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Articles 43801 - 43830 of 53046
Full-Text Articles in Entire DC Network
What's All The Fuss About Feist? The Sky Is Not Falling On The Intellectual Property Rights Of Online Database Proprietors, Paul T. Sheils, Robert Penchina
What's All The Fuss About Feist? The Sky Is Not Falling On The Intellectual Property Rights Of Online Database Proprietors, Paul T. Sheils, Robert Penchina
University of Dayton Law Review
No abstract provided.
Presentation By Paul T. Sheils, Esq., Paul T. Sheils
Presentation By Paul T. Sheils, Esq., Paul T. Sheils
University of Dayton Law Review
No abstract provided.
After Feist, Jessica Litman
Presentation By Professor Jessica Litman, Jessica Litman
Presentation By Professor Jessica Litman, Jessica Litman
University of Dayton Law Review
No abstract provided.
Copyright Law: The Fourth Circuit's Extension Of The Misuse Doctrine To The Area Of Copyright: A Misuse Of The Misuse Doctrine, Sean Michael Aylward
Copyright Law: The Fourth Circuit's Extension Of The Misuse Doctrine To The Area Of Copyright: A Misuse Of The Misuse Doctrine, Sean Michael Aylward
University of Dayton Law Review
Lasercomb America, Inc. v. Reynolds, 911 F.2d 970 (4th Cir. 1990).
The Rollamo 1992, University Of Missouri - Rolla
Masthead, Volume 2 Issue 1 (1992)
Masthead, Volume 2 Issue 1 (1992)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Medicare & Medicaid Anti-Kickback Statute And The Safe Harbor Regulations -- What's Next?, Richard P. Kusserow
The Medicare & Medicaid Anti-Kickback Statute And The Safe Harbor Regulations -- What's Next?, Richard P. Kusserow
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Nurse Practitioner In Malpractice Actions: Standard Of Care And Theory Of Liability, Susan E. Baker
The Nurse Practitioner In Malpractice Actions: Standard Of Care And Theory Of Liability, Susan E. Baker
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Groundwater Levels In Nebraska, 1991, Gregory V. Steele, Perry B. Wigley
Groundwater Levels In Nebraska, 1991, Gregory V. Steele, Perry B. Wigley
Conservation and Survey Division: Faculty and Staff Publications
No abstract provided.
Civil Rights Plaintiffs And The Proposed Revision Of Rule 11, Carl W. Tobias
Civil Rights Plaintiffs And The Proposed Revision Of Rule 11, Carl W. Tobias
Law Faculty Publications
The 1983 amendment of Federal Rule of Civil Procedure 11 has been the most controversial revision of the Federal Rules in their fifty-five-year history, and Rule l l's implementation has been most controversial in civil rights cases. Rule ll's application has disadvantaged civil rights plaintiffs more than any other category of civil litigant. Courts have found civil rights plaintiffs in violation of Rule 11 at a higher rate than other types of plaintiffs and have imposed substantial sanctions on them. Civil rights plaintiffs have been required to participate in expensive, unnecessary satellite litigation involving this provision. Indeed, a new study …
Civil Justice Reform And The Balkanization Of Federal Civil Procedure, Carl W. Tobias
Civil Justice Reform And The Balkanization Of Federal Civil Procedure, Carl W. Tobias
Law Faculty Publications
The recent civil war ripping apart Yugoslavia is a trenchant reminder of the horrors of balkanization. Without trivializing the Yugoslavian experience, the term balkanization usefully applies to developments in American federal civil procedure that now threaten the continued viability of a uniform, simple system of procedure. Thirty-four federal courts' nascent implementation of the Civil Justice Reform Act (CJRA) of 1990 will exacerbate these developments; indeed, if the remaining sixty districts that must issue civil justice expense and delay reduction plans by December 1993 fail to halt this trend, the Act will further fragment procedure. This article cautions those responsible for …
Postpetition Lending Under Section 364: Issues Regarding The Gap Period And Financing For Prepackaged Plans, David G. Epstein
Postpetition Lending Under Section 364: Issues Regarding The Gap Period And Financing For Prepackaged Plans, David G. Epstein
Law Faculty Publications
If the priorities provided by section 364(c) are insufficient to entice potential lenders to provide sufficient :financing to a Chapter 11 debtor, the debtor may, with the court's approval, obtain credit by granting the lender a lien on property of the debtor that is senior to existing liens on such property (a "priming lien"). The granting of such a priming lien, however, is subject to several statutory conditions. First, as with section 364(c), the debtor must prove that it cannot obtain credit on any less intrusive basis (i.e., through the use of section 364(a), (b), or (c)). Second, the debtor …
The President And The Federal Bench, Carl W. Tobias
The President And The Federal Bench, Carl W. Tobias
Law Faculty Publications
Professor Tobias assesses the efforts of the George H.W. Bush Administration in appointing women and African-Americans to the federal bench.
Judicial Oversight Of Civil Justice Reform, Carl W. Tobias
Judicial Oversight Of Civil Justice Reform, Carl W. Tobias
Law Faculty Publications
Thirty-four Early Implementation District Courts have recently taken steps to implement the Civil Justice Reform Act of 1990 by issuing civil justice plans premised on reports that their advisory groups assembled. An important component of this unprecedented nationwide examination of the condition of the federal trial courts has now moved to the phase in which circuit committees and the Judicial Conference will review the reports and the plans. If the national experiment in reform of the civil justice system is to reduce expense and delay in civil litigation, the circuit committees and the Judicial Conference must completely and carefully evaluate …
College Of Health And Public Affairs Annual Report, 1991-1992, University Of Central Florida. College Of Health And Public Affairs
College Of Health And Public Affairs Annual Report, 1991-1992, University Of Central Florida. College Of Health And Public Affairs
Research Activities & Annual Reports
University of Central Florida College of Health and Public Affairs Annual Report, 1991-1992. It covers strategic planning, academic affairs, enrollment and student affairs, research and creative activity, cultural diversity, faculty affairs and governance, international efforts, development and community relations, and future plans.
