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- The Journal of Appellate Practice and Process (4)
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Articles 1 - 25 of 25
Full-Text Articles in Law
Utilizing Statistics And Bellwether Trials In Mass Torts: What Do The Constitution And Federal Rules Of Civil Procedure Permit?, R. Joseph Barton
Utilizing Statistics And Bellwether Trials In Mass Torts: What Do The Constitution And Federal Rules Of Civil Procedure Permit?, R. Joseph Barton
William & Mary Bill of Rights Journal
Traditional judicial mechanisms that preserve litigants' rights to due process and a jury trial challenge courts to provide litigants their day in court in an efficient and timely manner. This challenge is made exponentially harder where the litigation concerns tortious conduct affecting a large number of persons and giving rise to latent injury. In response to the recent increase in mass tort filings, courts have sought an alternative means of adjudication-the extrapolation of a statistically average, representative plaintiff to other plaintiffs. This Note examines the problems associated with mass tort actions and how two circuit courts of appeals have implemented …
Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell, Matthew E. Cook
Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell, Matthew E. Cook
Mercer Law Review
This survey period yielded several notable decisions covering the professional malpractice affidavit/pleading requirement, renewal actions, attorney-client relations, and the summary judgment standard. Refinements in the areas of insurance practice, jury qualifications, releases, default judgment, and privileges lend important guidance to practitioners, judges, and scholars in the area of trial practice and procedure. The most significant legislative development of trial practice and procedure addressed the longstanding "vanishing venue" doctrine.
The New Rules Of Federal Appellate Procedure: Changes In Style And Substance, Warren W. Harris
The New Rules Of Federal Appellate Procedure: Changes In Style And Substance, Warren W. Harris
The Journal of Appellate Practice and Process
This article discusses the substantive changes to the Federal Rules of Appellate Procedure and Federal Rule of Civil Procedure 23.
Federal Rule Of Civil Procedure 23(F): Interlocutory Appeals Of Class Action Certification Decisions, Kenneth S. Gould
Federal Rule Of Civil Procedure 23(F): Interlocutory Appeals Of Class Action Certification Decisions, Kenneth S. Gould
The Journal of Appellate Practice and Process
This article discusses the significance of Federal Rule of Civil Procedure 23(f). The article's review of Rule 23(f) includes the importance of class certification decisions and appellate review of certifications, historical imitations on appellate review of certifications, rationale for allowing appeal of interlocutory certification, operation of rule 23(f), the first application of the rule, and prospects of Rule 23(f) achieving its goals.
City Of Chicago V. International College Of Surgeons: The Interplay Between Supplemental Jurisdiction And Cross-System Appeals, And The Impact On Federalism, Jacob Edward Daly
City Of Chicago V. International College Of Surgeons: The Interplay Between Supplemental Jurisdiction And Cross-System Appeals, And The Impact On Federalism, Jacob Edward Daly
Mercer Law Review
In City of Chicago v. International College of Surgeons, the United States Supreme Court reversed a well-established rule in holding that federal district courts may exercise supplemental jurisdiction over state law claims for deferential review of local administrative agency decisions.
A Second Look At Amended Rule 11 , Theodore C. Hirt
A Second Look At Amended Rule 11 , Theodore C. Hirt
American University Law Review
No abstract provided.
Revised Rule 55 Revisited, John T. Holleman Iv
Revised Rule 55 Revisited, John T. Holleman Iv
University of Arkansas at Little Rock Law Review
No abstract provided.
Arbitration And Reform In Private Securities Litigation: Dealing With The Meritorious As Well As The Frivolous, Steven A. Ramirez
Arbitration And Reform In Private Securities Litigation: Dealing With The Meritorious As Well As The Frivolous, Steven A. Ramirez
William & Mary Law Review
No abstract provided.
A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr.
A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr.
Richmond Journal of Law & Technology
In a world divided by barriers of language and culture, the Internet is the nexus that connects the most rural outposts of technology to the global business centers. The Internet's most popular user interface, the World Wide Web, is an interwoven network of computers through which news and information can traverse international barriers in a matter of seconds. Using an Internet Service Provider ("ISP") and a personal computer, the average user can access the World Wide Web and enter the largest repository of public information on the planet. The boundaries are virtually limitless, and the general absence of content restrictions …
Foxes Guarding The Chicken Coop: Intervention As Of Right And The Defense Of Civil Rights Remedies, Alan Jenkins
Foxes Guarding The Chicken Coop: Intervention As Of Right And The Defense Of Civil Rights Remedies, Alan Jenkins
Michigan Journal of Race and Law
This article focuses on the recent spate of cases in which educational institutions on the grounds that their race-conscious admissions policies are unconstitutional. The author analyzes the role of minority students and organizations who are the beneficiaries of those polices at the defendant institutions and their recent attempts to intervene in the lawsuits pursuant to Rule 24 of the Federal Rules of Civil Procedure. First, the author argues that under the traditional interpretation of Rule 24(a); intervention of right should be granted to minority students and organizations in the great majority of instances. Second, the author looks at the reasons …
The Antiquated "Slight Evidence Rule" In Federal Conspiracy Cases, Brent E. Newton
The Antiquated "Slight Evidence Rule" In Federal Conspiracy Cases, Brent E. Newton
The Journal of Appellate Practice and Process
This article addresses the risk of wrongful convictions in federal conspiracy cases. The article points out how conspiracy cases rely heavily on circumstantial evidence and the slight evidence rule. The risk of over assigning liability to parties with minor involvement is also discussed.
