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Articles 1 - 30 of 102
Full-Text Articles in Civil Procedure
Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom
Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom
Robert Bloom
No abstract provided.
Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch
Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch
Nevada Supreme Court Summaries
This case is an appeal from a district court order, entered on remand, dismissing an inverse condemnation action. While the current appeal was pending, the Nevada Supreme Court decided an intervening case with substantively similar facts which changed Nevada law when analyzing airspace takings.
Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen
Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen
Nevada Supreme Court Summaries
Appeal for writ of prohibition to determine if a district court can retain jurisdiction over disputes from a settlement agreement between parties, after the district court previously dismissed the case with prejudice.ve-flas
Petitioner's Observations (December 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Petitioner's Observations (December 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.
Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.
University of Richmond Law Review
No abstract provided.
Civil Practice And Procedure, John C. Lynch, Jon S. Hubbard, M. Elizabeth Woodard
Civil Practice And Procedure, John C. Lynch, Jon S. Hubbard, M. Elizabeth Woodard
University of Richmond Law Review
This article summarizes the major developments in Virginia civil practice and procedure over the past two years, specifically covering significant decisions by the Supreme Court of Virginiaand changes to the Rules of the Supreme Court of Virginia dating from April 22, 2005, to April 20, 2007. The article also addresses legislative enactments by the General Assembly in its 2005 and 2006 sessions.
The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land
The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land
University of Richmond Law Review
No abstract provided.
Refracting Domestic And Global Choice-Of-Forum Doctrine Through The Lens Of A Single Case, Richard D. Freer
Refracting Domestic And Global Choice-Of-Forum Doctrine Through The Lens Of A Single Case, Richard D. Freer
BYU Law Review
No abstract provided.
Summary Of Leven V. Frey, 123 Nev. Adv. Op. No. 40, William Miller
Summary Of Leven V. Frey, 123 Nev. Adv. Op. No. 40, William Miller
Nevada Supreme Court Summaries
This appeal clarifies the procedure and standard for judgment renewal, under NRS 17.214. The Nevada Supreme Court held that an individual must show timely filing of an affidavit, timely recording of the affidavit (if the judgment to be renewed was recorded), and timely service of the affidavit. Furthermore, the statutory language requires strict compliance.
Summary Of Arnold V. Kip, 123 Nev. Adv. Op. No. 41, Barbara Mcdonald
Summary Of Arnold V. Kip, 123 Nev. Adv. Op. No. 41, Barbara Mcdonald
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Clark Cty. Sch. Dist. V. Richardson Constr., 123 Nev. Adv. Op. 39, Danielle Tarmu
Summary Of Clark Cty. Sch. Dist. V. Richardson Constr., 123 Nev. Adv. Op. 39, Danielle Tarmu
Nevada Supreme Court Summaries
Appeal from judgment awarding $225,000 to Richardson Construction and order imposing sanctions upon Clark County School District (hereinafter “CCSD”).
Elevating Form Over Substance: Viar V. North Carolina Department Of Transportation And Its Progeny, Trey Collier
Elevating Form Over Substance: Viar V. North Carolina Department Of Transportation And Its Progeny, Trey Collier
Campbell Law Review
This Comment explores the history of Rule 2 of the North Carolina Rules of Appellate Procedure, the controversial ruling of Viar, and how subsequent cases have interpreted the North Carolina Supreme Court's ruling in Viar.
Summary Judgment In Florida: The Road Less Traveled, Leonard Pertnoy
Summary Judgment In Florida: The Road Less Traveled, Leonard Pertnoy
Faculty Articles
This article will first explore the origins of summary judgment in the Florida courts. Next, the Holl v. Talcot standard (the "Holl standard") shall be discussed. The discussion then turns to arguments in favor of maintaining the Holl standard, including the great costs which arise by the application of the standard, and ultimately, a discussion debunking those arguments. Finally, partial summary judgment shall be discussed, introducing its potential to assist the practitioner in achieving, in part, progress towards a more predictable and useful summary judgment process.
