Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Procedure (16)
- Civil Rights and Discrimination (5)
- Courts (3)
- Administrative Law (2)
- Constitutional Law (2)
-
- Litigation (2)
- Bankruptcy Law (1)
- Commercial Law (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Environmental Law (1)
- Estates and Trusts (1)
- Judges (1)
- Jurisdiction (1)
- Labor and Employment Law (1)
- Law and Gender (1)
- Legal Education (1)
- Legal History (1)
- Legal Writing and Research (1)
- Natural Resources Law (1)
- Other Law (1)
- Property Law and Real Estate (1)
- Religion Law (1)
- State and Local Government Law (1)
- Supreme Court of the United States (1)
- Institution
- Keyword
-
- CJRA (5)
- Civil Justice Reform Act of 1990 (4)
- F.R.C.P. Rule 11 (4)
- Montana (4)
- Donation Act (2)
-
- Federal Rules of Civil Procedure (2)
- Pennoyer v. Neff (2)
- 28 U.S.C. § 1367 (1)
- AND GOOD FAITH PURCHASERS (1)
- Abortion (1)
- Access to Justice Act (1)
- Administrative law judges (1)
- Analysis (1)
- Anita Hill (1)
- Bankruptcy Code (1)
- Bankruptcy policy (1)
- Bill of Rights (1)
- Business debtor (1)
- CREDITORS (1)
- Cases (1)
- Chapter 11 (1)
- Charles Gromley (1)
- Charles gromley (1)
- Civil Justice Reform act of 1990 (1)
- Civil Rights Act of 1991 (1)
- Civil Rules Advisory Committee (1)
- Civil justice reform (1)
- Civil procedure (1)
- Civil rights (1)
- Clarence Thomas (1)
Articles 1 - 30 of 37
Full-Text Articles in Law
Happy Anniversary, Anita And Clarence!, Bruce Berner
Happy Anniversary, Anita And Clarence!, Bruce Berner
Law Faculty Publications
No abstract provided.
The Preclusive Effect Of Unemployment Compensation Determinations In Subsequent Litigation: A Federal Solution, Ann C. Hodges
The Preclusive Effect Of Unemployment Compensation Determinations In Subsequent Litigation: A Federal Solution, Ann C. Hodges
Law Faculty Publications
This article examines the use of the doctrine of collateral estoppel to preclude litigation of statutory and common law actions challenging employee discharge based on determinations in unemployment compensation proceedings. First, the article reviews the history of the doctrine of collateral estoppel and examines the policies underlying its application. Next, the article reviews unemployment compensation law and analyzes the cases that have considered whether unemployment compensation determinations have preclusive effect in later litigation. After examining the existing law, the article engages in a comparative analysis of the advantages and disadvantages of according preclusive effect to unemployment compensation determinations, in light …
A Road Less Traveled To A Federal Era, John Paul Jones
A Road Less Traveled To A Federal Era, John Paul Jones
Law Faculty Publications
Professor Jones examines efforts to ratify the federal Equal Rights Amendment which ended unsuccessfully in 1982. He argues that efforts to use the federal courts to fill in the gaps in protection of rights based on gender are likely to fall far short of what the Amendment would have provided, and that a renewed attempt at ratification would likely meet the same fate as the earlier one. He suggests a third alternative, U.S. ratification of the Convention on the Elimination of All Forms of Discrimination against Women, as the most feasible means of achieving the goals of the ERA without …
Teaching Legal Research: Past And Present, Joyce Manna Janto
Teaching Legal Research: Past And Present, Joyce Manna Janto
Law Faculty Publications
For years librarians have debated which procedures will most effectively instruct law students in the art of legal research. Ms. Janto and Ms. Harrison-Cox trace the history of these efforts and propose a model program for the teaching of legal research.
Rule Revision Roundelay, Carl W. Tobias
Rule Revision Roundelay, Carl W. Tobias
Law Faculty Publications
A critique of the proposed revision of F.R.C.P. Rule 11.
Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri
Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri
Law Faculty Publications
This article will discuss select, basic principles of Islamic law relating to democratic governance, pointing out in the process certain areas of disagreement surrounding them in the literature and the grounds for such disagreements. Part II of this article presents a brief overview of Islamic law in order to provide a foundation for later discussion. The article then assesses the Islamic system of government in light of two major principles of Western democracies. They are (1) the principle that the will of the people shall be the basis of the authority of the government (Principle A) and (2) the principle …
Civil Justice Reform And The Balkanization Of Federal Civil Procedure, Carl W. Tobias
Civil Justice Reform And The Balkanization Of Federal Civil Procedure, Carl W. Tobias
Law Faculty Publications
The recent civil war ripping apart Yugoslavia is a trenchant reminder of the horrors of balkanization. Without trivializing the Yugoslavian experience, the term balkanization usefully applies to developments in American federal civil procedure that now threaten the continued viability of a uniform, simple system of procedure. Thirty-four federal courts' nascent implementation of the Civil Justice Reform Act (CJRA) of 1990 will exacerbate these developments; indeed, if the remaining sixty districts that must issue civil justice expense and delay reduction plans by December 1993 fail to halt this trend, the Act will further fragment procedure. This article cautions those responsible for …
Reconsidering Rule 11, Carl W. Tobias
Reconsidering Rule 11, Carl W. Tobias
Law Faculty Publications
The Advisory Committee on the Civil Rules recently proposed that the Supreme Court and Congress amend Federal Rule of Civil Procedure 11. 1 The Rule, as revised in 1983, has been the most controversial amendment in the half-century history of the Federal Rules. Judges have inconsistently applied the 1983 revision, and it has engendered much expensive satellite litigation. Considerable evidence suggests that Rule 11 activity has chilled civil rights plaintiffs and attorneys. These difficulties led the Advisory Committee to initiate a study of the Rule in August of 1990, to solicit written public comments on its operation which were due …
Suits For Benefits Under Erisa, Jay Conison
Suits For Benefits Under Erisa, Jay Conison
Law Faculty Publications
No abstract provided.
