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Full-Text Articles in Law

The Myth Of Uniformity In Federal Civil Procedure: Federal Civil Rule 83 And District Court Local Rulemaking Powers, David M. Roberts Jan 1985

The Myth Of Uniformity In Federal Civil Procedure: Federal Civil Rule 83 And District Court Local Rulemaking Powers, David M. Roberts

Seattle University Law Review

This Article begins by demonstrating that the proliferation of local rules indeed poses a threat to the integrity and uniformity of federal procedure. The Article next examines the general policies relating to local rulemaking. Based on that analysis, the final section presents specific proposals for rethinking rule 83 to permit informed local control over truly local matters, while placing beyond the reach of district courts those matters that are national in scope.


Class Actions—Washington Style: A Look At Washington Superior Court Rule 23, Allen K. Easley Jan 1985

Class Actions—Washington Style: A Look At Washington Superior Court Rule 23, Allen K. Easley

Seattle University Law Review

This Article focuses on class actions in the Washington State courts. It compares and contrasts the Washington experience with practice under the federal class action rule, and places particular emphasis on the differences between state and federal practice.


Tightening The Reigns On Pendent And Ancillary Jurisdiction, David Lawyer Jan 1985

Tightening The Reigns On Pendent And Ancillary Jurisdiction, David Lawyer

Seattle University Law Review

Federal courts are courts of limited jurisdiction. Article III, section 2 of the United States Constitution makes this principle clear by the statement that "judicial Power shall extend to all Cases . . arising under this Constitution, the Laws of the United States, and Treaties . . . and . . . to all controversies . . . between Citizens of different States . . ."' One might argue that "judicial power" under Article III is not the same thing as jurisdiction. But the exercise of jurisdiction in situations in which a federal court does not have judicial power would …