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Full-Text Articles in Law

A Reader's Guide To Pre-Modern Procedure, David L. Noll Nov 2015

A Reader's Guide To Pre-Modern Procedure, David L. Noll

Journal of Legal Education

No abstract provided.


Procedural Triage, Matthew J.B. Lawrence Oct 2015

Procedural Triage, Matthew J.B. Lawrence

Fordham Law Review

Prior scholarship has assumed that the inherent value of a "day in court" is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a "day in court" can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, …


The Ohio Rules Of Civil Procedure And Their Effect On Real Property Titles, Alvin W. Lasher Aug 2015

The Ohio Rules Of Civil Procedure And Their Effect On Real Property Titles, Alvin W. Lasher

Akron Law Review

T HE REVOLUTION IS HERE! It has come quietly, almost without a murmur of opposition or civil discord. Indeed, many who will be most profoundly affected by it were not-are not even now, perhaps-aware of its coming. But it is here, nevertheless. The revolution in question, of course, relates not to some massive proletarian uprising which many today profess to see upon the horizon, but to the revolution in Ohio procedural law which became effective on July 1, 1970. For a revolution indeed it is, bringing changes so sweeping in their nature that the procedural law, both statutory and judge-made, …


The Ohio Rules Of Civil Procedure And Their Effect On Real Property Titles, Alvin W. Lasher Aug 2015

The Ohio Rules Of Civil Procedure And Their Effect On Real Property Titles, Alvin W. Lasher

Akron Law Review

The revolution is here! It has come quietly, almost without a murmur of opposition or civil discord. Indeed, many who will be most profoundly affected by it were not-are not even now, perhaps-aware of its coming. But it is here, nevertheless. The revolution in question, of course, relates not to some massive proletarian uprising which many today profess to see upon the horizon, but to the revolution in Ohio procedural law which became effective on July 1, 1970. For a revolution indeed it is, bringing changes so sweeping in their nature that the procedural law, both statutory and judge-made, which …


Federal Rules Of Civil Procedure; Statute Of Limitations; State Policy; Relation Back; Marshall V. Mulrenin, Gary I. Kruger Aug 2015

Federal Rules Of Civil Procedure; Statute Of Limitations; State Policy; Relation Back; Marshall V. Mulrenin, Gary I. Kruger

Akron Law Review

Some federal courts have followed the rule that amendments to correct misnomer or misdescription of a defendant will relate back where the proper defendant is in court. An amendment which substitutes or adds a new party, however, creates a new cause of action, and under such circumstances, there is normally no relation back to original filing for purposes of limitations.' Since the 1966 amendment of rule 15(c), however, a number of courts have permitted amendments substituting defendants after the statute of limitations has run.


In Rem Jurisdiction; Due Process; Minimum Contacts; State Statutes; Shaffer V. Heitner, Richard S. Milligan Aug 2015

In Rem Jurisdiction; Due Process; Minimum Contacts; State Statutes; Shaffer V. Heitner, Richard S. Milligan

Akron Law Review

The decision of Shaffer v. Heitner marks a significant departure from established principles concerning in rem jurisdiction. No longer may a court take jurisdiction of a lawsuit merely by sequestering any property of the defendant that happens to be located in that state.


In Rem Jurisdiction; Attachment Of Insurance Debts; State Statutes; O'Connorv. Lee-Hy Paving Corp., Eloise Lubbinge Mackus Jul 2015

In Rem Jurisdiction; Attachment Of Insurance Debts; State Statutes; O'Connorv. Lee-Hy Paving Corp., Eloise Lubbinge Mackus

Akron Law Review

The United States Court of Appeals, Second Circuit, in O'Connor v. Lee-Hy Paving Corp., upheld New York's insurance attachment procedure which serves as a vehicle for gaining personal jurisdiction over out-of-state defendants in causes of action that arise outside of New York. The court thereby determined that New York federal courts, in applying the procedures, had not violated defendant's due process because the minimum contacts requirement of the recent United Stated Supreme Court case, Shaffer v. Heitner, had been met.


Quasi In Rem Jurisdication; Minimum Contacts; State Statutes; Intermeat, Inc. V. American Poultry, Inc., John D. Frisby Jr. Jul 2015

Quasi In Rem Jurisdication; Minimum Contacts; State Statutes; Intermeat, Inc. V. American Poultry, Inc., John D. Frisby Jr.

Akron Law Review

"The decision of Intermeat, Inc. v. American Poultry, Inc. is the first decision rendered by a federal appeals court based on the United States Supreme Court decision of Shaffer v. Heitner. The Shaffer Court handed down a landmark decision in 1977 that appeared at first light to aim the principles of quasi in rem jurisdiction in a new direction. From the date of the decision it appeared that a court could no longer take jurisdiction of a lawsuit based merely on the fact that property of the defendant was located in the state in which the suit was filed. However, …


Local Rules Of Court, J. Patrick Browne Jul 2015

Local Rules Of Court, J. Patrick Browne

Akron Law Review

In the vast majority of cases, the Ohio Rules of Civil Procedure will be the primary source of authority governing the practice and procedure to be followed. But in some instances, the primary source of authority will be statutory, and the applicable sections of the Ohio Revised Code may or may not be supplemented by the Ohio Rules of Civil Procedure.


