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Civil Procedure Commons

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Articles 1 - 6 of 6

Full-Text Articles in Civil Procedure

Flipping The Script On Brady, Ion Meyn Jul 2020

Flipping The Script On Brady, Ion Meyn

Indiana Law Journal

Brady v. Maryland imposes a disclosure obligation on the prosecutor and, for this

reason, is understood to burden the prosecutor. This Article asks whether Brady also

benefits the prosecutor, and if so, how and to what extent does it accomplish this?

This Article first considers Brady’s structural impact—how the case influenced

broader dynamics of litigation. Before Brady, legislative reform transformed civil

and criminal litigation by providing pretrial information to civil defendants but not

to criminal defendants. Did this disparate treatment comport with due process?

Brady arguably answered this question by brokering a compromise: in exchange for

imposing minor obligations on …


Solving The Puzzle Of Transnational Class Actions, Kevin M. Clermont Jan 2015

Solving The Puzzle Of Transnational Class Actions, Kevin M. Clermont

Indiana Law Journal

How should a U.S. class action treat proposed foreign class members in a circumstance where any resulting judgment will likely not bind those absentees abroad? The Author responds to Zachary Clopton’s analysis of this puzzle, and introduces a counterproposal.


Blind Man's Bluff: An Analysis Of The Discovery Of Expert Witnesses Under Federal Rule Of Civil Procedure 26(B)(4) And A Proposed Amendment, Mathew R. Wildermuth Oct 1989

Blind Man's Bluff: An Analysis Of The Discovery Of Expert Witnesses Under Federal Rule Of Civil Procedure 26(B)(4) And A Proposed Amendment, Mathew R. Wildermuth

Indiana Law Journal

No abstract provided.


Class Actions And Duplicative Litigation, Edward F. Sherman Jul 1987

Class Actions And Duplicative Litigation, Edward F. Sherman

Indiana Law Journal

No abstract provided.


Studying Civil Litigation Through The Class Action, Bryant G. Garth Jul 1987

Studying Civil Litigation Through The Class Action, Bryant G. Garth

Indiana Law Journal

No abstract provided.


Class Actions: Judicial Control Of Defense Communication With Absent Class Members, Donald D. Levenhagen Jan 1983

Class Actions: Judicial Control Of Defense Communication With Absent Class Members, Donald D. Levenhagen

Indiana Law Journal

No abstract provided.