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Full-Text Articles in Law
Taking Another Measure Of The "Crisis Of Volume" In The U.S. Courts Of Appeals, Thomas E. Baker, Denis J. Hauptly
Taking Another Measure Of The "Crisis Of Volume" In The U.S. Courts Of Appeals, Thomas E. Baker, Denis J. Hauptly
Thomas E. Baker
No abstract provided.
Pragmatism Applied: Imagining A Solution To The Problem Of Court Congestion, Michael L. Seigel
Pragmatism Applied: Imagining A Solution To The Problem Of Court Congestion, Michael L. Seigel
Michael L Seigel
Can we improve the efficiency of jury trials? If so, would this reduce the problem of court congestion? Is there any reason to favor this approach over those that seek to avoid jury trials altogether? This Article attempts to answer these difficult questions. It does so by articulating and then employing a methodology suggested by recent scholarly ruminations about the philosophy of pragmatism and its implications for legal scholarship and practice. Although pragmatism does not provide "right answers" to questions of legal doctrine-indeed, it rejects the notion that such things exist-it does provide some guidance in formulating the search for …
Administrative Alternatives To Judicial Branch Congestion, John G. Farrell
Administrative Alternatives To Judicial Branch Congestion, John G. Farrell
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Induced Litigation, Chris Guthrie, Tracey E. George
Induced Litigation, Chris Guthrie, Tracey E. George
Vanderbilt Law School Faculty Publications
If "justice delayed" is "justice denied,"justice is often denied in American courts. Delay in the courts is a "ceaseless and unremitting problem of modem civil justice" that "has an irreparable effect on both plaintiffs and defendants." To combat this seemingly intractable problem, judges and court administrators routinely clamor for additional judicial resources to enable them to manage their dockets more "effectively and efficiently." By building new courthouses and adding new judgeships, a court should be able to manage its caseload more efficiently. Trial judges should be able to hold motion hearings, host settlement conferences, and conduct trials in a timely …
Pragmatism Applied: Imagining A Solution To The Problem Of Court Congestion, Michael L. Seigel
Pragmatism Applied: Imagining A Solution To The Problem Of Court Congestion, Michael L. Seigel
UF Law Faculty Publications
Can we improve the efficiency of jury trials? If so, would this reduce the problem of court congestion? Is there any reason to favor this approach over those that seek to avoid jury trials altogether?
This Article attempts to answer these difficult questions. It does so by articulating and then employing a methodology suggested by recent scholarly ruminations about the philosophy of pragmatism and its implications for legal scholarship and practice. Although pragmatism does not provide "right answers" to questions of legal doctrine-indeed, it rejects the notion that such things exist-it does provide some guidance in formulating the search for …
Taking Another Measure Of The "Crisis Of Volume" In The U.S. Courts Of Appeals, Thomas E. Baker, Denis J. Hauptly
Taking Another Measure Of The "Crisis Of Volume" In The U.S. Courts Of Appeals, Thomas E. Baker, Denis J. Hauptly
Washington and Lee Law Review
No abstract provided.
Application Of Rule 11 In The Fourth Circuit
Application Of Rule 11 In The Fourth Circuit
Washington and Lee Law Review
No abstract provided.
The War On Diversity, John W. Reed
The War On Diversity, John W. Reed
Other Publications
Over the past decade or more there have been strong pressures to abolish the diversity jurisdiction of the federal courts. With the strong backing of the prestigious American Law Institute and many scholars, and with the support of the Chief Justice, Senator Kennedy, and others, specific proposals have been introduced in Congress, have been discussed at enormous length, and have passed one or the other House but not both. At the moment, therefore, we still have diversity jurisdiction, and it is safe to predict that abolition of diversity will not occur during the present session of Congress. Nevertheless, the long-term …