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Civil Procedure Commons

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Full-Text Articles in Civil Procedure

Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl Sep 2019

Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl Sep 2019

Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl Sep 2019

Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


Disciplinary Regulation Of Prosecutorial Discretion: What Would A Rule Look Like?, Samuel J. Levine Jul 2019

Disciplinary Regulation Of Prosecutorial Discretion: What Would A Rule Look Like?, Samuel J. Levine

Samuel J. Levine

This Essay is the third part of a larger project examining the potential role of professional discipline in the regulation and supervision of prosecutors’ charging decisions. The first two parts of the project argued that courts have both the authority and the ability to exercise effective disciplinary review of charging decisions through the adoption of ethics rules and their enforcement in the disciplinary process. This Essay takes the next step in the project, considering the nature of rules that courts might adopt, by exploring potential rules targeting two improprieties: arbitrary and capricious charging decisions, and discriminatory charging decisions.


Rethinking Civil Rico: The Vexing Problem Of Causation In Fraud-Based Claims Under 18 U.S.C. § 1962(C), Randy D. Gordon Jun 2018

Rethinking Civil Rico: The Vexing Problem Of Causation In Fraud-Based Claims Under 18 U.S.C. § 1962(C), Randy D. Gordon

Randy D. Gordon

To recover in a private action, the three-part structure of RICO demands proof of particularized crimes at two levels and civil standing to sue for those crimes. The interpretation and application of the standing requirement — which arises from the statute’s mandate that compensable injuries be caused “by reason of” acts of racketeering — have bedeviled courts and litigants for decades. Recent developments in class action law have exacerbated the problem. As more and more courts have rendered it nearly impossible to certify classes asserting state-law claims, class plaintiffs have turned to uniform federal laws like RICO. But civil RICO …


Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz Jun 2017

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Erwin Chemerinsky

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky Jun 2017

Procedural Due Process Claims, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno Jan 2016

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Joelle A. Moreno

No abstract provided.


Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz Oct 2015

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom Oct 2013

The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom

Robert Bloom

United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity


Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom Oct 2013

Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom

Robert Bloom

No abstract provided.


Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom Oct 2013

Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom

Robert Bloom

No abstract provided.


Updates Editor: Chapters 3, 6, 31-36, 81, Robert Bloom Oct 2013

Updates Editor: Chapters 3, 6, 31-36, 81, Robert Bloom

Robert Bloom

No abstract provided.


Criminal Procedure: Examples And Explanations, Robert Bloom, Mark Brodin Oct 2013

Criminal Procedure: Examples And Explanations, Robert Bloom, Mark Brodin

Robert Bloom

No abstract provided.


Cases On Criminal Procedure, Robert Bloom Oct 2013

Cases On Criminal Procedure, Robert Bloom

Robert Bloom

No abstract provided.


Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom Oct 2013

Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom

Robert Bloom

No abstract provided.


Drug Testing In Public Schools, Robert Bloom Oct 2013

Drug Testing In Public Schools, Robert Bloom

Robert Bloom

No abstract provided.


Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom Oct 2013

Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom

Robert Bloom

No abstract provided.


The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom Oct 2013

The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom

Robert Bloom

No abstract provided.


Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom Oct 2013

Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom

Robert Bloom

No abstract provided.


American Legal Education, Robert Bloom Oct 2013

American Legal Education, Robert Bloom

Robert Bloom

No abstract provided.


Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom Oct 2013

Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom

Robert Bloom

No abstract provided.


Jailhouse Informants, Robert M. Bloom Oct 2013

Jailhouse Informants, Robert M. Bloom

Robert Bloom

No abstract provided.


Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, Robert Bloom Oct 2013

Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, Robert Bloom

Robert Bloom

No abstract provided.


Other: National Criminal Procedure Moot Court Team Coach, Robert Bloom Oct 2013

Other: National Criminal Procedure Moot Court Team Coach, Robert Bloom

Robert Bloom

Coach of the National Criminal Procedure Moot Court Team, which won two national championships in 2006 and 2007, at Seton Hall Law School in Newark, New Jersey.


When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey Oct 2013

When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey

Robert Bloom

The United States has played a leading role in the development of the exclusionary rule since Weeks v. United States (1914). The original exclusionary rule justification set out in Weeks is the vindication principle which operates so as to exclude unconstitutionally obtained evidence for the purpose of vindicating the rights of the accused. In this way the exclusion of evidence provides a remedy to the victim of an illegality by maintaining the status quo ante. The U.S. Supreme Court observed in Wolf v Colorado (1949) that “[o]f 10 jurisdictions within the United Kingdom and the British Commonwealth of Nations which …


Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin Oct 2013

Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin

Robert Bloom

No abstract provided.


History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom Oct 2013

History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom

Robert Bloom

No abstract provided.


Jury Trial In Japan, Robert Bloom Oct 2013

Jury Trial In Japan, Robert Bloom

Robert Bloom

No abstract provided.


Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom Oct 2013

Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom

Robert Bloom

No abstract provided.