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Articles 391 - 420 of 436
Full-Text Articles in Legal History
Christians And The Military, Jeffrey C. Tuomala
Christians And The Military, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Pleading Under Section 11 Of The Securities Act Of 1933, Krista L. Turnquist
Pleading Under Section 11 Of The Securities Act Of 1933, Krista L. Turnquist
Michigan Law Review
The Securities Act of 1933 ("Securities Act") requires full and fair disclosure of the nature of securities sold in interstate and foreign commerce. Section 11 of the Securities Act prohibits false or misleading registration statements. It also provides buyers a private remedy for false or misleading statements against any signer of the registration statement, any partner or director of the issuer, any professional involved in preparing or certifying the statement, and any underwriter. The rule appears simple: if there is a material misstatement or omission in the registration statement, the buyer may sue the seller. Courts disagree, however, over how …
The Bitter With The Sweet: Tradition, History, And Limitations On Federal Judicial Power--A Case Study, Stephen B. Burbank
The Bitter With The Sweet: Tradition, History, And Limitations On Federal Judicial Power--A Case Study, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Future Of Civil Justice Reform And Empirical Legal Scholarship: A Reply, Michael Heise
The Future Of Civil Justice Reform And Empirical Legal Scholarship: A Reply, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Foreword: Causes And Limits Of Pessimism, Stephen B. Burbank
Foreword: Causes And Limits Of Pessimism, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Myth Of Choice Of Law: Rethinking Conflicts, Kermit Roosevelt Iii
The Myth Of Choice Of Law: Rethinking Conflicts, Kermit Roosevelt Iii
All Faculty Scholarship
Choice of law is a mess. That much has become a truism. It is a "dismal swamp," a morass of confusion, a body of doctrine "killed by a realism intended to save it," and now "universally said to be a disaster." One way to demonstrate its tribulations would be to look at the academic dissensus and the hopelessly underdeterminative Restatement (Second) of Conflict of Laws. Another would be to examine the Supreme Court's abdication of the task of articulating constitutional constraints on state choice-of-law rules. This article will do both. At the outset, though, I want to suggest that one …
An Historical Analysis Of The Binding Nature Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowie
An Historical Analysis Of The Binding Nature Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowie
All Faculty Scholarship
No abstract provided.
Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch
Retroactivity And Legal Change: An Equilibrium Approach, Jill E. Fisch
All Faculty Scholarship
In this Article, Professor Fisch assesses currrent retroactivity doctrine and proposes a new framework for retroactivity analysis. Current law has failed to reflect the complexity of defining retroactivity and to harmonize the conflicting concerns of efficiency and fairness that animate retroactivity doctrine. By drawing a sharp distinction between adjudication and legislation, the law has also overlooked the similarity of the issues that retroactivity raises in both contexts. Professor Fisch's analysis, influenced by the legal process school, uses an equilibrium approach to connect retroactivity analysis to theories of legal change. Instead of focusing on the nature of the new legal rule, …
The Federalism Pendulum, Ronald J. Bacigal
The Federalism Pendulum, Ronald J. Bacigal
Law Faculty Publications
Following Franklin's example, this essay takes a protracted view of the federalization of criminal procedure. It is important to review how the federalism pendulum has swung over the years to reflect concepts of what the Constitution was meant to mean, what it has come to mean, and what it ought to mean.
On War And Justice, Jeffrey C. Tuomala
On War And Justice, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
On War And Justice, Jeffrey C. Tuomala
The Vanishing Precedent: Eduardo Meets Vacatur, Jill E. Fisch
The Vanishing Precedent: Eduardo Meets Vacatur, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis
Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis
UIC Law Review
No abstract provided.
A Survey Of Article Iii Procedural Issues Considered At The Federal Circuit During Its First Decade, 27 J. Marshall L. Rev. 25 (1993), Jerry R. Selinger
A Survey Of Article Iii Procedural Issues Considered At The Federal Circuit During Its First Decade, 27 J. Marshall L. Rev. 25 (1993), Jerry R. Selinger
UIC Law Review
No abstract provided.
Foreword: The Law Of Federal Judicial Discipline And The Lessons Of Social Science, Stephen B. Burbank, Sheldon Jay Plager
Foreword: The Law Of Federal Judicial Discipline And The Lessons Of Social Science, Stephen B. Burbank, Sheldon Jay Plager
All Faculty Scholarship
No abstract provided.
Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank
Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Virginia Manuscript Law Reports, William Hamilton Bryson
Virginia Manuscript Law Reports, William Hamilton Bryson
Law Faculty Publications
Case law, including published cases and cases that have never been published, is the basis of the common law. Professor Bryson discusses the use of manuscript law reports in Virginia during the eighteenth and nineteenth centuries.
Discovery Vices And Trans-Substantive Virtues In The Federal Rules Of Civil Procedure, Geoffrey C. Hazard Jr.
Discovery Vices And Trans-Substantive Virtues In The Federal Rules Of Civil Procedure, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
The Transformation Of American Civil Procedure: The Example Of Rule 11, Stephen B. Burbank
The Transformation Of American Civil Procedure: The Example Of Rule 11, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis
The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis
UIC Law Review
No abstract provided.
Of Rules And Discretion: The Supreme Court, Federal Rules And Common Law, Stephen B. Burbank
Of Rules And Discretion: The Supreme Court, Federal Rules And Common Law, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Chancellor's Boot, Stephen B. Burbank
The Chancellor's Boot, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Twisting The Purposes Of Discovery: Expert Witnesses And The Deposition Dilemma, Steven D. Parman
Twisting The Purposes Of Discovery: Expert Witnesses And The Deposition Dilemma, Steven D. Parman
Vanderbilt Law Review
The system of discovery that the Federal Rules establish theoretically entitles all parties in civil actions, prior to commencement of trial, to disclosure of all relevant nonprivileged information in he possession of any person. Thus, federal discovery rules should not force litigants to choose between failing to depose a party-opponent's expert witness and thereby preparing inadequately for trial, and deposing the expert witness and consequently risking that opposing counsel will use the deposition against him at trial without the benefit of cross-examination. Part H of this Note reviews common law disagreement over the appropriateness of expert witness discovery and the …
Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank
Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Rules Enabling Act Of 1934, Stephen B. Burbank
The Rules Enabling Act Of 1934, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold
Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.
An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Searching For The Origin Of Class Action, Raymond B. Marcin
Searching For The Origin Of Class Action, Raymond B. Marcin
Scholarly Articles
Class actions today are largely the creatures of statute and rule. Extant statutes and rules can be divided by content into three types: (1) those which are patterned on the class action rule in the 1849 amendments to the New York Field Code, (2) those which follow the 1938 version of the federal class action rule, and (3) those which have adopted the 1966 revision of the federal class action rule. All trace their origins, however, to the unwritten practices of English Chancery at a time before the adoption of our own judicial system.
The Shea Act, Robert J. Condlin