Local Procedural Review In The Eighth Circuit, Carl Tobias
Local Procedural Review In The Eighth Circuit, Carl Tobias
The Journal of Appellate Practice and Process
This article addresses a little known role of the United States Courts of Appeals to review district court procedures. The discussion begins with this role assigned by the Judicial Improvements and Access to Justice Act of 1988 and Federal Rule of Civil Procedure 83. The article then analyzes how the United States Court of Appeals for the Eighth Circuit discharges this role.
Annual Survey Of Virginia Law: Civil Practice And Procedure, John L. Marshall Jr.
Annual Survey Of Virginia Law: Civil Practice And Procedure, John L. Marshall Jr.
University of Richmond Law Review
This article focuses on some of the recent developments in civil litigation from June 1, 1998 to May 30, 1999, that have been effected by the Virginia General Assembly and the Supreme Court of Virginia. Each numbered discussion section is organized by topic in alphabetical order. This article highlights legislation of general interest to civil practitioners and does not purport to be all inclusive. This article does not address criminal procedure.
Representative Litigation In Maryland: The Past, Present, And Future Of The Class Action Rule In State Court , Ian Gallacher
Representative Litigation In Maryland: The Past, Present, And Future Of The Class Action Rule In State Court , Ian Gallacher
Maryland Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Inevitable Discovery In Washington State And The Unreasonable "Reasonableness" Requirement, David Seaver
Inevitable Discovery In Washington State And The Unreasonable "Reasonableness" Requirement, David Seaver
Seattle University Law Review
This Comment will examine the substantial differences between Division One's current version of inevitable discovery and that adopted by the U.S. Supreme Court in Nix, which is still the only version affirmatively accepted by the Washington Supreme Court. Having distinguished the differences, this Comment ultimately suggests an amalgamation of the most desirable parts of each version of the inevitable discovery exception. The author proposes that the "reasonableness" element demanded by Division One is duplicative and unnecessarily burdensome on the prosecution. The version proposed by this Comment recognizes the potential benefits to the search for truth and to the societal …
Civil Procedure: Exclusion Of Injured Or Disfigured Plaintiffs From Trial-- Cary V. Oneok, Inc. --A Solution To The Exclusion Issue Or Bad Precedent?, Kristy Freeman
Oklahoma Law Review
No abstract provided.
Redland Soccer Club, Inc. V. Department Of The Army: The Recovery Of Medicial Monitoring Costs Under Hsca's Citizen Suit Provision, Craig A. Stevens
Redland Soccer Club, Inc. V. Department Of The Army: The Recovery Of Medicial Monitoring Costs Under Hsca's Citizen Suit Provision, Craig A. Stevens
Villanova Environmental Law Journal
No abstract provided.
Funny Thing Happened On The Way To The Courtroom: Spoilation Of Evidence In Illinois, 32 J. Marshall L. Rev. 325 (1999), Kristin Adamski
Funny Thing Happened On The Way To The Courtroom: Spoilation Of Evidence In Illinois, 32 J. Marshall L. Rev. 325 (1999), Kristin Adamski
UIC Law Review
No abstract provided.
Judge Versus Jury On The Scales Of Justice: 35 U.S.C. 112, 6 Equivalents In The Balance, 32 J. Marshall L. Rev. 833 (1999), Robert N. Young
Judge Versus Jury On The Scales Of Justice: 35 U.S.C. 112, 6 Equivalents In The Balance, 32 J. Marshall L. Rev. 833 (1999), Robert N. Young
UIC Law Review
No abstract provided.
Giving The Haves A Little More: Considering The 1998 Discovery Proposals, Elizabeth G. Thornburg
Giving The Haves A Little More: Considering The 1998 Discovery Proposals, Elizabeth G. Thornburg
SMU Law Review
No abstract provided.
E-Mail: A Constitutional (And Economical) Method Of Transmitting Class Action Notice, Jennifer Mingus
E-Mail: A Constitutional (And Economical) Method Of Transmitting Class Action Notice, Jennifer Mingus
Cleveland State Law Review
This Note argues that courts should find that notice by e-mail satisfies the standards of due process that the United States Supreme Court has developed for class action notice. First, this Note establishes that e-mail is a form of individual notice, as required by Eisen v. Carlisle & Jacquelin. Second, this Note shows that e-mail notice is "reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action" and "reasonably certain to inform those affected" as required by Mullane v. Central Hanover Bank & Trust Co. Third, this Note contends that due process is a …
Reloading The Arsenal In The Informational War On Pollution - Citizens As Soliders In The Fight And How A Lack Of Actionable Legs On Which To Stand Nearly Forced A Cease-Fire, Lori May Peters
Villanova Environmental Law Journal
No abstract provided.
Rule 26(C)(7) Protective Orders: Just What Are You Hiding Under There, Anyway?, Ross T. Turner
Rule 26(C)(7) Protective Orders: Just What Are You Hiding Under There, Anyway?, Ross T. Turner
Kentucky Law Journal
No abstract provided.
A Trial Judge's Perspective - Promoting Justice And Fairness While Protecting Privilege, Honorable Marian Blank Horn
A Trial Judge's Perspective - Promoting Justice And Fairness While Protecting Privilege, Honorable Marian Blank Horn
Fordham Urban Law Journal
This Article discusses the topic of privileged communications and ethics in the courtroom. The Article offers the unique perspective of a trial judge and his courtroom interactions with lawyers and witnesses alike. It discusses cases relating to established courtroom privileges, such as marriage, attorney/client and priest/penitent, as well as qualified privileges such as the journalism privilege. Further, it discusses the potential for new or novel privileges, such as the accountant/auditor-client work product privilege and the academic peer review privilege. Finally, the Article lays out suggestions for trial judges for how to best utilize the privilege rules while simultaneously promoting fairness …