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Articles 1 - 6 of 6

Full-Text Articles in Legal History

Reconsidering Procedural Conformity Statutes, Thomas O. Main Jan 2007

Reconsidering Procedural Conformity Statutes, Thomas O. Main

Scholarly Works

No abstract provided.


The Integration Of Law And Fact In An Uncharted Parallel Procedural Universe, Thomas O. Main Jan 2004

The Integration Of Law And Fact In An Uncharted Parallel Procedural Universe, Thomas O. Main

Scholarly Works

No abstract provided.


Traditional Equity And Contemporary Procedure, Thomas O. Main Jan 2003

Traditional Equity And Contemporary Procedure, Thomas O. Main

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This Article offers extensive background on the development and eventual merger of the regimes of law and equity, and suggests that the procedural infrastructure of a unified system must be sufficiently elastic to accommodate the traditional jurisdiction of equity. As the Federal Rules of Civil Procedure become increasingly more elaborate and technical, strict application of those procedural rules can generate mischievous results and hardship. This Article suggests that equity remains a source of authority for district judges to avoid the application of a procedural rule when technical compliance would produce an inequitable result. A separate system of equity provided a ...


"An Overwhelming Question" About Non-Formal Procedure, Thomas O. Main Jan 2002

"An Overwhelming Question" About Non-Formal Procedure, Thomas O. Main

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No abstract provided.


Jurisdiction, Jurisprudence And Legal Change: Sociological Jurisprudence And The Road To International Shoe, Logan E. Sawyer Iii Jan 2001

Jurisdiction, Jurisprudence And Legal Change: Sociological Jurisprudence And The Road To International Shoe, Logan E. Sawyer Iii

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While scholars espousing ideological explanations have noted the correlation between the intellectual trends of the New Deal and International Shoe, they have not demonstrated the strength of this connection. Some merely assert that ideology caused International Shoe,12 while others point to only very general similarities between International Shoe and the ideology of the age.' 3 This Article attempts to strengthen the ideological explanation by examining closely the intellectual context of International Shoe. That examination reveals that the decision did not result simply from the expansion of interstate business or the inherent weakness of the Pennoyer system. Instead, International Shoe ...


Procedural Uniformity And The Exagerated Role Of Rules, Thomas O. Main Jan 2001

Procedural Uniformity And The Exagerated Role Of Rules, Thomas O. Main

Scholarly Works

No abstract provided.