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Articles 1 - 14 of 14
Full-Text Articles in Civil Procedure
Absurd Overlap: Snap Removal And The Rule Of Unanimity, Travis Temple
Absurd Overlap: Snap Removal And The Rule Of Unanimity, Travis Temple
William & Mary Law Review
Snap removal employs “a literalist approach” to the statute governing the procedural mechanism for removing cases from state court to federal court. In a typical removal scenario, defendants sued in state court would have the option to be heard in federal court instead, given that certain conditions are satisfied. [S]nap removal essentially allows the defendants to forego a condition that would bar removal if they can file before the plaintiff formally notifies them of the lawsuit. This practice of removing a case before being served with formal process—essentially an act of gamesmanship of the civil procedure system—has gained appellate support …
The Haves Of Procedure, Ion Meyn
The Haves Of Procedure, Ion Meyn
William & Mary Law Review
In litigation, “haves” and “have-nots” battle over what procedures should govern. Yet, much greater hostilities have been avoided—a war between the “haves” themselves. “Criminal haves” (prosecutors) and “civil haves” (institutional players) litigate in separate territories and under different sets of rules. This is good, for them, because they have incompatible objectives. This Article contends that protecting the “haves” from each other has profoundly influenced the development of procedure in the United States.
The “haves” reap significant benefits in being insulated from each other as they seek rules responsive to their unique preferences. A “criminal have” seeks easy access to the …
A Moral Rights Theory Of Private Law, Andrew S. Gold
A Moral Rights Theory Of Private Law, Andrew S. Gold
William & Mary Law Review
Private law—the law of torts, contracts, and property—is at an interpretive impasse. The two leading conceptual theories of private law—corrective justice and civil recourse theories—both suffer from significant weaknesses. Given these concerns, private law may even seem incoherent. The problem is not insurmountable, however. This Article offers a new way to understand private law. I will argue that private law is best understood as a means for individuals to exercise their moral enforcement rights.
Moral enforcement rights exist when an individual may legitimately use coercion to force another individual to comply with his or her moral duties. Not all interpersonal …
Plausibility Pleading Employment Discrimination, Charles A. Sullivan
Plausibility Pleading Employment Discrimination, Charles A. Sullivan
William & Mary Law Review
The Supreme Court’s unanimous 2002 decision in Swierkiewicz v. Sorema N.A., which took a very permissive approach to pleading discrimination claims, may or may not remain good law after Ashcroft v. Iqbal. As is well known, Iqbal took a restrictive approach to pleading generally under the Federal Rules of Civil Procedure, and its application to employment discrimination cases could pose serious problems for plaintiffs attempting to get into federal court. In addition, there is certainly a tension between Swierkiewicz and Iqbal. This is in part because the former is a strong reaffirmation of notice pleading as it has traditionally been …
The Dubious Origins And Dangers Of Clawback And Quick-Peek Agreements: An Argument Against Their Codification In The Federal Rules Of Civil Procedure, Laura Catherine Daniel
The Dubious Origins And Dangers Of Clawback And Quick-Peek Agreements: An Argument Against Their Codification In The Federal Rules Of Civil Procedure, Laura Catherine Daniel
William & Mary Law Review
No abstract provided.
Arbitration And Reform In Private Securities Litigation: Dealing With The Meritorious As Well As The Frivolous, Steven A. Ramirez
Arbitration And Reform In Private Securities Litigation: Dealing With The Meritorious As Well As The Frivolous, Steven A. Ramirez
William & Mary Law Review
No abstract provided.
Presumed Frivolous: Application Of Stringent Pleading Requirements In Civil Rights Litigation, Douglas A. Blaze
Presumed Frivolous: Application Of Stringent Pleading Requirements In Civil Rights Litigation, Douglas A. Blaze
William & Mary Law Review
No abstract provided.
Book Review Of The Biography Of A Legal Dispute, Charles E. Torcia
Book Review Of The Biography Of A Legal Dispute, Charles E. Torcia
William & Mary Law Review
No abstract provided.
Federal Procedure - Diversity Jurisdiction - Unincorporated Labor Unions. United Steelworkers Of America V. Bouligny, 86 S. Ct. 272 (1965), David K. Sutelan
Federal Procedure - Diversity Jurisdiction - Unincorporated Labor Unions. United Steelworkers Of America V. Bouligny, 86 S. Ct. 272 (1965), David K. Sutelan
William & Mary Law Review
No abstract provided.
The Motion To Strike Out The Evidence In Virginia, J. Brendel
The Motion To Strike Out The Evidence In Virginia, J. Brendel
William & Mary Law Review
No abstract provided.
Book Review Of Civil Practice In Municipla And Country Courts, Shannon T. Mason Jr.
Book Review Of Civil Practice In Municipla And Country Courts, Shannon T. Mason Jr.
William & Mary Law Review
No abstract provided.
Summary Judgment In Virginia, Thomas D. Terry
Summary Judgment In Virginia, Thomas D. Terry
William & Mary Law Review
No abstract provided.
Book Review Of Handbook Of The Virginia Rules Of Procedure In Actions At Law, Thomas D. Terry
Book Review Of Handbook Of The Virginia Rules Of Procedure In Actions At Law, Thomas D. Terry
William & Mary Law Review
No abstract provided.
Some Problems Of Removal And Appeal From Courts Not Of Record In Virginia, Harmon D. Maxson
Some Problems Of Removal And Appeal From Courts Not Of Record In Virginia, Harmon D. Maxson
William & Mary Law Review
No abstract provided.