Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Brigham Young University Law School (7)
- University of Richmond (6)
- Cornell University Law School (4)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- Mercer University School of Law (2)
-
- Selected Works (2)
- St. John's University School of Law (2)
- The University of Akron (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Michigan Law School (2)
- University of Pennsylvania Carey Law School (2)
- Villanova University Charles Widger School of Law (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Florida International University College of Law (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Georgetown University Law Center (1)
- Maurer School of Law: Indiana University (1)
- SelectedWorks (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University at Buffalo School of Law (1)
- University of Georgia School of Law (1)
- University of Washington School of Law (1)
- Vanderbilt University Law School (1)
- West Virginia University (1)
- Keyword
-
- Choice of law (3)
- CJRA (2)
- Civil Justice Reform Act of 1990 (2)
- Civil Procedure (2)
- Class actions (2)
-
- Commercial Law/Tort Law (2)
- Empirical legal studies (2)
- Federal Rules of Civil Procedure (2)
- Jurisprudence (2)
- Law (2)
- Litigation (2)
- Negligence (2)
- Personal jurisdiction (2)
- Practice of law (2)
- Tortious interference (2)
- Truth (2)
- 28 U.S.C sec. 1367 (1)
- Adversarial process (1)
- American jury system (1)
- Annual Survey of Virginia Law (1)
- Attorney for the parents (1)
- Award (1)
- Bankruptcy (1)
- Bennis v. Michigan (1)
- Binding effect (1)
- Binding judgment (1)
- Bulala v. Boyd (1)
- Calero-Toledo v. Pearson Yacht Leasing Co. (1)
- Case selection (1)
- Chapman v. City of Virginia Beach (1)
- Publication
-
- BYU Law Review (7)
- Cornell Law Faculty Publications (4)
- Faculty Scholarship (4)
- Faculty Publications (3)
- Law Faculty Publications (3)
-
- University of Arkansas at Little Rock Law Review (3)
- University of Richmond Law Review (3)
- All Faculty Scholarship (2)
- Mercer Law Review (2)
- Akron Law Faculty Publications (1)
- American University Law Review (1)
- Book Chapters (1)
- Circles: Buffalo Women's Journal of Law and Social Policy (1)
- Darren L Hutchinson (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Indiana Law Journal (1)
- Ira Steven Nathenson (1)
- LLM Theses and Essays (1)
- Mark Spiegel (1)
- Michigan Law Review (1)
- Robert L Tucker (1)
- Scholarly Publications (1)
- Touro Law Review (1)
- Vanderbilt Law Review (1)
- Villanova Environmental Law Journal (1)
- Villanova Law Review (1)
- Washington Law Review (1)
- West Virginia Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 50
Full-Text Articles in Law
In Search Of Truth: A Case For Expanding Perjury's Recantation Defense, Peter M. Agulnick
In Search Of Truth: A Case For Expanding Perjury's Recantation Defense, Peter M. Agulnick
West Virginia Law Review
No abstract provided.
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
BYU Law Review
No abstract provided.
No More Excuses: Refusing To Condone Mere Carelessness Or Negligence Under The "Excusable Neglect" Standard In Federal Rule Of Civil Procedure 60(B)(1), Bree W. Weathersbee
No More Excuses: Refusing To Condone Mere Carelessness Or Negligence Under The "Excusable Neglect" Standard In Federal Rule Of Civil Procedure 60(B)(1), Bree W. Weathersbee
Vanderbilt Law Review
Rule 60(b)' is an attempt to codify the equitable, common law practice of reforming judgments under special circumstances. The rule, inter alia, authorizes a court to relieve a party from a default judgment for "excusable neglect." This standard, however, is not defined in the rules, and courts have struggled with its meaning. Some circuits define the term liberally and often grant requests to vacate default judgments. Others adopt a strict interpretation and consistently refuse to vacate default judgments resulting from mere carelessness or negligence. Recently, in Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, the Supreme Court clarified the …
Proposed Arkansas Model Fraud Jury Instructions (Unofficial Working Draft), Charles D. Harrison, Roger D. Rowe, William A. Waddell Jr.
Proposed Arkansas Model Fraud Jury Instructions (Unofficial Working Draft), Charles D. Harrison, Roger D. Rowe, William A. Waddell Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Juries: Arbiters Or Arbitrary?, Jeffrey J. Rachlinski
Juries: Arbiters Or Arbitrary?, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Proposed Arkansas Model Contract Jury Instructions (Unofficial Preliminary Draft For Comments), William A. Waddell Jr., Matthew Horan, Stanley Rauls, Steven Rowell
Proposed Arkansas Model Contract Jury Instructions (Unofficial Preliminary Draft For Comments), William A. Waddell Jr., Matthew Horan, Stanley Rauls, Steven Rowell
University of Arkansas at Little Rock Law Review
No abstract provided.
