Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Practice and Procedure (3)
- Civil Procedure (2)
- Class actions (2)
- Intervention (2)
- 50 percent hypothesis (1)
-
- Abortion (1)
- Antitrust (1)
- Attorney-Client Privilege (1)
- Benjamin Klein (1)
- Case law (1)
- Choice of law (1)
- Civil litigation (1)
- Civil practice (1)
- Civil rights (1)
- Common law (1)
- Cplr (1)
- Damages (1)
- Discovery (1)
- Diversity (1)
- Diversity jurisdiction (1)
- Empirical legal studies (1)
- Erie (1)
- Expert witnesses (1)
- F.R.C.P. Rule 11 (1)
- F.R.C.P. Rule 23 (1)
- F.R.C.P. Rule 24 (1)
- Federal Rules of Civil Procedure (1)
- Fees (1)
- Finley v. United States (1)
- George Priest (1)
Articles 1 - 17 of 17
Full-Text Articles in Law
Post-Removal Changes In The Party Structure Of Diversity Cases: The Old Law, The New Law, And Rule 19, Joan E. Steinman
Post-Removal Changes In The Party Structure Of Diversity Cases: The Old Law, The New Law, And Rule 19, Joan E. Steinman
All Faculty Scholarship
A petition for writ of certiorari in Steel Valley Authority v. Union Switch & Signal Division, 809 F.2d 1006 (3d Cir. 1987), presented to the Court the question whether a district court had authority to remand to the state court a case that had been properly removed on diversity grounds but in which the plaintiff, after removal, had amended the complaint to join a nondiverse defendant. In Steel Valley, the court of appeals found the nondiverse defendant to be indispensable, although the original defendants, petitioners to the Supreme Court, contended that plaintiff had asserted no substantive claims or colorable causes …
Testing The Selection Effect: A New Theoretical Framework With Empirical Tests, Theodore Eisenberg
Testing The Selection Effect: A New Theoretical Framework With Empirical Tests, Theodore Eisenberg
Cornell Law Faculty Publications
Recent law and economics scholarship has produced much theoretical and empirical work on how and why legal disputes are settled and litigated. One of the most significant developments in this literature, attributable to the work of William Baxter and the combined efforts of George Priest and Benjamin Klein, has been the formation of a theory about both the selection of disputes for trial and the rates of success that plaintiffs enjoy for those cases that are resolved at trial. The basic theory contains two components. The selection effect refers to the proposition that the selection of tried cases is not …
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.
Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese
Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese
Faculty Publications
No abstract provided.
Survey Of Illinois Law - Civil Procedure, 14 S. Ill. U. L.J. 699 (1990), Diane S. Kaplan, Donald L. Beschle
Survey Of Illinois Law - Civil Procedure, 14 S. Ill. U. L.J. 699 (1990), Diane S. Kaplan, Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
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 …
Civil Practice, Jay C. Carlisle
Civil Practice, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
During the Survey year the New York Court of Appeals upheld the constitutionality of the state toxic tort revivor statute and adopted the market share theory in DES cases. The court also gave the bar a Christmas present in Tewari v. Tsoutsouros3 and clarified important discovery issues .Two appellate courts held that the AIDS virus falls within New York Civil Practice Law and Rules ("CPLR") 214-c and issued important decisions in notice of claims cases.6Also, several trial courts actively applied new sanctions rules. Perhaps the most important developments during the Survey year were the bench and bar proposals relating to …
Juridical Chameleons In The "New Erie" Canal, Donald L. Doernberg
Juridical Chameleons In The "New Erie" Canal, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
The New Erie doctrine, however, has become a doctrine of convenience, inconsistently applied by conservative and liberal Justices alike. It is the antithesis of a “neutral principle” of constitutional adjudication. To use Justice Jackson's term, the federal laws are not the “juridical chameleons”--the Justices are. Part II of this Article discusses the old and the New Erie doctrines as articulated by the United States Supreme Court. Part III demonstrates the difficulty of limiting the New Erie doctrine to the single area of implied rights of action and shows how the broad brush with which the doctrine's proponents paint necessarily touches …
The New Quasi In Rem Jurisdiction: New York's Revival Of A Doctrine Whose Time Has Passed, Michael B. Mushlin
The New Quasi In Rem Jurisdiction: New York's Revival Of A Doctrine Whose Time Has Passed, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
This Article closely examines the rationale offered for the new quasi in rem jurisdiction, and concludes that it cannot withstand careful analysis. Courts have explained that the new theory of quasi in rem jurisdiction is necessary to fill gaps in the state's long arm statute. However, gaps in a long arm statute can be filled by legislative amendments which can provide in personam jurisdiction up to the full extent permitted by due process. In fact, long arm statutes have steadily expanded over the last decade to take up the slack left by Shaffer. In personam jurisdiction under a long arm …
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 …
Has The Chancellor Shot Himself In The Foot? Looking For A Middle Ground On Rule 11 Sanctions, Melissa Lee Nelken
Has The Chancellor Shot Himself In The Foot? Looking For A Middle Ground On Rule 11 Sanctions, Melissa Lee Nelken
Faculty Scholarship
No abstract provided.
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.
Post-Trial Motions In Private Antitrust Actions: A Practitioner's Guide, John E. Rumel
Post-Trial Motions In Private Antitrust Actions: A Practitioner's Guide, John E. Rumel
Articles
No abstract provided.
The Impact Of Federal Rule 11 On Lawyers And Judges In The Northern District Of California, Melissa Lee Nelken
The Impact Of Federal Rule 11 On Lawyers And Judges In The Northern District Of California, Melissa Lee Nelken
Faculty Scholarship
No abstract provided.
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt
Articles
No abstract provided.
The Constitutional Right To Expert Assistance For Indigents In Civil Cases, David Medine
The Constitutional Right To Expert Assistance For Indigents In Civil Cases, David Medine
Articles by Maurer Faculty
No abstract provided.