The New Supplemental Jurisdiction Statute--Flawed But Fixable, Wendy Collins Perdue
The New Supplemental Jurisdiction Statute--Flawed But Fixable, Wendy Collins Perdue
Law Faculty Publications
A critique of the newly enacted 28 U.S.C. § 1367, which delineated the circumstances under which federal courts could rule on additional claims related to the one that is the basis of federal jurisdiction.
Reconsidering Rule 11, Carl W. Tobias
Reconsidering Rule 11, Carl W. Tobias
Law Faculty Publications
The Advisory Committee on the Civil Rules recently proposed that the Supreme Court and Congress amend Federal Rule of Civil Procedure 11. 1 The Rule, as revised in 1983, has been the most controversial amendment in the half-century history of the Federal Rules. Judges have inconsistently applied the 1983 revision, and it has engendered much expensive satellite litigation. Considerable evidence suggests that Rule 11 activity has chilled civil rights plaintiffs and attorneys. These difficulties led the Advisory Committee to initiate a study of the Rule in August of 1990, to solicit written public comments on its operation which were due …
The Transformation Of Trans-Substantivitiy, Carl W. Tobias
The Transformation Of Trans-Substantivitiy, Carl W. Tobias
Law Faculty Publications
Professor Linda Mullenix and Professor Gene Shreve have recently ventilated two intertwined issues at the core of modern federal civil procedure. They questioned scholars' growing criticism of the idea that the Federal Rules of Civil Procedure are trans-substantive. Both writers also asked about the increased emphasis that commentators have accorded procedure's detrimental effects on specific rights, such as civil rights, and on particular groups or litigants, such as minorities. The preferable response to these plaints is a single word: Congress. Because the issues that Professors Mullenix and Shreve raise are thought-provoking, however, they deserve elaboration.
Environmental Litigation And Rule 11, Carl W. Tobias
Environmental Litigation And Rule 11, Carl W. Tobias
Law Faculty Publications
The 1983 amendment to Federal Rule of Civil Procedure 11 has been the most controversial revision in the half-century history of the Federal Rules. Judges have applied amended Rule 11, which requires them to sanction lawyers and parties who do not conduct reasonable inquiries before filing papers, in over 1000 reported opinions, considerably more unreported determinations, and numerous informal contexts. The Rule has engendered much unnecessary satellite litigation and has been implemente4 inconsistently, while attorneys' fees remain the "sanction of choice" for violations. Rule 11 activity has especially disadvantaged civil rights plaintiffs and lawyers, whose lack of resources can make …
Civil Rights Conundrum, Carl W. Tobias
Civil Rights Conundrum, Carl W. Tobias
Law Faculty Publications
As a case study of the impediments imposed by the revised F.R.C.P. Rule 11 in civil rights litigation, Professor Tobias relates the story of the Robeson County, N.C. prosecution of Eddie Hatcher and Timothy Jacobs, their subsequent civil rights action, and the ensuing Rule 11 sanctions imposed upon their counsel, as reported in In re Kunstler, 914 F.2d 505 (4th Cir. 1990).
Sin, Scandal, And Substantive Due Process, Wendy Collins Perdue
Sin, Scandal, And Substantive Due Process, Wendy Collins Perdue
Law Faculty Publications
For students of civil procedure, the names Pennoyer and Neff evoke these dry facts: In an initial suit, one J.H. Mitchell sued Neff in Oregon state court. Because Neff could not be found within Oregon, he was served by publication. Neff never appeared, and a default judgment was entered against him. To satisfy the judgment, Mitchell attached Neff's Oregon real estate. The property was sold at auction, and Pennoyer later acquired it. Nearly a decade later, Neff returned to Oregon and brought suit in federal court to evict Pennoyer from the land, claiming that the original judgment was invalid. The …
Public Employment Law And The Transition To Democracy In Chile, Robert Vaughn
Public Employment Law And The Transition To Democracy In Chile, Robert Vaughn
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Undergraduate Bulletin Of The University Of San Diego 1992-1994, University Of San Diego
Undergraduate Bulletin Of The University Of San Diego 1992-1994, University Of San Diego
Undergraduate Course Catalogs (1973- )
130 pages : illustrations, photographs ; 28 cm
Litigation As A Predatory Practice, Gary Myers
Litigation As A Predatory Practice, Gary Myers
Kentucky Law Journal
No abstract provided.
The Concept Of Baseline Risk In Tort Litigation, Vern R. Walker
The Concept Of Baseline Risk In Tort Litigation, Vern R. Walker
Kentucky Law Journal
No abstract provided.
Alternatives To Entanglement, David E. Steinberg
Alternatives To Entanglement, David E. Steinberg
Kentucky Law Journal
No abstract provided.
On Ending The Battle Of The Forms: Problems With Solutions, Corneill A. Stephens
On Ending The Battle Of The Forms: Problems With Solutions, Corneill A. Stephens
Kentucky Law Journal
No abstract provided.
From Prerogative To Accountability: The Amenability Of The President To Suit, Laura Krugman Ray
From Prerogative To Accountability: The Amenability Of The President To Suit, Laura Krugman Ray
Kentucky Law Journal
No abstract provided.
Celebrating (?) The Bill Of Rights: The Root, Branch, And Foliage Of American Liberty, Norman Dorsen
Celebrating (?) The Bill Of Rights: The Root, Branch, And Foliage Of American Liberty, Norman Dorsen
Kentucky Law Journal
No abstract provided.