials because of the uncertainty about prospective juror perceptions that pervades settlement discussions. Summary trial helps to eliminate this element of uncertainty and, at the same time, provides an additional basis for settlement of cases otherwise committed to trial. This is not to suggest that trial is to be avoided …