The Logic Of Legal Remedies And The Relative Weight Of Norms: Assessing The Public Interest In The Tort Reform Debate, Irma S. Russell
The Logic Of Legal Remedies And The Relative Weight Of Norms: Assessing The Public Interest In The Tort Reform Debate, Irma S. Russell
Faculty Works
This article explores the background principles of consistency and proportionality in legal rules and remedies. It identifies the relative strength of the interests of individuals and the public as the key to justifying the remedies available in different areas of law. Understanding the normative guidance of particular legal rules reveals the strength of society's judgment of the interests at stake in different remedies. For example, the principle of consistency generally means that a legal doctrine applying an objective measure of one's interest must apply a like-kind measure to all interests considered, absent some explicit and justifiable basis for different formulations. …
From Federalism To Intersystemic Governance: The Changing Nature Of Modern Jurisdiction, Robert B. Ahdieh
From Federalism To Intersystemic Governance: The Changing Nature Of Modern Jurisdiction, Robert B. Ahdieh
Faculty Scholarship
At heart, this introductory essay aspires to encourage scholars who write in widely divergent areas, yet share a focus on the changing nature of jurisdiction, to engage one another more closely. From Jackson's study of "convergence, resistance, and engagement" among courts, Kingsbury's study of "global administrative law," and Bermann's analysis of "transatlantic regulatory cooperation," to Resnik's evaluation of "trans-local networks," Weiser's account of "cooperative federalism" in telecommunications law, and Thompson's concept of "collaborative corporate governance," a related set of questions is ultimately at stake: How ought we understand the reach of any given decision-maker's jurisdiction? What are the implications of …
Summary Of Caballero V. Dist. Ct., 123 Nev. Adv. Op. No. 34, Jerald Van Rhyn
Summary Of Caballero V. Dist. Ct., 123 Nev. Adv. Op. No. 34, Jerald Van Rhyn
Nevada Supreme Court Summaries
Petitioner Caballero didn’t speak English and wanted an interpreter for his small claims proceedings. The justice court denied his request on the ground that he wasn’t disabled under NRS 50.050.2 The Supreme Court held that the justice court had an inherent power to allow a volunteer interpreter or appoint one in the alternative if justice demands it. Further, the Supreme Court held that the justice court had an express power of appointment under JCRCP 43(f).3 The Supreme Court therefore issued a write of mandamus ordering the district court’s order vacated and remanding the issue to justice court for consideration.
Standing To Sue In Another's Shoes: Can An Assignee Of An Accrued Copyright Infringement Claim With No Other Interest In The Copyright Itself Sue For The Infringement?, Wenjie Li
Pace Law Review
No abstract provided.
Legal Methods As A Point Of Reference For Comparative Studies Of Procedural Law, James Maxeiner
Legal Methods As A Point Of Reference For Comparative Studies Of Procedural Law, James Maxeiner
All Faculty Scholarship
This paper addresses the importance of comparative legal methods for study of comparative procedure.
9th Annual Open Government Summit: The Access To Public Records Act & The Open Meetings Act, 2007, Department Of Attorney General, State Of Rhode Island
9th Annual Open Government Summit: The Access To Public Records Act & The Open Meetings Act, 2007, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Summary Of Marcuse V. Del Webb Communities, 123 Nev. Adv. Op. No. 30, Jeremy K. Cooper
Summary Of Marcuse V. Del Webb Communities, 123 Nev. Adv. Op. No. 30, Jeremy K. Cooper
Nevada Supreme Court Summaries
Appeal of a district court’s dismissal of a construction defect class action. Also, appeal from a district court’s denial of appellants’ motion to consolidate their claim and their motion for a separate trial within a class action (first action) and appeal from a district court’s order granting respondent’s motion to dismiss appellant’s pursuit of a second action independent from the class action under the doctrines of res judicata and collateral estoppel (second action). The Nevada Supreme Court affirmed the district court’s dismissal of the class action based on the settlement and reversed the district court’s order granting respondent’s motion to …
Summary Of Nelson V. Heer, 123 Nev. Adv. Op. 26, Shauna Welsh
Summary Of Nelson V. Heer, 123 Nev. Adv. Op. 26, Shauna Welsh
Nevada Supreme Court Summaries
Review of district court’s order denying a motion for judgment as a matter of law based on the statutory interpretation of N.R.S. Chapter 113, which governs the sale of real property.
