Law Commons^™

International Forum Non Conveniens: "Section 1404.5"- A Proposal In The Interest Of Sovereignty, Comity, And Individual Justice , Peter J. Carney

American University Law Review

No abstract provided.

International Forum Non Conveniens: "Section 1404.5"- A Proposal In The Interest Of Sovereignty, Comity, And Individual Justice , Peter J. Carney

American University Law Review

No abstract provided.

Third-Party Modification Of Protective Orders Under Rule 26©, Patrick S. Kim

Michigan Law Review

This Note argues that similarly situated litigants always should be given access to protected discovered materials, while nonlitigants should gain access to protected materials only in exceptional circumstances. This approach effectively balances the privacy and property interests of the original parties and the intervening parties with the interests of adjudicative efficiency. Part I establishes that there is no general public right of access to civil discovery and that courts should disregard such purported rights when considering whether to modify a protective order. Part II identifies three interests that courts should weigh when considering whether to modify a protective order: the …

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford

Mercer Law Review

Developments in the law interpreting and applying the Official Code of Georgia Annotated ("O.C.G.A.") section 9-11-9, the professional negligence affidavit pleading requirement, and Georgia's various statutes of ultimate repose overshadowed the usual decisions concerning personal jurisdiction, service of process, and venue. This review will analyze the developments in these areas of trial practice and procedure in Georgia for the survey period. Also, the authors will discuss new developments concerning Georgia's renewal and dismissal statutes, res judicata, and discovery.

Taking A Deposition Under North Carolina Law, G. Nicholas Herman

North Carolina Central Law Review

No abstract provided.

Litigation, E. D'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.

The Economics Of Structured Judgments Under Cplr Article 50-B, Michael J. Wolkoff, Eric A. Hanushek

Buffalo Law Review

No abstract provided.

Religion-Based Peremptory Challenges After Batson V. Kentucky And J.E.B. V. Alabama: An Equal Protection And First Amendment Analysis, Benjamin Hoorn Barton

Michigan Law Review

This Note argues that under Batson, J.E.B., the First Amendment, and the Equal Protection Clause, religion-based peremptory challenges are unconstitutional. This Note asserts that the analysis of governmental religious discrimination, such as a peremptory challenge, is the same under either the First Amendment or the Equal Protection Clause because both apply strict scrutiny to purposeful government discrimination.

Part I examines Batson and J.E.B. in greater detail and states a model for analyzing discriminatory peremptory challenges in which such challenges are treated as intentional governmental discrimination subject to heightened scrutiny. Part II argues that under the First Amendment, intentional governmental …

The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark

BYU Law Review

No abstract provided.

Removing Intrastate Lawsuits: The Affecting-Commerce Argument After United States V. Lopez, Kelly G. Black

BYU Law Review

No abstract provided.

Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii

BYU Law Review

No abstract provided.

The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn

BYU Law Review

No abstract provided.

Antisuit Injunctions Under The Complex Litigation Proposal: Harmonizing The Sirens' Song Of Efficiency And Fairness With The Hymn Of Judicial Federalism And Comity, Paul W. Werner

BYU Law Review

No abstract provided.

The Complex Litigation Project's Choice Of Law Rules For Mass Torts And How To Escape Them, Fred I. Williams

BYU Law Review

No abstract provided.

Selected Provisions Of The Ali Complex Litigation Proposal: Statutory Recommendations & Reporter's Study

BYU Law Review

No abstract provided.

The Ali, Supplemental Jurisdiction, And The Federal Constitutional Case, C. Douglas Floyd

BYU Law Review

No abstract provided.

Confronting The Consolidation Conundrum, Richard L. Marcus

BYU Law Review

No abstract provided.

Antisuit Injunction And Notice Of Intervention And Preclusion: Complementary Devices To Prevent Duplicative Litigation, Edward F. Sherman

BYU Law Review

No abstract provided.

Litigation, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

A Practitioner's Guide To Challenging And Defending Legislatively Proposed Constitutional Amendments In Arkansas, Stephen B. Niswanger

University of Arkansas at Little Rock Law Review

No abstract provided.

Trial Practice And Procedure, Philip W. Savrin

Mercer Law Review

This Article surveys the 1994 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues related to trial practice and procedure.