Expert Opinion Pleading: Any Merit To Special Certificates Of Merit?, Jeffrey A. Parness
Expert Opinion Pleading: Any Merit To Special Certificates Of Merit?, Jeffrey A. Parness
BYU Law Review
No abstract provided.
The Theory Of Fee Regulation In Class Action Settlements , Bruce L. Hay
The Theory Of Fee Regulation In Class Action Settlements , Bruce L. Hay
American University Law Review
No abstract provided.
Awarding Attorney's Fees To Pro Se Litigants Under Rule 11, Jeremy D. Spector
Awarding Attorney's Fees To Pro Se Litigants Under Rule 11, Jeremy D. Spector
Michigan Law Review
Among the myriad rules and statutes designed to curb litigation abuse, Rule 11 of the Federal Rules of Civil Procedure ("FRCP") is "the most widely used and most controversial of the sanctions rules." The increased use of Rule ll during the last fifteen years and the recent proliferation of fee-shifting provisions in federal statutes4 have led to an onslaught of motions for attorney's fees in the federal district courts. Simultaneously, these courts are seeing an increasing number of pro se litigants appear before them. The confluence of these two trends has produced the seemingly paradoxical result of pro se parties …
The Predictability Of Punitive Damages, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman, Martin T. Wells
The Predictability Of Punitive Damages, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman, Martin T. Wells
Cornell Law Faculty Publications
Using one year of jury trial outcomes from 45 of the nation's most populous counties, this article shows a strong and statistically significant correlation between compensatory and punitive damages. These findings are replicated in 25 years of punitive damages awards from Cook County, Illinois, and California. In addition, we find no evidence that punitive damages awards are more likely when individuals sue businesses than when individuals sue individuals. With respect to award frequency, juries rarely award punitive damages and appear to be especially reluctant to do so in the areas of law that have captured the most attention, products liability …
Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook
Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook
BYU Law Review
No abstract provided.
A Misapplication Of Daubert: Compton V. Subaru Of America Opens The Gate For Unreliable And Irrelevant Expert Testimony, Jonathan R. Schofield
A Misapplication Of Daubert: Compton V. Subaru Of America Opens The Gate For Unreliable And Irrelevant Expert Testimony, Jonathan R. Schofield
BYU Law Review
No abstract provided.
Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom
Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom
BYU Law Review
No abstract provided.
United States V. Ursery: The Long Arm Of The Law Gets Reattached, Brian C. Max
United States V. Ursery: The Long Arm Of The Law Gets Reattached, Brian C. Max
Mercer Law Review
In United States v. Ursery, the United States Supreme Court evaluated the constitutionality of in rem civil forfeitures when they are used with criminal proceedings in relation to a single act. Ursery was a consolidation of two cases, United States v. Ursery and United States v. $405,089.23 United States Currency, from the Sixth and Ninth Circuit Courts of Appeals, respectively.
Sheldon V. Fettig: Interpreting The Substitute Service Of Process Statute In Washington, Dana Richardson
Sheldon V. Fettig: Interpreting The Substitute Service Of Process Statute In Washington, Dana Richardson
Washington Law Review
In Sheldon v. Fettig, the Washington Supreme Court announced a new rule for interpreting Washington's substitute service of process statute. This new rule calls for a liberal reading of the substitute service of process statute to better effect its legislative purpose, thus overruling the line of cases calling for strict construction of the substitute service of process statute. This Note analyzes the basis of the former rule, the Sheldon rule, and the Sheldon dissent's proposed rule. It concludes that the former rule of interpretation should be retained because it preserves canons of strict construction and better protects defendants' due …
Pleading And Proof: The Economics Of Legal Burdens, Thomas R. Lee
Pleading And Proof: The Economics Of Legal Burdens, Thomas R. Lee
BYU Law Review
Courts have traditionally assigned burdens of pleading and burdens of proof by mechanically applying any of a number of meaningless "tests." Conventional doctrine assigns these burdens to the party to whose case the issue in question is "essential," or to the party who must establish the "affirmative proposition." Neither of these tests provides a coherent methodology for making such allocations. The first is circular-an issue is "essential" by virtue of the fact that the party has been assigned the burden. The latter is unworkable; it depends on accidents of syntax and may be easily manipulated. This Article attempts to fill …
Putting The Halper Genie Back In The Bottle: Examining United States U. Ursery In Light Of Halper, Austin, And Kurth Ranch, Sarah Jean Watterson
Putting The Halper Genie Back In The Bottle: Examining United States U. Ursery In Light Of Halper, Austin, And Kurth Ranch, Sarah Jean Watterson
BYU Law Review
No abstract provided.
