Law Commons^™

The Federal Rules In State Courts: A Survey Of State Court Systems Of Civil Procedure, John B. Oakley, Arthur F. Coon

Washington Law Review

In this article we present a new survey of the civil procedures of the fifty states and the District of Columbia. We seek to identify those jurisdictions that have systematically replicated the Federal Rules as the basis for practice before their civil courts. We also seek to identify states whose civil procedures are more loosely modeled on the Federal Rules, paying special attention to each state's procedural disparity from or conformity to the federal model for the pleading of a civil case.

Discretionary Review Of Trial Court Decisions Under The Washington Rules Of Appellate Procedure, Geoffrey Crooks

Washington Law Review

The Washington Rules of Appellate Procedure (RAP) became effective July 1, 1976. These rules completely replaced all prior rules governing appellate procedure. Among the most important changes from prior practice was the creation of discretionary review as one of only two methods for seeking review of trial court decisions. The former procedures for seeking review, particularly interlocutory review, "by extraordinary writs of review, certiorari, mandamus, prohibition, and other writs formerly considered necessary and proper to the complete exercise of appellate and revisory jurisdiction," were superseded. The drafters' comment explains that the intent behind this change was to simplify and clarify …

Terry White: A Two-Front Negotiation Exercise, Philip G. Schrag

West Virginia Law Review

No abstract provided.

The Modern Status Of The Rules Permitting A Judge To Punish Direct Contempt Summarily, Teresa S. Hanger

William & Mary Law Review

No abstract provided.

Rule 4: Service By Mail May Cost You More Than A Stamp, Ann Varnon Crowley

Indiana Law Journal

No abstract provided.

Burger King Corp. V. Rudzewicz, 105 S. Ct. 2174 (1985), Robert C. Shearman

Florida State University Law Review

Civil Procedure-PERSONAL JURISDICTION-DUE PROCESS LIMITS THE REACH OF FLORIDA'S LONG-ARM STATUTE IN BRINGING CONTRACT DEFENDANTS TO THE HOME OF THE WHOPPER

Civil Procedure, Kenneth Kandaras, Catherine Wozniak

Loyola University Chicago Law Journal

No abstract provided.

Proposals To Amend Rule 68- Time To Abandon Ship, Stephen B. Burbank

University of Michigan Journal of Law Reform

It is no surprise that, having included "facilitating the settlement of the case" as one of the objectives of pretrial conferences in the 1983 amendments to Rule 16 of the Federal Rules of Civil Procedure, the Advisory Committee has turned its attention to Rule 68. The Rule was intended to provide an incentive to settle by requiring that a prevailing claimant who has declined a more favorable offer of judgment pay post-offer "costs." But, in the Advisory Committee's view, Rule 68 has proved ineffective. The concern, apparently, is not that too few civil cases filed in federal court are settled-less …

Extraterritorial Discovery Under The Hague Evidence Convention, Marguerite E. Trossevin

Villanova Law Review

No abstract provided.

Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones

University of Richmond Law Review

Since the last report, administrative law in Virginia has continued to develop on both the legislative and judicial fronts. This year's General Assembly enacted amendments to the state's administrative procedure statute which embody the third and final round of recommendations by the Governor's Regulatory Reform Advisory Board. The major changes were the standardization of procedures for obtaining judicial review of state agency action and the embodiment in statute of a corps of independent hearing officers.

Note: This submission also includes a small preface from the Law Review Editorial Staff.

Casenotes: Constitutional Law — Civil Procedure — Landlord And Tenant — Rent Escrow Statute Requiring Payment Into Escrow Of Accrued Rents Pursuant To Demand For Jury Trial In Summary Eviction Proceeding Is An Unconstitutional Infringement Of The Right To Jury Trial — Lucky Ned Pepper's Ltd. V. Columbia Park & Recreation Ass'n, 64 Md. App. 222, 494 A.2d 947 (1985), David J. Weymer

University of Baltimore Law Review

No abstract provided.

