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Civil Procedure

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Selected Works

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Full-Text Articles in Law

Loser Pays - But Only A Reasonable Amount, Martin Sunnqvist Dec 2011

Loser Pays - But Only A Reasonable Amount, Martin Sunnqvist

Martin Sunnqvist

In Sweden, the loser pays the costs in civil procedure. But the costs are still reasonable in comparison with many other countries. In the text, I try to explain why.

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Criminal Procedure: The Constitution And The Police, 6th, Mark Brodin, Robert Bloom Oct 2011

Criminal Procedure: The Constitution And The Police, 6th, Mark Brodin, Robert Bloom

Robert M. Bloom

Examples & Explanations: Criminal Procedure: The Constitution and the Police, Sixth Edition, using the method that has made it such a successful resource for students, continues to present the discussion of criminal procedure in a way that mirrors the sequence of real-life events in law enforcement.

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Updates Editor: Chapters 3, 6, 31-36, 54, 55, 77-81, Robert Bloom Dec 2010

Updates Editor: Chapters 3, 6, 31-36, 54, 55, 77-81, Robert Bloom

Robert M. Bloom

No abstract provided.

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When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey Dec 2010

When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey

Robert M. Bloom

The United States has played a leading role in the development of the exclusionary rule since Weeks v. United States (1914). The original exclusionary rule justification set out in Weeks is the vindication principle which operates so as to exclude unconstitutionally obtained evidence for the purpose of vindicating the rights of the accused. In this way the exclusion of evidence provides a remedy to the victim of an illegality by maintaining the status quo ante. The U.S. Supreme Court observed in Wolf v Colorado (1949) that “[o]f 10 jurisdictions within the United Kingdom and the British Commonwealth of Nations which …

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A Broader View Of The U.S. Immigration Adjudication Problem, Jill Family Dec 2010

A Broader View Of The U.S. Immigration Adjudication Problem, Jill Family

Jill E. Family

Immigration adjudication is ailing. A combination of problems within the administrative system and steady efforts to narrow the role of the federal courts has resulted in a system subject to much criticism. It is not unusual to find court of appeals judges describing the administrative adjudication system as dysfunctional.

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The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes Dec 2010

The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes

Henry S. Noyes

With its decisions in Twombly and Iqbal, the Supreme Court established a new federal pleading standard: a complaint must state a plausible claim for relief. Many commentators have written about the meaning of plausibility. None has focused on the Court’s statement that “[d]etermining whether a complaint states a plausible claim for relief...will be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” In this article, I make and support several claims about the meaning and application of judicial experience. First, in order to understand and define the plausibility standard, one must understand …

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U.S. Exclusionary Rule: A Comparative Analysis, Robert Bloom Oct 2010

U.S. Exclusionary Rule: A Comparative Analysis, Robert Bloom

Robert M. Bloom

No abstract provided.

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History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom Oct 2010

History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom

Robert M. Bloom

No abstract provided.

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Becoming An Immigration Lawyer, Jill Family Dec 2009

Becoming An Immigration Lawyer, Jill Family

Jill E. Family

This book is an essential resource for law students and lawyers interested in a career in administrative law. In the first half of the book, a national expert describes the field, and outlines your optimal entry strategies. The second half offers individual, personalized examples of the various career paths in administrative law, and details the demands and rewards of each. The "how-to" essays are authored by 19 of the leading law firm practitioners, government agency counsels, federal administrative law judges, non-profit group advocates and legal educators. In plain language, they open your eyes to the many rewarding careers that lie …

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The Death Of The American Trial, Robert Burns Dec 2008

The Death Of The American Trial, Robert Burns

Robert P. Burns

This book analyzes and criticizes the loss of one of the great achievements of our public culture, the American trial.

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Drug Testing In Public Schools, Robert Bloom Mar 2008

Drug Testing In Public Schools, Robert Bloom

Robert M. Bloom

No abstract provided.

