Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Law reform (2)
- Trials (2)
- Civil litigation (1)
- Copyright infringement (1)
- Copyright law (1)
-
- Damages (1)
- Discovery (1)
- Due process (1)
- Electronic discovery (1)
- England (1)
- Fair use (1)
- Federal Rules of Civil Procedure (1)
- Federal Rules of Evidence (1)
- Intent (1)
- Liability (1)
- Mandatory stays (1)
- Poverty (1)
- Private Securities Litigation Reform Act (1)
- Right to counsel (1)
- United States Supreme Court (1)
- Vagueness (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Taking The English Right To Counsel Seriously In American Civil Gideon Litigation, Scott F. Llewellyn, Brian Hawkins
Taking The English Right To Counsel Seriously In American Civil Gideon Litigation, Scott F. Llewellyn, Brian Hawkins
University of Michigan Journal of Law Reform
Courts have rejected a right to counsel for indigent civil litigants under the U.S. Constitution. But in some American states, that right arguably already exists as a matter of common law, albeit derived from centuries-old English common and statutory law. This Article analyzes the viability of arguments for incorporating the old English right to counsel in the twenty-seven American states that continue to recognize old English common and statutory law as a source of binding authority. Such "originalist" arguments may be appealing to judges who are more willing to revive a historically based right than establish a new right based …
Copyright And The Vagueness Doctrine, Bradley E. Abruzzi
Copyright And The Vagueness Doctrine, Bradley E. Abruzzi
University of Michigan Journal of Law Reform
The Constitution's void-for-vagueness doctrine is itself vaguely stated. The doctrine does little to describe at what point vague laws-other than those that are entirely standardless-become unconstitutionally vague. Rather than explore this territory, the Supreme Court has identified three collateral factors that affect its inclination to invalidate a law for vagueness: (1) whether the law burdens the exercise of constitutional rights, (2) whether the law is punitive in nature, and (3) whether the law overlays a defendant-protective scienter requirement. Measured against these factors, copyright law does not meet the vagueness doctrine's minimum requirement of fair notice to the public. Copyright, by …
Federal Discovery Stays, Gideon Mark
Federal Discovery Stays, Gideon Mark
University of Michigan Journal of Law Reform
In federal civil litigation, unless a discretionary stay is granted, discovery often proceeds while motions to dismiss are pending. Plaintiffs with non-meritorious cases can compel defendants to spend massively on electronic discovery before courts ever rule on such motions. Defendants who are unable or unwilling to incur the huge up-front expense of electronic discovery may be forced to settle non-meritorious claims. To address multiple electronic discovery issues, Congress amended the Federal Rules of Civil Procedure in 2006 and the Federal Rules of Evidence in 2008. However, the amendments failed to significantly reduce costs and failed to address the critical issue …