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Articles 1 - 7 of 7
Full-Text Articles in Law
Jurisdiction, Jurisprudence And Legal Change: Sociological Jurisprudence And The Road To International Shoe, Logan E. Sawyer Iii
Jurisdiction, Jurisprudence And Legal Change: Sociological Jurisprudence And The Road To International Shoe, Logan E. Sawyer Iii
Scholarly Works
While scholars espousing ideological explanations have noted the correlation between the intellectual trends of the New Deal and International Shoe, they have not demonstrated the strength of this connection. Some merely assert that ideology caused International Shoe,12 while others point to only very general similarities between International Shoe and the ideology of the age.' 3 This Article attempts to strengthen the ideological explanation by examining closely the intellectual context of International Shoe. That examination reveals that the decision did not result simply from the expansion of interstate business or the inherent weakness of the Pennoyer system. Instead, International Shoe was …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 2000 and 2001.
They Toil Not, Neither Do They Spin: Civil Liability Under The Oregon Securities Law, Keith A. Rowley
They Toil Not, Neither Do They Spin: Civil Liability Under The Oregon Securities Law, Keith A. Rowley
Scholarly Works
Under Oregon law, persons who sell securities in violation of statutory registration requirements, or by means of some misrepresentation or omission of material fact, may be liable to any person or entity who buys securities from or through them. Likewise, persons who buy securities by means of some misrepresentation or omission of material fact may be liable to any person or entity who sells securities to or through them. In addition to, or in lieu of, suing the person who committed the material misrepresentation or omission, a plaintiff may sue one or more persons or entities who might be vicariously …
Procedural Uniformity And The Exagerated Role Of Rules, Thomas O. Main
Procedural Uniformity And The Exagerated Role Of Rules, Thomas O. Main
Scholarly Works
No abstract provided.
Politics And Sociology In Federal Civil Rulemaking: Errors Of Scope, Jeffrey W. Stempel
Politics And Sociology In Federal Civil Rulemaking: Errors Of Scope, Jeffrey W. Stempel
Scholarly Works
In April 2000 the United States Supreme Court promulgated a package of Proposed Amendments to the Federal Rules of Civil Procedure that took effect on December 1, 2000, without Congressional intervention. As one commentator observed, “(a)ll of (the proposed amendments) promise to have a significant effect on discovery practice.” One Proposed Amendment--narrowing the scope of discovery available pursuant to Rule 26(b)(1)--was particularly controversial before both the Advisory Committee, the Standing Committee, and the Judicial Conference. Nonetheless, the Proposed Amended Rule narrowing scope proceeded from the Court to finality with no intervention by Congress. Proponents of the change minimized criticism by …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 2000 and 2001.
Ending Illegitimate Advocacy: Reinvigorating Rule 11 Through Enhancement Of The Ethical Duty To Report, Lonnie T. Brown, Jr.
Ending Illegitimate Advocacy: Reinvigorating Rule 11 Through Enhancement Of The Ethical Duty To Report, Lonnie T. Brown, Jr.
Scholarly Works
This article seeks to draw attention to certain ethical misconduct of litigators that is routinely accepted, tolerated, or ignored by the legal profession. Though there are other examples, the author focuses on conduct prohibited by Federal Rule of Civil Procedure 11. In particular, the author concentrates on that rule's so-called “safe harbor” provision, which he argues serves to insulate, and possibly encourage, illegitimate advocacy in the form of the assertion and maintenance of frivolous claims, defenses, or other contentions ironically, the very conduct that the rule was ostensibly intended to deter. Regardless of the frequency of this sort of misbehavior, …