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Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom Mar 2008

Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom

Robert M. Bloom

No abstract provided.

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Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom Jan 2008

Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom

Robert M. Bloom

No abstract provided.

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Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom Dec 2006

Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom

Robert M. Bloom

No abstract provided.

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Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom Dec 2005

Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom

Robert M. Bloom

No abstract provided.

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American Legal Education, Robert Bloom Dec 2004

American Legal Education, Robert Bloom

Robert M. Bloom

No abstract provided.

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Sealed Settlement Agreements In Federal District Court, Steven Gensler, Robert Reagan, Shannon Wheatman, Marie Leary, Natacha Blain, George Cort, Dean Miletich Dec 2003

Sealed Settlement Agreements In Federal District Court, Steven Gensler, Robert Reagan, Shannon Wheatman, Marie Leary, Natacha Blain, George Cort, Dean Miletich

Steven S. Gensler

No abstract provided.

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More Citizen Jurors Or Fewer Citizen Jurors [Japanese Translation By Satoru Shinomiya], Robert Bloom Dec 2002

More Citizen Jurors Or Fewer Citizen Jurors [Japanese Translation By Satoru Shinomiya], Robert Bloom

Robert M. Bloom

No abstract provided.

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Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom Dec 2001

Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom

Robert M. Bloom

No abstract provided.

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Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, Robert Bloom Dec 2001

Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, Robert Bloom

Robert M. Bloom

No abstract provided.

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American Legal Education, Robert Bloom Dec 2001

American Legal Education, Robert Bloom

Robert M. Bloom

No abstract provided.

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Teacher’S Manual To Accompany Materials For A Basic Course In Civil Procedure, Mary Brigid Mcmanamon Dec 1997

Teacher’S Manual To Accompany Materials For A Basic Course In Civil Procedure, Mary Brigid Mcmanamon

Mary Brigid McManamon

No abstract provided.

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Contempt Powers Of Municipal Courts And Jurisdiction And Venue For Municipal Courts, David Swank Dec 1995

Contempt Powers Of Municipal Courts And Jurisdiction And Venue For Municipal Courts, David Swank

David Swank

No abstract provided.

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Making The Match: Human Traces, Forensic Experts And The Public Imagination, Francis Spufford, Jenny Uglow, Anne O'Connell, Alison Winter Dec 1995

Making The Match: Human Traces, Forensic Experts And The Public Imagination, Francis Spufford, Jenny Uglow, Anne O'Connell, Alison Winter

Anne Joseph O'Connell

No abstract provided.

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Clinical Education Programs--An Overview, Robert Bloom Aug 1995

Clinical Education Programs--An Overview, Robert Bloom

Robert M. Bloom

No abstract provided.

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Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom Dec 1994

Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom

Robert M. Bloom

No abstract provided.

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Foreign Plaintiffs Have An Absolute Right To Have Their Causes Of Action Heard In Texas Courts: Dow Chemical Co. V. Alfaro, 786 S.W. 2d 674 (Tex. 1990), Andrew M. Coats Dec 1990

Foreign Plaintiffs Have An Absolute Right To Have Their Causes Of Action Heard In Texas Courts: Dow Chemical Co. V. Alfaro, 786 S.W. 2d 674 (Tex. 1990), Andrew M. Coats

Andrew M. Coats

No abstract provided.

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Federal Rule Of Civil Procedure 68: A Comment, Tom Campbell Dec 1986

Federal Rule Of Civil Procedure 68: A Comment, Tom Campbell

Tom Campbell

No abstract provided.

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Oklahoma Civil Appeals - Writs, Interlocutory Appeals And Final Orders, David Swank Oct 1986

Oklahoma Civil Appeals - Writs, Interlocutory Appeals And Final Orders, David Swank

David Swank

No abstract provided.

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Oklahoma Civil Appeals - Final Judgments - Final Orders, David Swank Dec 1985

Oklahoma Civil Appeals - Final Judgments - Final Orders, David Swank

David Swank

No abstract provided.

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