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva
Edward Ivan Cueva
La Cesión de Derechos en el Código Civil Peruano
Rule 68 Offers Of Judgment: The Practices And Opinions Of Experienced Civil Rights And Employment Discrimination Attorneys, Thomas A. Eaton
Rule 68 Offers Of Judgment: The Practices And Opinions Of Experienced Civil Rights And Employment Discrimination Attorneys, Thomas A. Eaton
Popular Media
Hosch Professor Tom Eaton shares the results of a survey, conducted with Mercer University's George Professor Harold Lewis, on the use of Federal Rule 68 Offers of Judgment.
Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine
Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine
Daniel H. Erskine
Federal procedure has embraced the referral of civil cases outside the court system to alternative dispute resolution. This article argues that by utilizing courts to settle cases through civil procedure, courts realize their central role in ensuring the quality of settlements produced through the judicial administration of justice. The purpose of this article is to provide litigants an optional procedure to expeditiously resolve federal personal injury cases. The system proposed in this article incorporates Scottish and Irish civil procedural reforms into a coherent method for judicial officers to declare the settlement value of a personal injury action without referring the …
Summary Of Callie V. Bowling, 123 Nev. Adv. Op. No. 22, Bret Meich
Summary Of Callie V. Bowling, 123 Nev. Adv. Op. No. 22, Bret Meich
Nevada Supreme Court Summaries
The court considered whether a judgment creditor in a domesticated foreign judgment may add a nonparty to a final judgment, under the alter ego doctrine, simply by moving to amend the judgment. The court held that such a procedure violates the due process rights of the nonparty whom the creditor seeks to add. To observe the requisite attributes of due process, a judgment creditor who wishes to assert an alter ego claim must do so in an independent action against the alleged alter ego.
Summary Of Schmidt V. Washoe County, 123 Nev. Adv. Op. No. 16, Matthew H. Engle
Summary Of Schmidt V. Washoe County, 123 Nev. Adv. Op. No. 16, Matthew H. Engle
Nevada Supreme Court Summaries
Gary R. Schmidt raised six alleging violation of Nevada’s Open Meeting Law, NRS § 241 et seq. The first four stemmed from a Washoe County Board of Commissioners (“WCBC”) meeting on January 11, 2005. First, that the WCBC violated the Open Meeting Law by “pulling” a lobbying contract from its agenda. Second, that WCBC violated the law when it allegedly deliberated on whether to remove the lobbying contract item from its agenda. Third, that WCBC improperly reduced his allotment of time to speak on the lobbying contract. Fourth, that WCBC improperly refused to read into the record letters written by …
Summary Of Edwards V. Ghandour, 123 Nev. Adv. Op. No. 14, Jennifer Arias
Summary Of Edwards V. Ghandour, 123 Nev. Adv. Op. No. 14, Jennifer Arias
Nevada Supreme Court Summaries
On October 22, 1998, Edwards and two of his business partners filed their original complaint. In the complaint, Edwards and his partners alleged they were fraudulently induced into leasing restaurant space and brought claims against eleven defendants. While counsel initially represented Edwards and his partners, the lawyer was forced to withdraw, after being disbarred. In his amended complaint, Edwards, who was not authorized to practice law, named, on their behalf, both business partners. In fact, Edwards named one partner who wished to be removed. The district court ruled that the amended complaint would relate solely to Edwards and removed the …
The Corporate Monitor: The New Corporate Czar?, Vikramaditya Khanna, Timothy L. Dickinson
The Corporate Monitor: The New Corporate Czar?, Vikramaditya Khanna, Timothy L. Dickinson
Michigan Law Review
Following the recent spate of corporate scandals, government enforcement authorities have increasingly relied upon corporate monitors to help ensure law compliance and reduce the number of future violations. These monitors also permit enforcement authorities, such as the Securities & Exchange Commission and others, to leverage their enforcement resources in overseeing corporate behavior. However there are few descriptive or normative analyses of the role and scope of corporate monitors. This paper provides such an analysis. After sketching out the historical development of corporate monitors, the paper examines the most common features of the current set of monitor appointments supplemented by interviews …
Contratos De Ejecución De Obras Públicas Y Embargos Contra Las Cuentas Del Estado En Una Reciente Ejecutoria Superior. Una Interpretación Conforme A La Constitución, José Balcázar Quiroz
Contratos De Ejecución De Obras Públicas Y Embargos Contra Las Cuentas Del Estado En Una Reciente Ejecutoria Superior. Una Interpretación Conforme A La Constitución, José Balcázar Quiroz
José Balcázar Quiroz
No abstract provided.