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Civil Procedure

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1979

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Articles 1 - 17 of 17

Full-Text Articles in Law

World-Wide Volkswagen Corp. V. Woodson, Lewis F. Powell Jr. Oct 1979

World-Wide Volkswagen Corp. V. Woodson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Rush V. Savchuk, Lewis F. Powell Jr. Oct 1979

Rush V. Savchuk, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Supreme Court Of Virginia V. Consumers Union Of The United States, Inc., Lewis F. Powell Jr. Oct 1979

Supreme Court Of Virginia V. Consumers Union Of The United States, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Deposit Guaranty National Bank Of Jackson, Mississippi V. Roper, Lewis F. Powell Jr. Oct 1979

Deposit Guaranty National Bank Of Jackson, Mississippi V. Roper, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States Parole Commission V. Geraghty, Lewis F. Powell Jr. Oct 1979

United States Parole Commission V. Geraghty, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Code Of Professional Responsibility As A Measure Of Attorney Liability In Civil Litigation, Charles W. Wolfram May 1979

The Code Of Professional Responsibility As A Measure Of Attorney Liability In Civil Litigation, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.


Civil Procedure, John H. Garvey, Beth Pederson Doutt Jan 1979

Civil Procedure, John H. Garvey, Beth Pederson Doutt

Scholarly Articles

No abstract provided.


Limits Of Ancillary Jurisdiction, John H. Garvey Jan 1979

Limits Of Ancillary Jurisdiction, John H. Garvey

Scholarly Articles

In Owen Equipment & Erection Co. v. Kroger the Supreme Court last Term addressed for the first time the permissible scope of ancillary jurisdiction under the Federal Rules of Civil Procedure. Although the Court approved using the doctrine in the situations to which it has most commonly been applied, it disapproved applying the doctrine to a plaintiff's claim against a nondiverse third-party defendant. This Article suggests that the line drawn by the Court in Kroger is likely to be particularly mischievous and is inconsistent with the justifications of fairness, convenience, and economy generally advanced to support the doctrine of ancillary …


Civil Litigation And Jura Novit Curia, Lawrence G. Baxter Jan 1979

Civil Litigation And Jura Novit Curia, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


Jury Size And The Peremptory Challenge: Testimony On Jury Reform, Richard O. Lempert Jan 1979

Jury Size And The Peremptory Challenge: Testimony On Jury Reform, Richard O. Lempert

Book Chapters

In the essay that follows, Professor Lempert pursues the "lay versus professional" issue, once again in the jury context. He begins by setting forth a general theory of the likely contribution of each. He then applies his posited theory to two issues of current interest to the bar: jury size and the peremptory challenge. The essay originated as testimony (prepared jointly with Dr. Jay Schulman) before a Senate subcommittee considering a bill (S. 2074, 95th Congress, 1st Session) to reduce the number of peremptory challenges in civil cases from three to two and also to require all federal district courts …


Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold Jan 1979

Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


Introduction To Cleary's Presuming And Pleading: An Essay On Juristic Immaturity, Geoffrey C. Hazard Jr. Jan 1979

Introduction To Cleary's Presuming And Pleading: An Essay On Juristic Immaturity, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


A Way Out Of The Social Security Jurisdiction Tangle, John M. Rogers Jan 1979

A Way Out Of The Social Security Jurisdiction Tangle, John M. Rogers

Law Faculty Scholarly Articles

When Congress recently eliminated the $10,000 amount-in-controversy requirement for federal question jurisdiction in suits against the United States, its agencies, and its officers, Congress effectively resolved, for most cases, the problem of finding subject matter jurisdiction for federal judicial review of federal administrative agency action. Whatever the resolution of such distinct issues as whether there is a cause of action, whether sovereign immunity is waived, and whether administrative remedies have been exhausted, subject matter jurisdiction, at least, will be provided, if nowhere else, by the amended federal question jurisdiction statute, 28 U.S.C. § 1331. The applicability of section 1331, however, …


Summary Judgements In Antitrust Conspiracy Litigation, C. Paul Rogers Iii. Jan 1979

Summary Judgements In Antitrust Conspiracy Litigation, C. Paul Rogers Iii.

Faculty Journal Articles and Book Chapters

No abstract provided.


Toward Better Environmental Standard Setting: Lessons From Case Study, Douglas O. Linder Jan 1979

Toward Better Environmental Standard Setting: Lessons From Case Study, Douglas O. Linder

Faculty Works

No abstract provided.


Federal Discovery: A Survey Of Local Rules And Practices In View Of Proposed Changes To The Federal Rules, Sherman L. Cohn Jan 1979

Federal Discovery: A Survey Of Local Rules And Practices In View Of Proposed Changes To The Federal Rules, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

Traditionally, except for the limited role played by pleadings and bills of particulars, the attorney in a law court did not disclose evidentiary matters until trial. "A judicial proceeding was a battle of wits rather than a search for the truth,"' and thus, each side was protected to a large extent against disclosure of his case until counsel chose to disclose it at trial. This philosophy changed some forty years ago with the introduction of discovery in the Federal Rules of Civil Procedure. In the words of Mr. Justice Murphy, the discovery rules meant that "civil trials in the federal …


"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne Henderson Jan 1979

"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne Henderson

Scholarly Works

No abstract provided.