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Articles 1 - 5 of 5
Full-Text Articles in Law
Virginia Manuscript Law Reports, William Hamilton Bryson
Virginia Manuscript Law Reports, William Hamilton Bryson
Law Faculty Publications
Case law, including published cases and cases that have never been published, is the basis of the common law. Professor Bryson discusses the use of manuscript law reports in Virginia during the eighteenth and nineteenth centuries.
Finley V. United States: Unstringing Pendent Jurisdiction, Wendy Collins Perdue
Finley V. United States: Unstringing Pendent Jurisdiction, Wendy Collins Perdue
Law Faculty Publications
The approach adopted by the Supreme Court in Finley v. United States calls into question not only pendent-claim jurisdiction but ancillary jurisdiction as well. Particularly vulnerable to attack are those uses of ancillary jurisdiction that involve the addition of new parties such as class action, intervention, and impleader. Furthermore, the opinion may lay a foundation for attacking ancillary-claim jurisdiction involving counterclaims or cross-claims. This commentary will examine Finley and the potential impact of the opinion on the various permutations of ancillary and pendent jurisdiction.
Reassessing Rule 11 And Civil Rights Cases, Carl W. Tobias
Reassessing Rule 11 And Civil Rights Cases, Carl W. Tobias
Law Faculty Publications
The Advisory Committee on the Civil Rules amended Federal Rule of Civil Procedure (Rule 11) in August 1983 because of increasing concern about attorney abuses in civil lawsuits and about the so-called litigation explosion. The revision commands courts to sanction lawyers and parties who do not undertake reasonable prefiling inquiries. Certain aspects of the new version's implementation provoked substantial controversy which continued virtually undiminished from the amendment's August 1983 effective date at least until the fifth anniversary of its adoption. Perhaps most controversial was the question whether courts' application inhibited the pursuit of legitimate litigation, especially cases involving civil rights …
Intervention After Webster, Carl W. Tobias
Intervention After Webster, Carl W. Tobias
Law Faculty Publications
Webster v. Reproductive Health Services throws down the gauntlet on the "most politically divisive domestic legal issue of our time," imperiling women's progress in securing reproductive freedom and power in society. The battle over abortion rights is likely to splinter an already deeply divided country. After fierce fighting in many statehouses, some legislatures will pass statutes further restricting abortion. The major battleground, however, will quickly shift to the federal courts, where plaintiffs seeking to protect procreative freedom will challenge these measures. Judges, parties, and lawyers participating in this litigation will rigorously analyze the issues of "substance" that Webster and the …
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.