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- Federal Rules of Civil Procedure (8)
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- Washington and Lee Law Review (5)
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Articles 1 - 30 of 36
Full-Text Articles in Law
Ex Parte Interviews With Enterprise Employees: A Post-Upjohn Analysis, Louis A. Stahl
Ex Parte Interviews With Enterprise Employees: A Post-Upjohn Analysis, Louis A. Stahl
Washington and Lee Law Review
No abstract provided.
Studying Civil Litigation Through The Class Action, Bryant G. Garth
Studying Civil Litigation Through The Class Action, Bryant G. Garth
Indiana Law Journal
No abstract provided.
Adjudicatory Jurisdiction And Class Actions, Diane P. Wood
Adjudicatory Jurisdiction And Class Actions, Diane P. Wood
Indiana Law Journal
No abstract provided.
Class Actions And Duplicative Litigation, Edward F. Sherman
Class Actions And Duplicative Litigation, Edward F. Sherman
Indiana Law Journal
No abstract provided.
Rethinking The Class Action: A Policy Primer On Reform, John C. Coffee Jr.
Rethinking The Class Action: A Policy Primer On Reform, John C. Coffee Jr.
Indiana Law Journal
No abstract provided.
A Proposal To View Patent Claim Nonobviousness From The Policy Perspective Of Federal Rule Of Civil Procedure 52(A), Bradley G. Lane
A Proposal To View Patent Claim Nonobviousness From The Policy Perspective Of Federal Rule Of Civil Procedure 52(A), Bradley G. Lane
University of Michigan Journal of Law Reform
This Note analyzes the scope of appellate review that should be accorded to a trial judge's determination of nonobviousness. Part I details the condition of nonobviousness and how it has evolved into the principal obstacle to patentability. Part II analyzes the Supreme Court and appellate precedents on the scope of review on this issue. Part III evaluates the policy underpinnings of Rule 52(a) and applies a two-pronged analysis to the nonobviousness requirement to determine whether the clearly erroneous standard of review is appropriate. This Note concludes that the treatment of the nonobviousness determination as a question of law cannot be …
The Excessive History Of Federal Rule 15(C) And Its Lessons For Civil Rules Revision, Harold S. Lewis Jr.
The Excessive History Of Federal Rule 15(C) And Its Lessons For Civil Rules Revision, Harold S. Lewis Jr.
Michigan Law Review
This case study of one Federal Rule of Civil Procedure is designed to suggest affirmative answers to these questions. My focus is on the surprisingly extensive body of case law, culminating in the Supreme Court's 1986 decision in Schiavone v. Fortune, that parses the second sentence of Federal Rule 15(c). Added in 1966, that sentence attempts to set standards for the relation back of party-changing amendments to pleadings. A more prototypically pedestrian, less prepossessing topic of the traditionalist type could scarcely be imagined. Yet a review of its history brings larger points into sharp relief: something is seriously amiss in …
Alleging Demand Futility In Federal Court
Alleging Demand Futility In Federal Court
Washington and Lee Law Review
No abstract provided.
The Costs Of Complexity, Stephen B. Burbank
The Costs Of Complexity, Stephen B. Burbank
Michigan Law Review
A Review of Complex Litigation: Cases and Materials on Advanced Civil Procedure by Richard L. Marcus and Edward F. Sherman
Discovery In State And Federal Smcra Proceedings, G. Daniel Kelley Jr., Stephen M. Terrell
Discovery In State And Federal Smcra Proceedings, G. Daniel Kelley Jr., Stephen M. Terrell
West Virginia Law Review
No abstract provided.
Burying (With Kindness) The Felicific Calculus Of Civil Procedure, Linda S. Mullenix
Burying (With Kindness) The Felicific Calculus Of Civil Procedure, Linda S. Mullenix
Vanderbilt Law Review
On January 2, 1986, Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit announced to an astonished legal profession, not to mention the unsuspecting attorneys-of-record, that, in the future, the Seventh Circuit would decide whether to grant or deny a preliminary injunction by applying the following simple formula:
P x Hp > (1-P) x Hd
With one fell swoop of his algebraic-judicial pen, Judge Posner not only stirred the deepest math anxieties of the practicing bar, but revolutionized preliminary injunction law. Despite Judge Posner's protestations that his simple formula was not "offered as a new legal …
Jury Instructions For Civil And Criminal Rico Cases Approved By: Rico Cases Committee, Criminal Justice Section Of The American Bar Association
BYU Law Review
No abstract provided.
Offensive Collateral Estoppel In Kentucky: A Deadly Weapon Or A Paper Tiger?, Howard E. Frasier Jr.
Offensive Collateral Estoppel In Kentucky: A Deadly Weapon Or A Paper Tiger?, Howard E. Frasier Jr.
Kentucky Law Journal
No abstract provided.
Controlling The Civil Jury: Towards A Functional Model Of Justification, Pamela J. Stephens
Controlling The Civil Jury: Towards A Functional Model Of Justification, Pamela J. Stephens
Kentucky Law Journal
No abstract provided.
