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Civil Procedure Commons

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Articles 1 - 24 of 24

Full-Text Articles in Civil Procedure

Reaping The Benefits Of Class Cerification: How And When Should "Significant Proof" Be Required Post-Dukes?, Julie Slater May 2011

Reaping The Benefits Of Class Cerification: How And When Should "Significant Proof" Be Required Post-Dukes?, Julie Slater

BYU Law Review

No abstract provided.


But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas Nov 2010

But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas

BYU Law Review

No abstract provided.


Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner May 2010

Saving Stare Decisis: Preclusion, Precedent, And Procedural Due Process, Max Minzner

BYU Law Review

No abstract provided.


Close Enough For Government Work: The Committee Rulemaking Game, Paul Stancil Jan 2010

Close Enough For Government Work: The Committee Rulemaking Game, Paul Stancil

Faculty Scholarship

Procedural rules in U.S. courts often have predictable and systemic substantive consequences. Yet the vast majority of procedural rules are drafted, debated, and ultimately enacted by a committee rulemaking process substantially removed from significant legislative or executive supervision. This Article explores the dynamics of the committee rulemaking process through a game-theoretical lens. The model reveals that inferior players in the committee rulemaking game - advisory committees, the Standing Committee on Rules of Practice and Procedure, the Judicial Conference and the Supreme Court - are sometimes able to arbitrage Congressional transaction costs to obtain results at odds with the results Congress …


Who Gets Counted? Jury List Representativeness For Hispanics In Areas With Growing Hispanic Populations Under Duren V. Missouri, Stephen E. Reil Mar 2007

Who Gets Counted? Jury List Representativeness For Hispanics In Areas With Growing Hispanic Populations Under Duren V. Missouri, Stephen E. Reil

BYU Law Review

No abstract provided.


When Does A Party Prevail?: A Proposed "Third-Circuit-Plus" Test For Judicial Imprimatur, Matthew B. Tenney May 2005

When Does A Party Prevail?: A Proposed "Third-Circuit-Plus" Test For Judicial Imprimatur, Matthew B. Tenney

BYU Law Review

No abstract provided.


Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns Mar 2005

Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns

BYU Law Review

No abstract provided.


A Proposed Solution To Jury Confusion In Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo Mar 2004

A Proposed Solution To Jury Confusion In Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo

BYU Law Review

No abstract provided.


Advisory Juries And Their Use And Misuse In Federal Tort Claims Act Cases, Matthew L. Zabel Mar 2003

Advisory Juries And Their Use And Misuse In Federal Tort Claims Act Cases, Matthew L. Zabel

BYU Law Review

No abstract provided.


Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook May 1997

Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook

BYU Law Review

No abstract provided.


The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark Sep 1995

The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark

BYU Law Review

No abstract provided.


Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii Sep 1995

Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii

BYU Law Review

No abstract provided.


The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn Sep 1995

The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn

BYU Law Review

No abstract provided.


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 Sep 1993

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.


Tightening Judicial Standards For Granting Foreign Discovery Requests, Ryan J. Earl Mar 1993

Tightening Judicial Standards For Granting Foreign Discovery Requests, Ryan J. Earl

BYU Law Review

No abstract provided.


Interpreting Statutes Faithfully-Not Dynamically, Craig W. Dallon Sep 1991

Interpreting Statutes Faithfully-Not Dynamically, Craig W. Dallon

BYU Law Review

No abstract provided.


Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman May 1991

Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman

BYU Law Review

No abstract provided.


Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow May 1991

Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow

BYU Law Review

No abstract provided.


Strandell V. Jackson County And G. Heileman Brewing Co. V. Joseph Oat Corp.: The Failure Of The Seventh Circuit Court Of Appeals To Narrow The Interpretation Of Rule 16 And Limit The Inherent Power Doctrine, Farol Parco Mar 1990

Strandell V. Jackson County And G. Heileman Brewing Co. V. Joseph Oat Corp.: The Failure Of The Seventh Circuit Court Of Appeals To Narrow The Interpretation Of Rule 16 And Limit The Inherent Power Doctrine, Farol Parco

Brigham Young University Journal of Public Law

No abstract provided.


Muddying The Unclear Waters Of Standing: Allen V. Wright, Larry S. Jenkins Mar 1985

Muddying The Unclear Waters Of Standing: Allen V. Wright, Larry S. Jenkins

BYU Law Review

No abstract provided.


The Use Of A Rule 37(B)(2)(A) Sanction To Establish In Personam Jurisdiction, Jeffrey A. Robinson Mar 1982

The Use Of A Rule 37(B)(2)(A) Sanction To Establish In Personam Jurisdiction, Jeffrey A. Robinson

BYU Law Review

No abstract provided.


Federal Appeals Court's State Law Ruling Entitled To Conclusive Deference: Factors Etc., Inc. V. Pro Arts, Inc., J. Stanton Curry Nov 1981

Federal Appeals Court's State Law Ruling Entitled To Conclusive Deference: Factors Etc., Inc. V. Pro Arts, Inc., J. Stanton Curry

BYU Law Review

No abstract provided.


The Influence Of Jury Deliberation On Juror Perception Of Trial, Credibility, And Damage Awards, S. Femi Sonaike Nov 1978

The Influence Of Jury Deliberation On Juror Perception Of Trial, Credibility, And Damage Awards, S. Femi Sonaike

BYU Law Review

No abstract provided.


Federal Courts-Rules Of Civil Procedure-Postjudgment Motion To Intervene To Appeal Denial Of Class Certification Is Timely-United Airlines, Inc. V. Mcdonald Mar 1978

Federal Courts-Rules Of Civil Procedure-Postjudgment Motion To Intervene To Appeal Denial Of Class Certification Is Timely-United Airlines, Inc. V. Mcdonald

BYU Law Review

No abstract provided.