Foundations Of The Common Law Of Plans, Jay Conison
Foundations Of The Common Law Of Plans, Jay Conison
Law Faculty Publications
No abstract provided.
Happy Birthday, Sweet 200; Happy Birthday, Sweet Sixteen, Bruce Berner
Happy Birthday, Sweet 200; Happy Birthday, Sweet Sixteen, Bruce Berner
Law Faculty Publications
No abstract provided.
Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy
Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy
Law Faculty Publications
No abstract provided.
State And Federal Constitutional Law Developments Affecting Indiana Law, Rosalie Levinson
State And Federal Constitutional Law Developments Affecting Indiana Law, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Charlie: A Reminiscence, Bruce Berner
Administrative Law Judges: Past, Present And Future, John Paul Jones
Administrative Law Judges: Past, Present And Future, John Paul Jones
Law Faculty Publications
Prof. Jones' account of the history of administrative law judges. The text of this article is taken from his address at the annual conference and seminar of the National Association of Administrative Law Judges, held October 16-19, 1991 in Richmond, Virginia.
The New Supplemental Jurisdiction Statute--Flawed But Fixable, Wendy Collins Perdue
The New Supplemental Jurisdiction Statute--Flawed But Fixable, Wendy Collins Perdue
Law Faculty Publications
A critique of the newly enacted 28 U.S.C. § 1367, which delineated the circumstances under which federal courts could rule on additional claims related to the one that is the basis of federal jurisdiction.
Civil Rights Plaintiffs And The Proposed Revision Of Rule 11, Carl W. Tobias
Civil Rights Plaintiffs And The Proposed Revision Of Rule 11, Carl W. Tobias
Law Faculty Publications
The 1983 amendment of Federal Rule of Civil Procedure 11 has been the most controversial revision of the Federal Rules in their fifty-five-year history, and Rule l l's implementation has been most controversial in civil rights cases. Rule ll's application has disadvantaged civil rights plaintiffs more than any other category of civil litigant. Courts have found civil rights plaintiffs in violation of Rule 11 at a higher rate than other types of plaintiffs and have imposed substantial sanctions on them. Civil rights plaintiffs have been required to participate in expensive, unnecessary satellite litigation involving this provision. Indeed, a new study …
Postpetition Lending Under Section 364: Issues Regarding The Gap Period And Financing For Prepackaged Plans, David G. Epstein
Postpetition Lending Under Section 364: Issues Regarding The Gap Period And Financing For Prepackaged Plans, David G. Epstein
Law Faculty Publications
If the priorities provided by section 364(c) are insufficient to entice potential lenders to provide sufficient :financing to a Chapter 11 debtor, the debtor may, with the court's approval, obtain credit by granting the lender a lien on property of the debtor that is senior to existing liens on such property (a "priming lien"). The granting of such a priming lien, however, is subject to several statutory conditions. First, as with section 364(c), the debtor must prove that it cannot obtain credit on any less intrusive basis (i.e., through the use of section 364(a), (b), or (c)). Second, the debtor …
Civil Rights Procedural Problems, Carl W. Tobias
Civil Rights Procedural Problems, Carl W. Tobias
Law Faculty Publications
Congress passed the Civil Rights Act of 1991 primarily to modify numerous Supreme Court opinions of the 1988 Term that jeopardized the rights of minorities and women. Particularly striking about those Supreme Court cases was the number which involved procedural questions and process values. These included the timing of litigation, both when employment discrimination victims must commence actions and when non-parties can reopen civil rights cases resolved through consent decrees; litigant responsibility for the expense of lawsuits; and proof requirements.