A Judicial Perspective On Expert Discovery Under Federal Rule 26(B)(4): An Empirical Study Of Trial Court Judges And A Proposed Amendment, 20 J. Marshall L. Rev. 377 (1987), David S. Day, Charvin Dixon
A Judicial Perspective On Expert Discovery Under Federal Rule 26(B)(4): An Empirical Study Of Trial Court Judges And A Proposed Amendment, 20 J. Marshall L. Rev. 377 (1987), David S. Day, Charvin Dixon
UIC Law Review
No abstract provided.
Constitutional Law - Protective Orders Prohibiting Publication Of Information Obtained Through Discovery, Joseph A. Almeida
Constitutional Law - Protective Orders Prohibiting Publication Of Information Obtained Through Discovery, Joseph A. Almeida
Villanova Law Review
No abstract provided.
Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson
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 1986 and May 1987. This article also comments on cases in volumes five through eight of Virginia Circuit Court Opinions, many of which were decided before 1986. It is appropriate to mention them here since they were only recently made generally available through publication. In order to facilitate the discussion of numerous Virginia Code sections, they will be referred to in …
Rent Control Price Fixing: Another Look At The Emperor's New Clothes, Robert N. Markle
Rent Control Price Fixing: Another Look At The Emperor's New Clothes, Robert N. Markle
Touro Law Review
No abstract provided.
Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch
Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch
Touro Law Review
No abstract provided.
Proof Of Claim Forms And Discovery Of Absent Class Members: Violations Of Rule 23 Policy Or Essential Devices?
Washington and Lee Law Review
No abstract provided.
Fairness And Feres: A Critique Of The Presumption Of Injustice, Joan M. Bernott
Fairness And Feres: A Critique Of The Presumption Of Injustice, Joan M. Bernott
Washington and Lee Law Review
No abstract provided.
Whether Disclosure Of Work Product To A Witness In Preparation For Testifying Waives The Protection Of Federal Rule Of Civil Procedure 26(B)(3), Gene Lynn Humphreys
Whether Disclosure Of Work Product To A Witness In Preparation For Testifying Waives The Protection Of Federal Rule Of Civil Procedure 26(B)(3), Gene Lynn Humphreys
Kentucky Law Journal
No abstract provided.
Statutes Of Limitation And Section 1983: Implications For Illinois Civil Rights Law, 20 J. Marshall L. Rev. 415 (1987), Brian Kibble-Smith
Statutes Of Limitation And Section 1983: Implications For Illinois Civil Rights Law, 20 J. Marshall L. Rev. 415 (1987), Brian Kibble-Smith
UIC Law Review
No abstract provided.
Civil Procedure - Discovery Of Medical Records In A Corporate Negligence Action - Shelton V. Morehead Memorial Hospital, G. Bruce Park
Civil Procedure - Discovery Of Medical Records In A Corporate Negligence Action - Shelton V. Morehead Memorial Hospital, G. Bruce Park
Campbell Law Review
This Note will examine the impact of the Shelton decision on requests for the production of hospital records. The Note will emphasize the application of Shelton to corporate negligence actions against a hospital for breach of a duty owed by the hospital directly to the patient. The Note will suggest that, although the Shelton court limited the availability of discovery, diligent plaintiffs may find trial courts less likely to allow a blanket privilege for hospitals claiming immunity from discovery for records conveniently labeled as products of medical review committees. This Note will argue that the plaintiff in a corporate negligence …
Sovereign Immunity From Statutes Of Limitation In Maryland, Thomas A. Bowden
Sovereign Immunity From Statutes Of Limitation In Maryland, Thomas A. Bowden
Maryland Law Review
No abstract provided.
Stepping On Board The Rule 11 Bandwagon, Roger M. Baron
Stepping On Board The Rule 11 Bandwagon, Roger M. Baron
Cleveland State Law Review
Prior to the 1983 amendments to Rule 11, there was some concern as to whether or not the Federal Rules had adequate provisions to insure the truthfulness of allegations in pleadings and motions. With the 1983 incorporation of an objective standard of reasonableness, subjective good faith was eliminated as a defense. Whether anticipated or not, the federal courts have now become flooded with litigation concerning the new Rule 11. Certain differences do exist among the circuits; however the differences are relatively minor, relating primarily to each circuit's description of the conduct which violates the relevant standards and to the standard …
Reforming West Virginia's Jury Selection Process: West Virginia Jury Selection And Service Legislation Of 1986, Keith A. George
Reforming West Virginia's Jury Selection Process: West Virginia Jury Selection And Service Legislation Of 1986, Keith A. George
West Virginia Law Review
No abstract provided.
State V. Hickman: An Accused's Right To A Third Party Attorney--Lady Luck Or Lady Liberty, Joellen Lyons
State V. Hickman: An Accused's Right To A Third Party Attorney--Lady Luck Or Lady Liberty, Joellen Lyons
West Virginia Law Review
No abstract provided.
Civil Procedure, Kurt L. Krieger