Pre-Litigation Contractual Waivers Of The Right To A Jury Trial Are Unenforceable Under Georgia Law, E. Michelle Robinson

Mercer Law Review

In a recent decision, Bank South v. Howard, the Georgia Supreme Court held pre-litigation contractual waivers of the right to a jury trial are unenforceable in Georgia! This decision is particularly interesting in light of two factors: (1) of the jurisdictions considering this issue, Georgia is the only one to hold such waivers unenforceable; and (2) contractual arbitration agreements, which essentially waive the right to a jury trial, are enforceable in Georgia. In Bank South v. Howard, Bank South filed suit against Howard to recover over two million dollars under 1985 and 1988 guaranties. Howard raised several defenses …

School Finance Adequacy As Vertical Equity, Julie K. Underwood

University of Michigan Journal of Law Reform

In this Article, Dean Underwood explains that school finance cases can be divided into three waves of reform. The first wave involved efforts to use the Federal Equal Protection Clause to overturn financing systems. Litigants in the second wave turned to state equal protection and due process clauses. Finally, the third wave involved the utilization of education clauses in state constitutions as the predominant litigation vehicle. These three waves embody two primary approaches to school finance litigation. The first approach involves a challenge to the adequacy of a state's funding system under either the state or federal equal protection clause, …

Establishing Education Program Inadequacy: The Alabama Example, Martha I. Morgan, Adam S. Cohen, Helen Hershkoff

University of Michigan Journal of Law Reform

The authors draw on their experience as attorneys for a statewide class of plaintiff school children in the liability phase of ongoing public education reform litigation in Alabama to demonstrate the availability of state and nationally recognized standards concerning educational resources (inputs) and results (outputs) that can serve as evidentiary tools for assessing and for establishing a state public education system's failure to satisfy constitutional mandates of educational adequacy. The Article discusses the usefulness and limitations of using such standards as a starting point in a court's constitutional analysis. It suggests an integrated approach that links input and output standards …

Achieving Equity And Excellence In Kentucky Education, C. Scott Trimble, Andrew C. Forsaith

University of Michigan Journal of Law Reform

In this Article, Trimble and Forsaith discuss the landmark Kentucky school finance case, Rose v. Council for Better Education, 790 S.W.2d 186 (Ky. 1989), and the school reform efforts it spawned. In Council for Better Education, the Kentucky Supreme Court held that the state had failed its duty under the state constitution to provide all students with an adequate education, which it defined in terms of seven categories of knowledge and skills students should acquire. The State General Assembly responded with the Kentucky Education Reform Act (KERA), which significantly boosted state funding as well as established an ambitious accountability system …

Oklahoma School Finance Litigation: Shifting From Equity To Adequacy, Mark S. Grossman

University of Michigan Journal of Law Reform

This Article traces the history of Oklahoma school finance litigation from the initial challenge based on funding inequity to a recent lawsuit founded on alleged constitutional inadequacies in the state system. Although the legal challenge based on funding inequity was unsuccessful in the courts, the pendency of the suit helped push the state legislature toward some reforms. The threat of a new lawsuit based on alleged inadequacies in the state school system, together with a serious funding shortfall, propelled a comprehensive education reform plan through the state legislature in 1990. The association of local school boards that led the equity …

Poverty Lawyering In The Golden Age, Matthew Diller

Michigan Law Review

A Review of Brutal Need: Lawyers and the Welfare Rights Movement, 1960-1973 by Martha F. Davis

Babe Ruth As Legal Hero, Robert M. Jarvis

Florida State University Law Review

No abstract provided.

The Schizophrenia Of Risk-Benefit Analysis In Design Defect Litigation, Michael D. Green

Vanderbilt Law Review

To employ a well-worn, but nevertheless appropriate cliche, it is a genuine honor to participate in the Vanderbilt Law Review's memorial to Dean John Wade. Wade stands tall as a leading figure of legal academe in the twentieth century. While I have profited from many illuminating hours with his scholarship, I regret that my association with him personally was limited to one lengthy luncheon meeting, still vivid, despite the passage of many years. I still recall his kindliness and gentility, his dry, but very real sense of humor, his humility and vigilance in avoiding taking himself too seriously, his thoughtfulness …

Transfer And Choice Of Federal Law: The Appellate Model, Robert A. Ragazzo

Michigan Law Review

In light of recent developments, a reexamination of the position that transferee federal law applies regardless of the context is in order. This article argues that the consensus that existed prior to the Marcus article and the Korean Air Lines case, although not based upon the most thorough analysis, comprises the better view: transferee federal law should apply after permanent but not MDL transfers.