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Full-Text Articles in Law

Reverse Removal, Joan E. Steinman Jul 1993

Reverse Removal, Joan E. Steinman

All Faculty Scholarship

Over the past several years, the legal community has given a great deal of thought to the problems created by multiparty, multiclaim, multiforum litigation. A flurry of activity and an outpouring of writing have resulted, including proposals for substantial changes in both substantive and procedural law. Congress legislated a number of the recommendations made by the Federal Courts Study Committee when it passed the Judicial Improvements Act of 1990. Additional legislation concerning the handling of complex cases is pending, and further action by Congress over the next several years is probable, in view of the burden that complex litigation imposes …


Format And Content Standards For The Electronic Exchange Of Legal Information, Henry H. Perritt Jr. Mar 1993

Format And Content Standards For The Electronic Exchange Of Legal Information, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Introduction, The Congress, The Courts And Computer Based Communications Networks: Answering Questions About Access And Content Control, Symposium, Henry H. Perritt Jr. Mar 1993

Introduction, The Congress, The Courts And Computer Based Communications Networks: Answering Questions About Access And Content Control, Symposium, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Civil Penalties And Multiple Punishment Under The Double Jeopardy Clause: Some Unanswered Questions, David S. Rudstein Mar 1993

Civil Penalties And Multiple Punishment Under The Double Jeopardy Clause: Some Unanswered Questions, David S. Rudstein

All Faculty Scholarship

No abstract provided.


Mercy Killing And The Right To Inherit, Jeffrey G. Sherman Mar 1993

Mercy Killing And The Right To Inherit, Jeffrey G. Sherman

All Faculty Scholarship

No abstract provided.


Law Office Automation Approaching The Millenium, Ronald W. Staudt Mar 1993

Law Office Automation Approaching The Millenium, Ronald W. Staudt

All Faculty Scholarship

No abstract provided.


Does The Grandmother Come With It? Teaching And Practicing Law In The 21st Century, Ronald W. Staudt Mar 1993

Does The Grandmother Come With It? Teaching And Practicing Law In The 21st Century, Ronald W. Staudt

All Faculty Scholarship

No abstract provided.


Where Have All The Computers Gone? Survey Checks Out Law Firm Usage (With R. Shiels), Ronald W. Staudt Mar 1993

Where Have All The Computers Gone? Survey Checks Out Law Firm Usage (With R. Shiels), Ronald W. Staudt

All Faculty Scholarship

No abstract provided.


Political Federalism And Congressional Truth-Telling, Margaret G. Stewart Mar 1993

Political Federalism And Congressional Truth-Telling, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.


Local Protection Of Biodiversity: What Is Its Niche?, A. Dan Tarlock Mar 1993

Local Protection Of Biodiversity: What Is Its Niche?, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Coordination By Default, Richard Warner Mar 1993

Coordination By Default, Richard Warner

All Faculty Scholarship

No abstract provided.


Why Pragmatism? The Puzzling Place Of Pragmatism In Critical Theory, Richard Warner Mar 1993

Why Pragmatism? The Puzzling Place Of Pragmatism In Critical Theory, Richard Warner

All Faculty Scholarship

No abstract provided.


Using Fundamental Principles Of Commercial Law To Decide Ucc Cases, , Steven L. Harris Feb 1993

Using Fundamental Principles Of Commercial Law To Decide Ucc Cases, , Steven L. Harris

All Faculty Scholarship

No abstract provided.


Explaining One-Way Fee Shifting, Harold J. Krent Feb 1993

Explaining One-Way Fee Shifting, Harold J. Krent

All Faculty Scholarship

No abstract provided.


Fee Shifting Under The Equal Access To Justice Act -- A Qualified Success, Harold J. Krent Feb 1993

Fee Shifting Under The Equal Access To Justice Act -- A Qualified Success, Harold J. Krent

All Faculty Scholarship

No abstract provided.


Of Citizen Suits And Citizen Sunstein (With E. Shenkman), Harold J. Krent Feb 1993

Of Citizen Suits And Citizen Sunstein (With E. Shenkman), Harold J. Krent

All Faculty Scholarship

No abstract provided.


Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin Feb 1993

Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin Feb 1993

Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin

All Faculty Scholarship

No abstract provided.


Public Employees' Rights To Strike: Law And Experience, Martin H. Malin Feb 1993

Public Employees' Rights To Strike: Law And Experience, Martin H. Malin

All Faculty Scholarship

No abstract provided.


The Public Square And The Jew As Religious Other, Sheldon Nahmod Feb 1993

The Public Square And The Jew As Religious Other, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.


The Age Discrimination In Employment Act, Title Vii, And The Civil Rights Act Of 1991: Three Acts And A Dog That Didn’T Bark, Howard C. Eglit Jan 1993

The Age Discrimination In Employment Act, Title Vii, And The Civil Rights Act Of 1991: Three Acts And A Dog That Didn’T Bark, Howard C. Eglit

All Faculty Scholarship

No abstract provided.


Heinrich Kronstein And The Development Of United States Antitrust Law, David J. Gerber Jan 1993

Heinrich Kronstein And The Development Of United States Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.


Supplemental Jurisdiction In § 1441 Removed Cases: An Unsurveyed Frontier Of Congress’ Handiwork, Joan E. Steinman Jan 1993

Supplemental Jurisdiction In § 1441 Removed Cases: An Unsurveyed Frontier Of Congress’ Handiwork, Joan E. Steinman

All Faculty Scholarship

Late in 1990, Congress passed a statute that confers on the district courts “supplemental jurisdiction” over a universe of claims that the courts otherwise would, or might, be unable to hear. Essentially, 28 U.S.C. § 1367(a) authorizes the courts to exercise jurisdiction over claims that are part of the same case or controversy, under Article III of the Constitution, as a claim within the court's original jurisdiction. It explicitly grants jurisdiction over claims that involve the joinder or intervention of additional parties, thereby authorizing what had been dubbed pendent party jurisdiction and some forms of ancillary jurisdiction. It also codifies …