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Full-Text Articles in Law
A Diamond In The Rough: Trans-Substantivity Of The Federal Rules Of Civil Procedure And Its Detrimental Impact On Civil Rights, Suzette Malveaux
A Diamond In The Rough: Trans-Substantivity Of The Federal Rules Of Civil Procedure And Its Detrimental Impact On Civil Rights, Suzette Malveaux
Publications
No abstract provided.
Information Lost And Found, Frederic M. Bloom
Information Lost And Found, Frederic M. Bloom
Publications
At the core of every lawsuit is a mix of information-revealing documents that chronicle a party's malfeasance, guarded memos that outline a lawyer's trial strategy, fading memories that recall a jury's key mistakes. Yet the law's system for managing that information is still poorly understood. This Article makes new and better sense of that system. It begins with an original examination of five pieces of our civil information architecture--evidence tampering rules, automatic disclosure requirements, work product doctrine, peremptory challenge law, and bans on juror testimony--and compiles a novel study of how those doctrines intersect and overlap. It then fits these …
Front Loading And Heavy Lifting: How Pre-Dismissal Discovery Can Address The Detrimental Effect Of Iqbal On Civil Rights Cases, Suzette M. Malveaux
Front Loading And Heavy Lifting: How Pre-Dismissal Discovery Can Address The Detrimental Effect Of Iqbal On Civil Rights Cases, Suzette M. Malveaux
Publications
Although the Federal Rules of Civil Procedure are trans-substantive, they have a greater detrimental effect on certain substantive claims. In particular, the Supreme Court’s recent interpretation of Rule 8(a)(2)’s pleading requirement and Rule 12(b)(6)’s dismissal criteria - in Bell Atlantic v. Twombly and Ashcroft v. Iqbal - sets forth a plausibility pleading standard which makes it more difficult for potentially meritorious civil rights claims alleging intentional discrimination to survive dismissal. Such claims are more vulnerable to dismissal because: plaintiffs alleging intentional discrimination often plead facts consistent with both legal and illegal conduct; discriminatory intent is often difficult, if not impossible, …
Data, Correspondence, Reports, And Exhibits For Ground Water Rights Cases (Or, Challenges In Developing And Presenting Data To Support A Ground Water Rights Case), Robert E. Brogden
Data, Correspondence, Reports, And Exhibits For Ground Water Rights Cases (Or, Challenges In Developing And Presenting Data To Support A Ground Water Rights Case), Robert E. Brogden
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
17 pages.
Pre-Trial Case Preparation In Complex Groundwater Litigation: The Lawyer’S Role, Michael D. Shimmin
Pre-Trial Case Preparation In Complex Groundwater Litigation: The Lawyer’S Role, Michael D. Shimmin
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
12 pages.
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
Publications
No abstract provided.