Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Law
Removal, Remand And Review In Pendent Claim And Pendent Party Cases, Joan E. Steinman
Removal, Remand And Review In Pendent Claim And Pendent Party Cases, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Removal, Remand And Review In Pendent Claim And Pendent Party Cases, Joan E. Steinman
Removal, Remand And Review In Pendent Claim And Pendent Party Cases, Joan E. Steinman
Joan E. Steinman
No abstract provided.
Civil Practice, Jay C. Carlisle
Civil Practice, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
While 1986 was a watershed year for the CPLR practitioner, 1987 passed with what one prominent commentator has referred "a yawn." Nonetheless, there were several important amendments to the CPLR in 1987 and our courts produced more than a few ''drab” opinions worthy of discussion. Furthermore, the bar and bench should rejoice because this year's Survey marks the twenty-fifth anniversary of the CPLR and the fiftieth anniversary of the Federal Rules of Civil Procedure. It is also the sixty-fifth year since a commentator first reviewed significant developments in New York civil practice.
Simplified Procedure For Court Determination Of Disputes Under New York's Civil Practice Law And Rules, Jay C. Carlisle
Simplified Procedure For Court Determination Of Disputes Under New York's Civil Practice Law And Rules, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
Although the SPCDD is not often utilized, its potential for alleviating crowded court dockets merits a critical review. Part I of this Article discusses the history of the SPCDD and describes its provisions. Part II compares the SPCDD with alternative methods of dispute resolution in New York and Part III offers suggestions as to why lawyers are reluctant to take advantage of the simplified procedure. Part IV evaluates the ways in which the SPCDD is particularly compatible with the IAS and suggests methods for the SPCDD's full implementation.
The Chancellor's Boot, Stephen B. Burbank
The Chancellor's Boot, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger
Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger
Articles & Chapters
This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …