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Civil Procedure

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1981

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Full-Text Articles in Law

Pleading Principles And Problems In Washington, Philip A. Trautman Nov 1981

Pleading Principles And Problems In Washington, Philip A. Trautman

Washington Law Review

It has now been a little over two decades since the present rules governing pleading became effective in Washington. It was on January 1, 1960 that the pertinent Washington Civil Rules, patterned after the Federal Rules of Civil Procedure, took effect. With some twenty years of experience to draw upon, it seems appropriate to review that experience with the hope of embellishing the stark provisions of the rules themselves, clarifying some of the problems that have arisen, and evaluating whether the objectives sought in the rules have been achieved.


Pleading Principles And Problems In Washington, Philip A. Trautman Nov 1981

Pleading Principles And Problems In Washington, Philip A. Trautman

Washington Law Review

It has now been a little over two decades since the present rules governing pleading became effective in Washington. It was on January 1, 1960 that the pertinent Washington Civil Rules, patterned after the Federal Rules of Civil Procedure, took effect. With some twenty years of experience to draw upon, it seems appropriate to review that experience with the hope of embellishing the stark provisions of the rules themselves, clarifying some of the problems that have arisen, and evaluating whether the objectives sought in the rules have been achieved.


Reasonable Assurance Of Actual Notice Required For In Personam Default Judgment In Utah: Graham V. Sawaya, Robert Charles Martin Nov 1981

Reasonable Assurance Of Actual Notice Required For In Personam Default Judgment In Utah: Graham V. Sawaya, Robert Charles Martin

BYU Law Review

No abstract provided.


Federal Appeals Court's State Law Ruling Entitled To Conclusive Deference: Factors Etc., Inc. V. Pro Arts, Inc., J. Stanton Curry Nov 1981

Federal Appeals Court's State Law Ruling Entitled To Conclusive Deference: Factors Etc., Inc. V. Pro Arts, Inc., J. Stanton Curry

BYU Law Review

No abstract provided.


Delta Air Lines, Inc. V. August, 101 S. Ct. 1146 (1981), Robert L. Rothman Oct 1981

Delta Air Lines, Inc. V. August, 101 S. Ct. 1146 (1981), Robert L. Rothman

Florida State University Law Review

Civil Procedure-FEDERAL RULE OF CIVIL PROCEDURE 68-WHEN IT COMES DOWN TO COSTS, IT'S NOT HOW YOU PLAY THE GAME, IT'S WHETHER YOU WIN OR LOSE


Jurisdiction And Jury Trials In Actions Against Foreign Government Owned Corporations Sep 1981

Jurisdiction And Jury Trials In Actions Against Foreign Government Owned Corporations

Washington and Lee Law Review

No abstract provided.


Abstention Under Erisa: Levy V. Lewis Sep 1981

Abstention Under Erisa: Levy V. Lewis

Washington and Lee Law Review

No abstract provided.


Curbing Discovery Abuse In Civil Litigation: Enough Is Enough, Maurice Rosenberg, Warren R. King Sep 1981

Curbing Discovery Abuse In Civil Litigation: Enough Is Enough, Maurice Rosenberg, Warren R. King

BYU Law Review

No abstract provided.


Curbing Discovery Abuse In Civil Litigation: We're Not There Yet, Frank F. Flegal, Steven M. Umin Sep 1981

Curbing Discovery Abuse In Civil Litigation: We're Not There Yet, Frank F. Flegal, Steven M. Umin

BYU Law Review

No abstract provided.


Colloquy On Complex Litigation, Alvin B. Rubin, Francis R. Kirkham, Weyman I. Lundquist, Jerrold E. Salzman Sep 1981

Colloquy On Complex Litigation, Alvin B. Rubin, Francis R. Kirkham, Weyman I. Lundquist, Jerrold E. Salzman

BYU Law Review

No abstract provided.


Judicial Recusal: Rule 18a - Substance Or Procedure 1981 Rules Of Civil Procedure: Content And Comments., Sam Sparks Sep 1981

Judicial Recusal: Rule 18a - Substance Or Procedure 1981 Rules Of Civil Procedure: Content And Comments., Sam Sparks

St. Mary's Law Journal

Abstract Forthcoming.


Appellate Procedure Reform 1981 Rules Of Civil Procedure: Content And Comments., Charles W. Barrow Sep 1981

Appellate Procedure Reform 1981 Rules Of Civil Procedure: Content And Comments., Charles W. Barrow

St. Mary's Law Journal

Abstract Forthcoming.


Other Significant Changes In The Appellate Rules 1981 Rules Of Civil Procedure: Content And Comments., Clarence A. Guittard Sep 1981

Other Significant Changes In The Appellate Rules 1981 Rules Of Civil Procedure: Content And Comments., Clarence A. Guittard

St. Mary's Law Journal

Abstract Forthcoming.


Distress Warrant And Trial Of Right Of Property Under The 1981 Texas Rules 1981 Rules Of Civil Procedure: Content And Comments., Luther H. Soules Iii, Mary M. Potter Sep 1981

Distress Warrant And Trial Of Right Of Property Under The 1981 Texas Rules 1981 Rules Of Civil Procedure: Content And Comments., Luther H. Soules Iii, Mary M. Potter

St. Mary's Law Journal

Abstract Forthcoming.


The Rules Of Civil Procedure: 1981 Changes In Pre-Trial Discovery 1981 Rules Of Civil Procedure: Content And Comments., Franklin Spears Sep 1981

The Rules Of Civil Procedure: 1981 Changes In Pre-Trial Discovery 1981 Rules Of Civil Procedure: Content And Comments., Franklin Spears

St. Mary's Law Journal

Abstract Forthcoming.


