Waiver, Work Product, And Worry: A Case For Clarifying The Waiver Doctrine In Oklahoma, 2018 University of Oklahoma College of Law
Waiver, Work Product, And Worry: A Case For Clarifying The Waiver Doctrine In Oklahoma, Mitchell B. Bryant
Oklahoma Law Review
No abstract provided.
Active Judging And Access To Justice.Pdf, 2017 University of Tulsa College of Law
Active Judging And Access To Justice.Pdf, Anna E. Carpenter
Anna E. Carpenter
Personal Jurisdiction And Aliens, 2017 University of California Hastings College of Law
Personal Jurisdiction And Aliens, Scott Dodson, William Dodge
Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), 2017 Nevada Law Journal
Estate Of Adams V. Fallini, 132 Nev. Adv. Op. 81 (December 29, 2016), Krystina Viernes
Nevada Supreme Court Summaries
The Court considered whether a party may appeal a district court’s order granting an NRCP 60(b) motion to set aside a final judgment for fraud upon the court. The Court held the district court’s order interlocutory and may not be appealed until a final judgment is entered.The Court held that the district court was not barred from considering the NRCP 60(b) motion and the district court did not abuse its discretion in granting relief based on fraud upon the court.
United States V. Osage Wind, Llc, 2017 Alexander Blewett III School of Law at the University of Montana
United States V. Osage Wind, Llc, Summer Carmack
Public Land and Resources Law Review
The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian ...
Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, 2017 University of Maine School of Law
Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan
Maine Law Review
In 1993, the Supreme Court of the United States stated that with the federal adoption of statutory rules of evidence in 1975, the common law rule for determining admissibility of scientific testimony was superseded, and that thenceforth admissibility of scientific testimony was to be determined solely by Federal Rule of Evidence 702 (Rule 702). The Frye standard had been adopted in one form or another by most of the federal circuits and by many of the state courts during the 70 years preceding Daubert. Referred to as the “general acceptance” standard, the Frye standard--although adopted in a variety of forms--had ...
Court-Connected Alternative Dispute Resolution In Maine, 2017 University of Maine School of Law
Court-Connected Alternative Dispute Resolution In Maine, Howard H. Dana Jr.
Maine Law Review
With these words of prophecy the Commission to Study the Future of Maine's Courts launched its discussion of alternative dispute resolution (ADR). Although conceding that “the adversary process ... has served the people of the state well” and acknowledging that “the state must continue to provide a forum for forceful advocacy that produces a definite and binding judicial decision” the Commission asked the Maine judicial and legislative branches to embrace ADR. For the last dozen years, the Author has been the Supreme Judicial Court's (SJC's) liaison to its ADR Planning and Implementation Committee and Chair of the Court ...
Civil Procedure's Five Big Ideas, 2017 Cornell Law School
Civil Procedure's Five Big Ideas, Kevin M. Clermont
Kevin M. Clermont
Civil procedure, more than any other of the basic law-school courses, conveys to students an understanding of the whole legal system. I propose that this purpose should become, more openly, the organizing theme of the course. The focus should remain, of course, on the mechanics of the judicial branch. What I champion is giving some conscious attention, albeit mainly in the background and at an introductory level, to the big ideas of the constitutional structure within which the law formulates civil procedure. Such attention would unify the doctrinal study, while enriching it for the students and revealing its true importance.
Our Equity: Federalism And Chancery, 2017 University of Miami Law School
Our Equity: Federalism And Chancery, Jeffrey Steven Gordon
University of Miami Law Review
Federal courts sitting in diversity cannot agree on whether state or federal law governs the award of a preliminary injunction. The conditions for the exercise of a federal diversity court’s extraordinary remedial power are anybody’s guess. The immediate cause of the confusion is Justice Frankfurter’s cryptic opinion in Guaranty Trust Co. v. York, which aggressively enforced Erie and, at the same time, preserved the so-called “equitable remedial rights” doctrine. There are, however, much broader and deeper causes that explain why the equitable remedial rights doctrine is almost incomprehensible today.
This Article argues that the early history of ...
Insuring Bias: Does Evidence Of Common Insurance Demonstrate Relevant Expert Witness Bias In Medical Negligence Litigation?, 55 Duq. L. Rev. 339 (2017), Marc Ginsberg
Marc D. Ginsberg
No abstract provided.
Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, 2017 University of Maine School of Law
Protecting The Public Benefit: Crafting Precedent For Citizen Enforcement Of Conservation Easements, Sean P. Ociepka
Maine Law Review
In fiscal year 2004, Wal-Mart added 139 new discount stores, supercenters, and “neighborhood markets” to its already significant chain of stores across the United States. Wal-Mart developers submit their proposals to governing town bodies all over the country with the promise that the $20 million construction of a 200,000 square foot store will create 500 new jobs for the local economy, will have a payroll of over $12 million, will increase the tax base of the area, and will provide convenient, affordable shopping for consumers. For these reasons, the big box stores are a hard offer for town planners ...
Lost Esi Under The Federal Rules Of Civil Procedure, 2017 Northern Illinois University College of Law
Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness
Science and Technology Law Review
Volume 20, Number 1 – The Privacy, Probability, and Political Pitfalls of Universal DNA Collection
Meghan J. Ryan 20 SMU Sci. & Tech. L. Rev. 3 Watson and Crick’s discovery of the structure of DNA (deoxyribonucleic acid) in 1953 launched a truth-finding mission not only in science but also in the law. Just thirty years later–after the science had evolved–DNA evidence was being introduced in criminal courts. Today, DNA evidence is heavily relied on in criminal and related cases. It is routinely introduced in murder and rape cases as evidence of guilt; DNA databases have grown as even arrestees have been required to surrender DNA samples; and this evidence has been used to exonerate hundreds of convicted individuals. DNA evidence is generally revered as the “gold standard” in criminal cases because, unlike eyewitness testimony, bite-mark evidence, hair analysis, and the like, it is considered nearly infallible. This potency of DNA evidence has led to suggestions that we, as a nation, should magnify the power of DNA by increasing the size ...
Why Civil And Criminal Procedure Are So Different: A Forgotten History, 2017 University of Wisconsin Law School
Why Civil And Criminal Procedure Are So Different: A Forgotten History, Ion Meyn
Fordham Law Review
Much has been written about the origins of civil procedure. Yet little is known about the origins of criminal procedure, even though it governs how millions of cases in federal and state courts are litigated each year. This Article’s examination of criminal procedure’s origin story questions the prevailing notion that civil and criminal procedure require different treatment. The Article’s starting point is the first draft of the Federal Rules of Criminal Procedure—confidential in 1941 and since forgotten. The draft reveals that reformers of criminal procedure turned to the new rules of civil procedure for guidance. The ...
Deference To The Plaintiff In Forum Non Conveniens Cases, 2017 Fordham University School of Law
Deference To The Plaintiff In Forum Non Conveniens Cases, Brett Workman
Fordham Law Review
This Note analyzes several cases in an effort to understand why, based on each case’s unique circumstances, the plaintiff’s choice of forum received a particular level of deference. This Note then produces a synthesized list of factors that alter the level of deference a plaintiff’s choice of forum receives under forum non conveniens analysis. An understanding of these factors provides increased predictability as to when a plaintiff’s choice of forum might receive heightened deference under this common law doctrine.
Actavis And Error Costs: A Reply To Critics, 2017 University of California - Berkeley
Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
The Supreme Court’s opinion in Federal Trade Commission v. Actavis, Inc. provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. In our previous article, Activating Actavis, we identified and operationalized the essential features of the Court’s analysis. Our analysis has been challenged by four economists, who argue that our approach might condemn procompetitive settlements.As we explain in this reply, such settlements are feasible, however, only under special circumstances. Moreover, even where feasible, the parties would not actually choose such a settlement in equilibrium. These considerations, and others discussed in the reply ...