Federal Marital Privileges In A Criminal Context: The Need For Further Modification Since Trammel The

Washington and Lee Law Review

No abstract provided.

Aronson And Its Progeny: Limiting Derivative Actions Through Demand Requirements, 19 J. Marshall L. Rev. 571 (1986), Andrew Emerson

UIC Law Review

No abstract provided.

Practice And Procedure Under Amended Rule 11 Of The Federal Rules Of Civil Procedure, Kevin P. Roddy, William Woodward Webb

Campbell Law Review

The purpose of this article is to explore the substantive provisions of amended Rule 11 and its historic antecedents, the procedure by which sanctions may be sought and/or imposed, the sanctions which the court may impose and the persons upon whom the sanctions can be imposed.

Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson

University of Richmond Law Review

This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1985 and May 1986. This article also comments on cases in volumes three and four of Virginia Circuit Court Opinions, many of which were decided before 1985, but it is appropriate to mention them here since they were only recently made generally available through publication.

Post-Conviction In Maryland: Past, Present And Future, Edward A. Tomlinson

Maryland Law Review

No abstract provided.

The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig

Touro Law Review

No abstract provided.

Appellate Review Of Unclear State Law In The Ninth Circuit After In Re Mclinn, Daniel L. Brewster

Seattle University Law Review

In McLinn, the Ninth Circuit significantly departed from the practice of the other circuits, and from its own prior practice, when it rejected the deferential standard of review normally applied to a federal district court's interpretation of state law. This Note discusses the Ninth Circuit's decision in McLinn and examines the deferential standard employed in the other circuits and in the United States Supreme Court. The Note takes the position that McLinn was correct in rejecting the former practice of accepting a district court's interpretations of state law unless clearly wrong, but that McLinn went too far in holding …

Burger King Corporation V. Rudzewicz: The Minimum Contacts Test Meets The Modern-Day Franchise Agreement, 20 J. Marshall L. Rev. 169 (1986), Valerie Ann Hall

UIC Law Review

No abstract provided.

Civil Procedure - Federal District Courts Have Inherent Power To Sanction Attorneys For Abuse Of The Judicial Process, Carolyn L. Dessin

Villanova Law Review

No abstract provided.

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

Civil Procedure, Bradley R. Oldaker

West Virginia Law Review

No abstract provided.

The Opportunity To Be Heard And The Doctrines Of Preclusion: Federal Limits On State Law, William V. Luneburg

Villanova Law Review

No abstract provided.

Pendant Party Jurisdiction And Section 1983: When Has Congress "By Implication Negated" Jurisdiction?, Peter E. Schomer

Fordham Urban Law Journal

This Note discusses how many lower federal courts, in deciding when to allow state claims to be brought in federal court under the doctrine of pendant party jurisdiction, have interpreted the Supreme Court's "Aldinger test" in a far more restrictive manner than what the Supreme Court had intended. Additionally, the Note traces the history of the doctrines of pendant jurisdiction, pendant party jurisdiction and ancillary jurisdiction. The Note also discusses of the dispute raging about the actual validity of pendant party jurisdiction, ,focusing particularly on section 1983 cases. In conclusion, the Note articulates the process and analysis a court must …

For Every Weapon, A Counterweapon: The Revival Of Rule 68, John P. Woods

Fordham Urban Law Journal

Rule 68 of the Federal Rules of Civil Procedure applies generally where a non-moving party's settlement offer is rejected, and the court judgment awarded to the moving party, or claimant, is for less than the prior offer. The non-moving party may then be entitled to "costs incurred after the making of the offer." In Marek v. Chesny, the Court made it clear that "costs" includes attorney's fees. Congress should consider revising Rule 68 to clarify its application. However, Rule 68 appropriately induces plaintiffs to thoroughly consider a defendant's offer, under threat that rejection of the offer may include reducing attorney's …

The Pattern Requirement Of Civil Rico, Jamie Middleton Clark

Kentucky Law Journal

No abstract provided.