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Full-Text Articles in Law

The Proposed Federal Rules Of Appellate Procedure, Sherman L. Cohn Jan 1966

The Proposed Federal Rules Of Appellate Procedure, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

After a discussion of the history of uniform procedural rules and the authority of the Supreme Court to promulgate uniform appellate rules, Professor Cohn discusses some of the problems of expense and delay which are found in the appellate system today. In his analysis of the Proposed Uniform Rules of Federal Appellate Procedure, the author gives special emphasis to those areas where the rules constitute a departure from present practice. In addition, several changes are suggested in areas in which the author believes further improvement can be made.


The New Federal Rules Of Civil Procedure, Sherman L. Cohn Jan 1966

The New Federal Rules Of Civil Procedure, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

The amendments to the civil rules continue a process of transition from legal formulas toward adaptation to the practicalities of the various factual situations involved. This process was commenced with the early reform movement when the strictures of common-law, form-of-action pleading were abolished and the artificial separation of law and equity was ended. It continued through the original promulgation of the Federal Rules of Civil Procedure which attempted to eliminate many of the legalistic but artificial restrictions that code practice perpetuated. The current amendments move closer to what Mr. Justice Goldberg termed "the aims of a liberal, nontechnical application" of …


Book Review. Civil Procedure In Swedish By R. B. Ginsburg And A. Bruzelius, Jurij Fedynskyj Jan 1966

Book Review. Civil Procedure In Swedish By R. B. Ginsburg And A. Bruzelius, Jurij Fedynskyj

Articles by Maurer Faculty

No abstract provided.


Civil Code: Notes For An Uncelebrated Centennial, William B. Fisch Jan 1966

Civil Code: Notes For An Uncelebrated Centennial, William B. Fisch

Faculty Publications

This is the first installment of a projected study of the Dakota Civil Code. While this portion deals with the historical background of the Code and its content as drafted for New York by David Dudley Field, a subsequent article will deal with its fate in the hands of the bar, the legislature and the courts in New York, California, and especially the Dakotas.