Manning The Courthouse Gates: Pleadings, Jurisdiction, And The Nation-State, Margaret Y.K. Woo Jul 2015

Manning The Courthouse Gates: Pleadings, Jurisdiction, And The Nation-State, Margaret Y.K. Woo

Nevada Law Journal

No abstract provided.


Symposium Introduction: Through A Glass Starkly: Civil Procedure Re-Assessed, Thomas O. Main, Jeffrey W. Stempel Jul 2015

Symposium Introduction: Through A Glass Starkly: Civil Procedure Re-Assessed, Thomas O. Main, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Reflections, Steve Subrin Jul 2015

Reflections, Steve Subrin

Nevada Law Journal

No abstract provided.


Electronic Data, Electronic Searching, Inadvertent Production Of Privileged Data: A Perfect Storm, Donald Wochna Jun 2015

Electronic Data, Electronic Searching, Inadvertent Production Of Privileged Data: A Perfect Storm, Donald Wochna

Akron Law Review

This article suggests that the practical impact of treating electronic searching as an expert function is to permit attorneys to focus and strategize on the process of electronic searching rather than on the completeness of document production. In effect, electronic searching permits attorneys to quit focusing on finding documents and begin focusing on identifying electronic sources of information on which reside relevant documents that can be extracted by means of electronic searching protocols.


Summary Judgment In The Shadow Of Erie, Jeffrey O. Cooper Jun 2015

Summary Judgment In The Shadow Of Erie, Jeffrey O. Cooper

Akron Law Review

This essay addresses one particular challenge to federal summary judgment practice: the possibility of a successful challenge to Rule 56 of the Federal Rules of Civil Procedure, pursuant to Erie Railroad v. Tompkins and its progeny. Part II of this essay addresses differences between summary judgment as practiced in federal courts pursuant to Federal Rule 56 and summary judgment as practiced in state courts, focusing in particular on differences in the ways the federal courts and some state courts allocate the burdens on moving and non-moving parties.Part III suggests that these differences are problematic under Erie and its progeny, and …


Must, Should, Shall, Steven S. Gensler Jun 2015

Must, Should, Shall, Steven S. Gensler

Akron Law Review

This Essay has three parts. Parts I and II look backward. Part I tells the story of the switch from ―shall‖ to ―should‖ in 2007. Part II then explains the events that led the Advisory Committee to propose the amendment that, if it takes effect as scheduled on December 1, 2010, will restore ―shall‖ to the text of Rule 56. Part III looks forward. It addresses a single, critical question: how much discretion to deny summary judgment will trial judges have once ―shall‖ is restored? The answer is this: with the restoration of ―shall,‖ trial courts will return to whatever …


New Limits On General Personal Jurisdiction: Examining The Retroactive Application Of Daimler In Long-Pending Cases, Brooke A. Weedon Jun 2015

New Limits On General Personal Jurisdiction: Examining The Retroactive Application Of Daimler In Long-Pending Cases, Brooke A. Weedon

Washington and Lee Law Review

No abstract provided.


Is Limited Remand Required If The District Court Admitted Or Excluded Evidence Without A Daubert Analysis?, Robert B. Gilbreath Apr 2015

Is Limited Remand Required If The District Court Admitted Or Excluded Evidence Without A Daubert Analysis?, Robert B. Gilbreath

The Journal of Appellate Practice and Process

No abstract provided.


Taboo Procedural Tradeoffs: Examining How The Public Experiences Tradeoffs Between Procedural Justice And Cost, Victor D. Quintanilla Mar 2015

Taboo Procedural Tradeoffs: Examining How The Public Experiences Tradeoffs Between Procedural Justice And Cost, Victor D. Quintanilla

Nevada Law Journal

No abstract provided.


The Universal Remedy For Attorney Abandonment: Why Holland V. Florida And Maples V. Thomas Give All Courts The Power To Vacate Civil Judgments Against Abandoned Clients By Way Of Rule 60(B)(6), Stephen White Feb 2015

The Universal Remedy For Attorney Abandonment: Why Holland V. Florida And Maples V. Thomas Give All Courts The Power To Vacate Civil Judgments Against Abandoned Clients By Way Of Rule 60(B)(6), Stephen White

Pepperdine Law Review

This Article argues that Federal Rule of Civil Procedure 60(b)(6) is the only remedy that courts can always rely on to enforce this power. The universal availability of this statutory rule, which states that courts can vacate judgments against parties “for any . . . reason that justifies relief,” ensures that courts can safeguard clients from the conduct of attorneys who have abandoned them. Part II of this Comment provides an overview of the distinct models the Supreme Court has utilized to evaluate attorney misconduct and the circumstances that bind clients to that misconduct. Part II also describes in detail …


The Proper Standard Of Review For Required Party Determinations Under Federal Rule Of Civil Procedure 19, Brandon R. Coyle Jan 2015

The Proper Standard Of Review For Required Party Determinations Under Federal Rule Of Civil Procedure 19, Brandon R. Coyle

Fordham Law Review

Rule 19 of the Federal Rules of Civil Procedure, concerning the required joinder of parties, ensures that all parties with an interest in an action are joined in the litigation. At any time during the suit, a court may determine that an absent party has a specific interest that requires its presence in the dispute. When the court cannot join the absent party, however, the court must use Rule 19(b) to determine whether to continue the litigation without the absentee or dismiss the suit entirely. Despite the potentially drastic consequence of dismissal, federal courts of appeals cannot agree on the …