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Full-Text Articles in Law
An Independent Public Law, Carl W. Tobias
An Independent Public Law, Carl W. Tobias
Law Faculty Publications
This Article analyzes the application of numerous Federal Rules in public law litigation to show how the resurrection of private law approaches and hostility toward public interest litigants serves to disadvantage public interest litigants. The assessment is intended to discourage such future enforcement of the Federal Rules and analogous judicial treatment in other areas of public law. The Article is also meant to foster greater appreciation of public law and the articulation of a larger complement of public law principles so as to facilitate the growth of an independent public law.
The Specificity Of Pleading In Modern Civil Practice: Addressing Common Misconceptions, Ian James Wilson, William Louis Payne
The Specificity Of Pleading In Modern Civil Practice: Addressing Common Misconceptions, Ian James Wilson, William Louis Payne
University of Richmond Law Review
The pleading procedure serves as the foundation for the entire legal process. Pleadings focus the issues, narrow the evidence admissible at trial, apprise the adverse party and the court of the matter in dispute, and provide the extent of the res judicata effect of the judgment. To secure the foundation and to effectuate the purposes of the pleading procedure, it is imperative that the pleading set forth sufficient allegations. The standard for determining the sufficiency of the allegations is referred to as the specificity requirement and serves as the focus of this Note.