Law Commons^™

The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams

Vanderbilt Law Review

The dust has begun to settle. After dozens of decisions that split the lower courts into insular camps, a sharply divided Supreme Court has decided Sedima, S.P.R.L. v. Imrex Co. Over four dissents, the Court held that in creating the private civil cause of action under the Racketeer Influenced and Corrupt Organizations Act (RICO), Congress did not limit the plaintiff class to persons who allege "racketeering injury." The five Justice majority also held that Congress did not limit the defendant class to persons previously convicted under RICO's criminal provision or the predicate acts that establish the RICO violation. The Court's …

University Of Tennessee V. Elliot, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Jury Selection: Innovative Approaches To Both Civil And Criminal Litigation., Margaret Covington

St. Mary's Law Journal

Abstract Forthcoming.

Supreme Court Report: Five Wins And Nine Losses For Free Speech Fans, Joel Gora

Faculty Scholarship

No abstract provided.

1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

Jurisdiction And The Japanese Defendant, Robert Peterson

Faculty Publications

This article considers some of the current tactical and legal issues counsel must face in bringing the Japanese defendant into an American court. Much of the discussion is also relevant to service in other foreign countries. The article concludes with a recipe for the proper preparation of service of process which the Japanese defendant should find irresistible.

Spoliation: Civil Liability For Destruction Of Evidence, Andrea H. Rowse

University of Richmond Law Review

Intentional destruction of evidence has become a serious legal problem. Recently, the A.H. Robins Company was accused of intentionally destroying incriminating documents relevant to Dalkon Shield litigation. Even documents the court ordered to be preserved were allegedly destroyed by an attorney representing the company. The A.H. Robins Company is not the only corporation accused of intentionally destroying evidence. An attorney representing the Eastman-Kodak Company in an antitrust suit admitted that he destroyed documents relating to the litigation.

Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton

Touro Law Review

No abstract provided.

Court Trial Empirical Survey: Interview Responses From Trial Judges Explaining Their Experiences And Views Regarding The Trial Of Non-Jury Cases, John O. Sonsteng, Roger S. Haydock

Faculty Scholarship

Knowing how a judge will react to certain trial techniques in a trial can greatly enhance an attorney's effectiveness in the courtroom. This article contains and explains the results of the authors' empirical survey. Fifty-nine judges serving in both criminal and civil court in the Minneapolis-St. Paul area were surveyed, with each judge responding to thirty-eight questions designed to obtain objective information concerning their experiences and views on effective trial advocacy. The survey covered eight topics: (1) trial briefs; (2) pretrial chambers discussions; (3) opening statements; (4) direct and cross-examinations; (5) evidentiary matters; (6) closing arguments; (7) findings of fact …

Arbitration: Making Court-Annexed Arbitration An Attractive Alternative In Texas., Peter F. Gazda

St. Mary's Law Journal

Abstract Forthcoming.

Compelling Disclosure By A Non-Party Litigant In Violation Of Foreign Bank Secrecy Laws: Recent Developments In Canada-United States Relations, Jean-Gabriel Castel

Articles & Book Chapters

The question whether Canadian or American courts should enforce their laws in a manner that respects the laws of friendly sovereign states has recently been examined by the Supreme Court of Canada and the United States Court of Appeals for the Eleventh Circuit. Their decisions will be the object of this note in the light of recent developments in Canada-United States relations in the area of legal assistance in civil and criminal matters.

Often our courts are asked to compel a person not a party to the litigation or investigation to produce documents or give evidence in Canada when to …

The Right And The Reasonable, George P. Fletcher

Faculty Scholarship

As the common law relies on the concept of "reasonableness," the civil law relies on the concept of "Right." Professor Fletcher argues that reliance on reasonableness enables the common law to develop rules that can be voiced in a single standard. Such rules permit what Professor Fletcher terms 'flat" legal thinking. In contrast, the civil law's reliance on the concept of Right leads it to develop rules that proceed in two stages: the first rule asserts an absolute right; the second, a limitation based upon criteria other than Right. The application of such rules proceeds by what Professor Fletcher terms …

Calculating Fees Of Special Masters, David I. Levine

Faculty Scholarship

No abstract provided.