Introduction 1981 Rules Of Civil Procedure: Content And Comments - Introduction., Orville C. Walker Sep 1981

Introduction 1981 Rules Of Civil Procedure: Content And Comments - Introduction., Orville C. Walker

St. Mary's Law Journal

Abstract Forthcoming.


Klein V. City Of Yonkers: A Penumbra Of Uncertainty, Charles E. Roberts Jul 1981

Klein V. City Of Yonkers: A Penumbra Of Uncertainty, Charles E. Roberts

Buffalo Law Review

No abstract provided.


The Assertion Of Statutory Rights Under Flsa And Osha: Expand Or Limit The Gardner-Denver Rationale, John A. Adams May 1981

The Assertion Of Statutory Rights Under Flsa And Osha: Expand Or Limit The Gardner-Denver Rationale, John A. Adams

BYU Law Review

No abstract provided.


A Well-Plead Complaint - The Key To Recovery Of Economic Damages For Delay In Admiralty, Chuck Talley Apr 1981

A Well-Plead Complaint - The Key To Recovery Of Economic Damages For Delay In Admiralty, Chuck Talley

Florida State University Law Review

No abstract provided.


Survey Of Developments In The Fourth Circuit: 1980 Apr 1981

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.


Iv. Civil Procedure Mar 1981

Iv. Civil Procedure

Washington and Lee Law Review

No abstract provided.


Manipulating Forum Jurisdiction And Generating A Law Of Employee Free Speech, Ivan C. Rutledge Mar 1981

Manipulating Forum Jurisdiction And Generating A Law Of Employee Free Speech, Ivan C. Rutledge

Mercer Law Review

The National Labor Relations Act contains protection of employee solicitation, handbilling, and choice of representatives that the first and fourteenth amendments do not vouchsafe to other members of society. This essay is written to review the development of this thesis and to argue that the United States Supreme Court has fashioned a regime of forum jurisdiction surrounding employees' rights to speak and print that is both unique and exquisitely complex. Two patterns of allocating jurisdiction, both subsumed under the fuzzy expression "federal pre-emption," engender the complexity. This article will first review the Court's precedents before the Taft-Hartley Act in 1947, …


Kentucky Law Survey: Civil Procedure, John R. Leathers, Roxane M. Tomasi, Jeffrey B. Hunt Jan 1981

Kentucky Law Survey: Civil Procedure, John R. Leathers, Roxane M. Tomasi, Jeffrey B. Hunt

Kentucky Law Journal

No abstract provided.


Estoppel And The Public Purse: A New Check On Government Taxing And Spending Powers In Florida, David K. Miller Jan 1981

Estoppel And The Public Purse: A New Check On Government Taxing And Spending Powers In Florida, David K. Miller

Florida State University Law Review

No abstract provided.


The Eec Convention On Jurisdiction And Enforcement Of Civil And Commercial Judgments, Elizabeth Freeman Jan 1981

The Eec Convention On Jurisdiction And Enforcement Of Civil And Commercial Judgments, Elizabeth Freeman

Northwestern Journal of International Law & Business

As the result of a Protocol to the EEC Convention on Jurisdiction and Enforcement of Civil and Commercial Judgments, the European Court of Justice was express given jurisdiction to interpret the Convention's provisions. The European Court, in interpreting the Convention, has adopted Community solutions and common Community law definitions. In addition, the European Court has narrowly construed exceptions to the Convention's basic principles. The Court has also attempted to guarantee equality of treatment. In this article, Mrs. Freeman examines the European Court's application of these principles in light of the Convention's purpose and structure.


Federal Courts And Procedure, Various Editors Jan 1981

Federal Courts And Procedure, Various Editors

Villanova Law Review

No abstract provided.


United States V. Mandel: The Mail Fraud And En Banc Procedural Issues Jan 1981

United States V. Mandel: The Mail Fraud And En Banc Procedural Issues

Maryland Law Review

No abstract provided.


Counter Revolution In The Federal Courts Of Appeal - The Aftermath Of Vermont Yankee, Jon A. Mueller Jan 1981

Counter Revolution In The Federal Courts Of Appeal - The Aftermath Of Vermont Yankee, Jon A. Mueller

University of Richmond Law Review

In recent years, there has been growing judicial concern about the fairness of action by administrative agencies and the ability of courts to effectively review this action. This concern stems from the increased use of informal procedures by agencies promulgating rules or orders, to accomplish the congressional objectives set out in their substantive statutes. In response, certain federal courts of appeal have begun to impose upon these agencies more procedural safeguards than are required by either the Administrative Procedure Act (APA) or substantive statutes. These judicially imposed safeguards are more commonly known as hybrid procedures.


Non-Jury Trial Of Civil Litigation: Justifying A Complexity Exception To The Seventh Amendment, Barrett E. Pope Jan 1981

Non-Jury Trial Of Civil Litigation: Justifying A Complexity Exception To The Seventh Amendment, Barrett E. Pope

University of Richmond Law Review

The seventh amendment to the United States Constitution states that "[i]n Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved."' When Congress enacted the Federal Rules of Civil Procedure, the right to jury trial at common law remained undisturbed.


Deposit Guaranty National Bank V. Roper And U.S. Parole Commission V. Geraghty: Solution For Or Confusion Of Class Action M Ootness? Jan 1981

Deposit Guaranty National Bank V. Roper And U.S. Parole Commission V. Geraghty: Solution For Or Confusion Of Class Action M Ootness?

Washington and Lee Law Review

No abstract provided.