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Full-Text Articles in Law
Proportionality In Discovery: A Cautionary Tale, John L. Carroll
Proportionality In Discovery: A Cautionary Tale, John L. Carroll
Campbell Law Review
"There has been widespread criticism of the abuse of discovery."' That statement comes not from a recent edition of the Defense Research Institute newsletter but from the Advisory Committee notes to the 1980 amendment that gave us the Rule 26(f) conference. Discovery abuse and the increase in the cost of litigation that flows from such abuse has been a constant theme emerging from analysis of the civil justice system.
How States Can Protect Their Policies In Federal Class Actions, Lucas Watkins
How States Can Protect Their Policies In Federal Class Actions, Lucas Watkins
Campbell Law Review
The role of the states in our constitutional system is to protect their citizens and supply tort liability. Where federal law does not preempt state systems of liability, state law supplies the tort- and contract-based rules that govern the vast majority of the relationships in our society and economy. Some think that national rules of liability, or new national choice-of-law rules, should supplant today's state-by-state regulation. But until Congress enacts a comprehensive regulatory scheme, state law will control the causes of action that plaintiffs can bring. And the state law that controls the cause should control the way that the …
Practice And Procedure Under Amended Rule 11 Of The Federal Rules Of Civil Procedure, Kevin P. Roddy, William Woodward Webb
Practice And Procedure Under Amended Rule 11 Of The Federal Rules Of Civil Procedure, Kevin P. Roddy, William Woodward Webb
Campbell Law Review
The purpose of this article is to explore the substantive provisions of amended Rule 11 and its historic antecedents, the procedure by which sanctions may be sought and/or imposed, the sanctions which the court may impose and the persons upon whom the sanctions can be imposed.