Bennett V. Plenert: The Ninth Circuit's Application Of The Zone Of Interests Test To Citizen Suits Under The Endangered Species Act, Alyssa Wardrup
Bennett V. Plenert: The Ninth Circuit's Application Of The Zone Of Interests Test To Citizen Suits Under The Endangered Species Act, Alyssa Wardrup
Mercer Law Review
The Ninth Circuit, in Bennett v. Plenert, ruled that plaintiffs' economic injury did not satisfy the requirements for standing under the citizen-suit provision of the Endangered Species Act ("ESA"). The Ninth Circuit imposed the zone of interests test in addition to Article III standing requirements. Under the ESA's citizen-suit provision, the zone of interests test means that plaintiffs must assert "an interest in the preservation of endangered species" to have standing. Plaintiffs appealed the Ninth Circuit's decision, and the Supreme Court has granted certiorari. The Court will likely resolve a division among the circuits in applying or not applying …
Contemplating The End Of Federal Civil Justice Reform In Montana, Carl W. Tobias
Contemplating The End Of Federal Civil Justice Reform In Montana, Carl W. Tobias
Law Faculty Publications
In continuation of the series of essays analyzing and documenting federal civil justice reform, this essay first provides an update on developments in civil justice reform nationally and in the United States District Court of Montana (Montana District). The essay then stresses the continuing work of the Ninth Circuit District Local Rules Review Committee and additional issues relating to case assignments in the Montana District. Finally, the essay takes a glimpse into the future.
"And The Truth Shall Make You Free": Truth As A First Amendment Defense In Tortious Interference With Contract Cases, Robert L. Tucker
"And The Truth Shall Make You Free": Truth As A First Amendment Defense In Tortious Interference With Contract Cases, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Showdown At The Domain Name Corral: Property Rights And Personal Jurisdiction Over Squatters, Poachers And Other Parasites, Ira Nathenson
Showdown At The Domain Name Corral: Property Rights And Personal Jurisdiction Over Squatters, Poachers And Other Parasites, Ira Nathenson
Ira Steven Nathenson
This paper on domain names disputes has two main goals. The first is to analyze the principal points of litigation in domain name disputes, namely, personal jurisdiction and trademark liability. The second is to propose an analytic framework to better help resolve matters of jurisdiction and liability. Regarding personal jurisdiction, domain names are problematic because an internet site can be viewed almost anywhere, potentially subjecting the domain name owner to suit everywhere. For example, should a Florida domain name owner automatically be subject to suit in Alaska where the site can be viewed? If not, then where? Regarding liability, trademark …
Tolling The Statute Of Limitations For Survivors Of Domestic Violence Who Wish To Recover Civil Damages Against Their Abusers, Lisa Napoli
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
Legal Process And Choice Of Law, William L. Reynolds
Legal Process And Choice Of Law, William L. Reynolds
Faculty Scholarship
No abstract provided.
What Happens When Parties Fail To Prove Foreign Law?, William L. Reynolds
What Happens When Parties Fail To Prove Foreign Law?, William L. Reynolds
Faculty Scholarship
No abstract provided.
Some Realism About Federal Procedural Reform, Carl W. Tobias
Some Realism About Federal Procedural Reform, Carl W. Tobias
Law Faculty Publications
A New Confederacy? Disunionism in the Federal Courts is a thought-provoking tour de force about many ills that federal court observers believe plague the modem federal district courts. In Disunionism, Professor Paul Carrington paints a perceptive portrait of the troubling conditions that he asserts impede civil litigation in a number of districts, and he trenchantly criticizes district judges for their contributions to these circumstances while admonishing the Judicial Conference to sweep "our national courts clear of all local clutter."
"And The Truth Shall Make You Free": Truth As A First Amendment Defense In Tortious Interference With Contract Cases, Robert L. Tucker
"And The Truth Shall Make You Free": Truth As A First Amendment Defense In Tortious Interference With Contract Cases, Robert L. Tucker
Robert L Tucker
No abstract provided.
Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno
Faculty Publications
No abstract provided.
Introduction (A Reappraisal Of The Supplemental-Jurisdiction Statute: Title 28 U.S.C Sec. 1387, Symposium), Gene R. Shreve
Introduction (A Reappraisal Of The Supplemental-Jurisdiction Statute: Title 28 U.S.C Sec. 1387, Symposium), Gene R. Shreve
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C sec. 1387.
Interest Groups, Contracts And Interest Analysis, Erin O'Hara O'Connor, Larry E. Ribstein
Interest Groups, Contracts And Interest Analysis, Erin O'Hara O'Connor, Larry E. Ribstein
Scholarly Publications
No abstract provided.
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.