Most of the procedural developments in civil rights and employment discrimination litigation of the 1988 Term, however, were only recent …
Environmental Litigation And Rule 11, Carl W. Tobias
Environmental Litigation And Rule 11, Carl W. Tobias
Law Faculty Publications
The 1983 amendment to Federal Rule of Civil Procedure 11 has been the most controversial revision in the half-century history of the Federal Rules. Judges have applied amended Rule 11, which requires them to sanction lawyers and parties who do not conduct reasonable inquiries before filing papers, in over 1000 reported opinions, considerably more unreported determinations, and numerous informal contexts. The Rule has engendered much unnecessary satellite litigation and has been implemente4 inconsistently, while attorneys' fees remain the "sanction of choice" for violations. Rule 11 activity has especially disadvantaged civil rights plaintiffs and lawyers, whose lack of resources can make …
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
Law Faculty Publications
This article reviews recent case law and related developments under Articles 1, 2, 6 and 7 of the Uniform Commercial Code (U.C.C. or Code).
The President And The Federal Bench, Carl W. Tobias
The President And The Federal Bench, Carl W. Tobias
Law Faculty Publications
Professor Tobias assesses the efforts of the George H.W. Bush Administration in appointing women and African-Americans to the federal bench.
Fact, Fiction, And Forest Service Appeals, Carl W. Tobias
Fact, Fiction, And Forest Service Appeals, Carl W. Tobias
Law Faculty Publications
People who live in the western United States have long considered the United States Forest Service to be a mammoth, hierarchical bureaucracy. The Forest Service has responsibility for managing the national forests, which in some western states comprise substantial components of the total land base. The Forest Service administers the national forests pursuant to numerous congressional mandates. Perhaps the most important and most difficult task that Congress has assigned the Forest Service is to manage the national forests for multiple uses, including resource (timber, mineral, oil and gas) extraction, recreation, fish and wildlife, and water quality. Implementation of this multiple-use …
Montana Fight Over Women's Rights, Carl W. Tobias
Montana Fight Over Women's Rights, Carl W. Tobias
Law Faculty Publications
Report of abortion protests that took place in various locations around Montana.
Should Montana Adopt A Civil Justice Reform Act?, Carl W. Tobias
Should Montana Adopt A Civil Justice Reform Act?, Carl W. Tobias
Law Faculty Publications
Civil justice reform in the federal government has become highly controversial. Each branch of the federal government apparently is vying to outdo the others in the field of civil justice reform. Congress passed the Civil Justice Reform Act of 1990 (CJRA) to reduce expense and delay in federal civil litigation, and the federal judiciary has been implementing that statute since late 1990. In December, 1991, the Montana Federal District Court became one of thirty-four federal districts which issued civil justice expense and delay reduction plans to qualify for designation as Early Implementation District Courts (EIDC) under the CJRA.
During October, …
Amending The Other Party Joinder Amendments, Carl W. Tobias
Amending The Other Party Joinder Amendments, Carl W. Tobias
Law Faculty Publications
Comparatively little controversy attended the semi-annual meeting of the Civil Rules Advisory Committee which was held in late November, 1991. During that meeting, however, the Committee preliminarily considered the prospect of amending Federal Rule of Civil Procedure 23, which governs class actions.
The Advisory Committee is now contemplating possible revision of Rule 23 governing class actions. If that effort proceeds, the Committee should seriously consider reexamining Rules 19 and 24(a)(2), the other two party joinder provisions that were simultaneously changed and integrated with Rule 23 more than a quarter-century ago. This would enable the Committee to propose an integrated package …
Civil Justice Reform Roadmap, Carl W. Tobias
Civil Justice Reform Roadmap, Carl W. Tobias
Law Faculty Publications
All three branches of the federal government have instituted initiatives aimed at reducing expense and delay in civil litigation. On October 23, 1991, President Bush issued an Executive Order that imposes a number of requirements on government lawyers who participate in civil litigation. During February 1992, the Administration sponsored introduction of the Access to Justice Act, its legislative proposal for civil justice reform. The bill did not pass, because it included certain provisions that apparently proved unacceptable to many members of the House and Senate.
Regardless of how the controversy over civil justice reform is ultimately resolved, the reform effort …
Book Review: The North Carolina Legal Deskbook, Timothy L. Coggins
Book Review: The North Carolina Legal Deskbook, Timothy L. Coggins
Law Faculty Publications
A book review on The North Carolina Legal Deskbook: The Common Sense Approach 1992-93.
Charlie: A Reminiscence, Bruce G. Berner
Charlie: A Reminiscence, Bruce G. Berner
Law Faculty Publications
No abstract provided.
Legal Lore: Sin, Scandal, And Substantive Due Process, Wendy Collins Perdue
Legal Lore: Sin, Scandal, And Substantive Due Process, Wendy Collins Perdue
Law Faculty Publications
For students of civil procedure, the names Pennoyer and Neff evoke these dry facts: In an initial suit, one J.H. Mitchell sued Neff in Oregon state court. Because Neff could not be found within Oregon, he was served by pub- lication. Neff never appeared, and a default judgment was entered against him. To satisfy the judgment, Mitchell attached Neff's Oregon real estate. The property was sold at auction, and Pennoyer later acquired it. Nearly a decade later, Neff returned to Oregon and brought suit in federal court to evict Pennoyer from the land, claiming that the original judgment was invalid. …