The Case For Restricting Diversity Jurisdiction: The Undeveloped Arguments, From The Race To The Bottom To The Substitution Effect, 2017 University of Maine School of Law
The Case For Restricting Diversity Jurisdiction: The Undeveloped Arguments, From The Race To The Bottom To The Substitution Effect, David Crump
Maine Law Review
Diversity jurisdiction is an idea whose time has come--and gone. In its present form, it serves its alleged purpose so inconsistently that its benefits are minimal, if they exist at all. And the costs that it imposes are significant. The traditional arguments for and against diversity are well known, but the traditional arguments against it actually understate its disadvantages. Therefore, the purpose of this Article is to construct the arguments against diversity that traditional scholarship has left underdeveloped. These include the proposition that today, in the twenty-first century, there are more reasons than ever to authorize diversity jurisdiction more selectively ...
The Federal Rules Of Inmate Appeals, 2017 University of Pennsylvania Law School
The Federal Rules Of Inmate Appeals, Catherine T. Struve
The Federal Rules of Appellate Procedure turn fifty in 2018. During the Rules’ half-century of existence, the number of federal appeals by self-represented, incarcerated litigants has grown dramatically. This article surveys ways in which the procedure for inmate appeals has evolved over the past 50 years, and examines the challenges of designing procedures with confined litigants in mind. In the initial decades under the Appellate Rules, the most visible developments concerning the procedure for inmate appeals arose from the interplay between court decisions and the federal rulemaking process. But, as court dockets swelled, the circuits also developed local case management ...
Mendenhall V. Tassinari, 133 Nev. Adv. Op. 78 (Oct. 5, 2017), 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law
Mendenhall V. Tassinari, 133 Nev. Adv. Op. 78 (Oct. 5, 2017), Rebecca L. Crooker
Nevada Supreme Court Summaries
The Court determined that after a final judgment, pursuant to an Offer of Judgment under NRCP 68 offer is entered, both claim preclusion and the terms of the offer apply when a party seeks to relitigate claims. This is true even if the claim arises from facts discovered during the offer’s ten-day irrevocable acceptance period.
Surrogate Lawyering: Legal Guidance, Sans Lawyers, 2017 Boston College Law School
Surrogate Lawyering: Legal Guidance, Sans Lawyers, Paul R Tremblay
Boston College Law School Faculty Papers
Innovative thinkers within the access-to-justice (ATJ) movement have been experimenting with creative ideas for delivering meaningful legal guidance in an efficient way to clients struggling with civil legal needs. These efforts respond to the long-standing crisis in the delivery of legal services to disadvantaged persons, and the overwhelming need for legal advice in areas such as debt collection, housing, family, and immigration. One such imaginative proposal is what this Article calls “surrogate lawyering.” This innovation envisions public interest law firms using some scarce lawyer time to train and advise community-based organization (CBO) staff members to respond, in real time and ...
Tipping The Scales?: Maine Adopts The Continuing Negligent Treatment Doctrine In Baker V. Farrand, 2017 University of Maine School of Law
Tipping The Scales?: Maine Adopts The Continuing Negligent Treatment Doctrine In Baker V. Farrand, Michael P. Beers
Maine Law Review
In Baker v. Farrand, the Maine Supreme Judicial Court, sitting as the Law Court, held that for a series of related negligent acts or omissions committed by a health care provider or practitioner, a single cause of action “accrues” under the Maine Health Security Act (hereinafter MHSA) on the date of the last act or omission that contributed to the plaintiff’s injury. Hence, in situations where a physician provides continuing negligent treatment to a patient in which each and every one of the physician’s actions are negligent, the MHSA’s three-year statute of limitations does not begin to ...