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Articles 1 - 30 of 37
Full-Text Articles in Law
The Protected Staus Of Opinion Work Product: A Misconduct Exception, Andrea L. Borgford
The Protected Staus Of Opinion Work Product: A Misconduct Exception, Andrea L. Borgford
Washington Law Review
Opinion work product generally has remained immune from discovery, although two increasingly problematic exceptions have developed to counter this immunity. The vague "at-issue" exception permits discovery of documented mental impressions when those mental impressions are central to the subject matter of the suit. The overly narrow "crime-fraud" exception opens opinion work product to discovery when it has been developed in furtherance of a crime or fraud. Because these redundant yet inadequate exceptions share common elements and goals, courts should streamline this important area of discovery law by condensing them into a new misconduct exception.
Due Process In Civil Forfeiture Cases In Washington After Tellevik V. Real Property, Zhihong Pan
Due Process In Civil Forfeiture Cases In Washington After Tellevik V. Real Property, Zhihong Pan
Washington Law Review
In Tellevik v. Real Property, the Washington Supreme Court held that the government's seizure of real property through an ex parte proceeding complied with the due process requirements of the federal Constitution. This Note examines the Tellevik decision in light of United States Supreme Court case law on procedural due process and lower federal court rulings in real property forfeiture cases. It argues that the Tellevik court, in reaching its decision, misapplied federal case law and concludes that due process requires an opportunity for a full hearing before the government can deprive an owner of real property.
A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried
A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried
BYU Law Review
No abstract provided.
Fines Under New Federal Civil Rule 11: The New Monetary Sanctions For The "Stop-And-Think-Again" Rule, Jeffrey A. Parness
Fines Under New Federal Civil Rule 11: The New Monetary Sanctions For The "Stop-And-Think-Again" Rule, Jeffrey A. Parness
BYU Law Review
No abstract provided.
Central Pathology Service Medical Clinic, Inc. V. Superior Court: Statute Limiting Punitive Damages For The Professional Negligence Of Health Care Providers Includes Intentional Torts, Russell A. Gold
San Diego Law Review
In the 1992 decision of Central Pathology Service Medical Clinic, Inc. v. Superior Court the California Supreme Court held that every plaintiff injured by a health care provider must comply with section 452.13 of the California Civil Procedure Code, provided the injuries are directly related to the provision of professional services. Section 452.13 requires a pretrial determination of whether a punitive damage claim has a substantial probability of prevailing. This statute also applies to intentional torts, in which the plaintiff is injured by treatment to which the plaintiff did not consent. This Casenote analyzes whether additional procedural obstacles are warranted …
Private Justice And The Federal Bench, Lauren K. Robel
Private Justice And The Federal Bench, Lauren K. Robel
Indiana Law Journal
No abstract provided.
Erasing The Law: The Implications Of Settlements Conditioned Upon Vacatur Or Reversal Of Judgments, Michael W. Loudenslager
Erasing The Law: The Implications Of Settlements Conditioned Upon Vacatur Or Reversal Of Judgments, Michael W. Loudenslager
Washington and Lee Law Review
No abstract provided.
Specific Personal Jurisdiction And The "Arise From Or Relate To" Requirement ... What Does It Mean?, Mark M. Maloney
Specific Personal Jurisdiction And The "Arise From Or Relate To" Requirement ... What Does It Mean?, Mark M. Maloney
Washington and Lee Law Review
No abstract provided.
Tightening Judicial Standards For Granting Foreign Discovery Requests, Ryan J. Earl
Tightening Judicial Standards For Granting Foreign Discovery Requests, Ryan J. Earl
BYU Law Review
No abstract provided.
Luddington V. Indiana Bell Telephone: The 1991 Civil Rights Act Is No Help In Pending Cases, William Wright Banks Jr.
Luddington V. Indiana Bell Telephone: The 1991 Civil Rights Act Is No Help In Pending Cases, William Wright Banks Jr.
Mercer Law Review
In Luddington v. Indiana Bell Telephone, the Seventh Circuit held that the Civil Rights Act of 1991 ("the Act") does not apply to suits pending on the effective date of the Act. In so holding, the court faced conflicts between Supreme Court precedent on the issue of when statutes become effective.
The Supreme Court cases deciding whether statutes are to be applied retroactively have been said to be "'in irreconcilable contradiction.' " In Bradley v. School Board of City of Richmond, the Supreme Court stated that statutes are presumed to apply to cases pending when the statute becomes …
Toward A Liberal Application Of The "Close Of All The Evidence" Requirement Of Rule 50(B) Of The Federal Rules Of Civil Procedure: Embracing Fairness Over Formalism, Rollin A. Ransom
Michigan Law Review
This Note examines the language and purposes of rule 50 to determine if and when a relaxed application of its requirements is appropriate. Part I considers the terms and goal of the rule and concludes that its purpose is to put the party opposing the motion for judgment as a matter of law on notice of the movant's assertion that the evidence is insufficient as a matter of law, and to provide the opposing party an opportunity to "cure." Part II discusses courts' varying application of the requirement that a motion for judgment as a matter of law made at …
Civil Justice Reform In The Fourth Circuit, Carl Tobias
Civil Justice Reform In The Fourth Circuit, Carl Tobias
Washington and Lee Law Review
No abstract provided.
Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin
Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin
American University Law Review
No abstract provided.
Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin
Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin
American University Law Review
No abstract provided.
Functions Of Rule 12(B)(6) In The Federal Rules Of Civil Procedure: A Categorization Approach, Yoichiro Hamabe
Functions Of Rule 12(B)(6) In The Federal Rules Of Civil Procedure: A Categorization Approach, Yoichiro Hamabe
Campbell Law Review
The purpose of this article is to clarify the function of Rule 12(b)(6) under liberalized pleading. To achieve this clarification, this article examines the functions of Rule 12(b)(6) by using a categorization approach. Before entering the categorization, the previous controversies over the two opposing directions should be also considered. Accordingly, the functions of Rule 12(b)(6) were researched by reviewing several fundamental questions concerning this obscure Rule.
Jaws Xvi: The Exceptions That Ate Rule 220, 26 J. Marshall L. Rev. 189 (1993), Charles W. Chapman
Jaws Xvi: The Exceptions That Ate Rule 220, 26 J. Marshall L. Rev. 189 (1993), Charles W. Chapman
UIC Law Review
No abstract provided.
Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis
Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis
UIC Law Review
No abstract provided.
The Courtesy Copy Trap: Untimely Removal From State To Federal Court, Robert P. Faulkner
The Courtesy Copy Trap: Untimely Removal From State To Federal Court, Robert P. Faulkner
Maryland Law Review
No abstract provided.
Settling In New York: Abdicating Traditional Agency Principles In The Context Of Settlement Disputes, Dean C. Harvey
Settling In New York: Abdicating Traditional Agency Principles In The Context Of Settlement Disputes, Dean C. Harvey
Touro Law Review
No abstract provided.
The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan
The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan
Touro Law Review
No abstract provided.
Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil
Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil
University of Richmond Law Review
The idea of the last-minute reprieve granted by a distant, unknowable dispenser of mercy to a man condemned to death has a powerful hold on our imaginations. Fyodor Dostoevsky's eleventh hour pardon by the czar in many ways shaped his literary career. The scene of the haunted Death Row prisoner who awaits word from the governor as a ticking clock punctuates his final hours is a stock vignette of Hollywood crime films. Anyone who has ever seized on the slimmest hope, whose fate has been committed to the hands of another - virtually all of us - can identify with …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper
Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper
University of Richmond Law Review
Virginia courts and the General Assembly have effected a number of changes in civil practice and procedure during the past year. This article focuses on some significant developments of interest to the general litigation attorney. Matters affecting real property, juveniles, and construction laws are treated elsewhere in this volume.
For The Civil Practitioner Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992
Washington and Lee Law Review
No abstract provided.
Case Comments N. Limitation Of Actions Shofer V. Hack Co.
Case Comments N. Limitation Of Actions Shofer V. Hack Co.
Washington and Lee Law Review
No abstract provided.
Special Proceedings In Ohio: What Is The Ohio Supreme Court Doing With The Final Judgment Rule, Donald I. Gitlin
Special Proceedings In Ohio: What Is The Ohio Supreme Court Doing With The Final Judgment Rule, Donald I. Gitlin
Cleveland State Law Review
This note will analyze special proceedings in Ohio insofar as they relate to the appealability of interlocutory orders. Because of the complex and evolving nature of the Ohio Supreme Court's interpretation of special proceedings, this note's analysis must necessarily be largely descriptive of Ohio case law. In addition, this note will highlight differences between Ohio appellate practice and federal practice in order to acquaint the reader with the dramatically different results reached by the two systems. In addition, Part II of this note will examine what is meant by the phrase "substantial right," which appears in the second prong of …
Enforcement Of Judgments In Mexico: The 1988 Rules Of The Federal Code Of Civil Procedure, Jorge A. Vargas
Enforcement Of Judgments In Mexico: The 1988 Rules Of The Federal Code Of Civil Procedure, Jorge A. Vargas
Northwestern Journal of International Law & Business
This article describes and analyzes the reforms to the Federal Code of Civil Procedure in the following four areas: (1) application and proof of foreign law; (2) processing of letters rogatory; (3) international cooperation for the taking of evidence, and (4)enforcement of foreign judgments. The first part offers an overview and commentary on the very few provisions Mexico had enacted in the area of international procedural cooperation prior to the 1988 reform. Part two explores the legislative history of the 1988 amendments, emphasizing the objective and purpose of the legislative bills submitted to Congress by the President of Mexico. The …
Adverse Publicity As A Means Of Reducing Judicial Decision-Making Delay: Periodic Disclosure Of Pending Motions, Bench Trials And Cases Under The Civil Justice Reform Act, Charles Gardner Geyh
Adverse Publicity As A Means Of Reducing Judicial Decision-Making Delay: Periodic Disclosure Of Pending Motions, Bench Trials And Cases Under The Civil Justice Reform Act, Charles Gardner Geyh
Cleveland State Law Review
The modest objective of this article is to analyze §476 in light of the purpose it was designed to serve, and to evaluate the performance of that section during the two years that it has been in operation. To do that, it is useful to begin by placing §476 in the larger context of ongoing efforts to address and remedy indefensible decision-making delays. Section II will, therefore, summarize the causes of decision-making delay, dividing them among the defensible and the indefensible, and then review existing mechanisms for alleviating indefensible delay. The point worth underscoring is that while defensible delays-particularly delays …