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Legal History Commons

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Articles 1 - 3 of 3

Full-Text Articles in Legal History

Pound's Century, And Ours, Jay Tidmarsh Jan 2006

Pound's Century, And Ours, Jay Tidmarsh

Journal Articles

No abstract provided.


The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson Jan 2006

The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson

Law Faculty Publications

This article describes the separation of common law and equity in Virginia leading up to the 2006 merger of common law and equity pleading and the problems that remain to be solved by the courts.


Just Say 'No Fishing': The Lure Of Metaphor, Elizabeth G. Thornburg Jan 2006

Just Say 'No Fishing': The Lure Of Metaphor, Elizabeth G. Thornburg

Faculty Scholarship

The phrase "fishing expedition" is widely used in popular culture and in the law. In the case of metaphorical "fishing" in the law, reliance on the metaphor can act as a substitute for rigorous analysis, disguising the factors that influence a result. When used by the court, it is uninformative. Worse, the fishing metaphor may itself shape the way the court thinks about the kind of issue or claim involved. Accusations of "fishing" also affect the language and position of the litigants. Parties arguing against pleadings or discovery use the metaphor as a rhetorical weapon, stigmatizing their opponents, instead of ...