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Full-Text Articles in Law
Reverse Removal, Joan E. Steinman
Reverse Removal, Joan E. Steinman
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Over the past several years, the legal community has given a great deal of thought to the problems created by multiparty, multiclaim, multiforum litigation. A flurry of activity and an outpouring of writing have resulted, including proposals for substantial changes in both substantive and procedural law. Congress legislated a number of the recommendations made by the Federal Courts Study Committee when it passed the Judicial Improvements Act of 1990. Additional legislation concerning the handling of complex cases is pending, and further action by Congress over the next several years is probable, in view of the burden that complex litigation imposes …
Explaining One-Way Fee Shifting, Harold J. Krent
Explaining One-Way Fee Shifting, Harold J. Krent
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No abstract provided.
Fee Shifting Under The Equal Access To Justice Act -- A Qualified Success, Harold J. Krent
Fee Shifting Under The Equal Access To Justice Act -- A Qualified Success, Harold J. Krent
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No abstract provided.
Of Citizen Suits And Citizen Sunstein (With E. Shenkman), Harold J. Krent
Of Citizen Suits And Citizen Sunstein (With E. Shenkman), Harold J. Krent
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No abstract provided.
Supplemental Jurisdiction In § 1441 Removed Cases: An Unsurveyed Frontier Of Congress’ Handiwork, Joan E. Steinman
Supplemental Jurisdiction In § 1441 Removed Cases: An Unsurveyed Frontier Of Congress’ Handiwork, Joan E. Steinman
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Late in 1990, Congress passed a statute that confers on the district courts “supplemental jurisdiction” over a universe of claims that the courts otherwise would, or might, be unable to hear. Essentially, 28 U.S.C. § 1367(a) authorizes the courts to exercise jurisdiction over claims that are part of the same case or controversy, under Article III of the Constitution, as a claim within the court's original jurisdiction. It explicitly grants jurisdiction over claims that involve the joinder or intervention of additional parties, thereby authorizing what had been dubbed pendent party jurisdiction and some forms of ancillary jurisdiction. It also codifies …
Removal And The Eleventh Amendment: The Case For District Court Remand Discretion To Avoid A Bifurcated Suit, Mitchell N. Berman
Removal And The Eleventh Amendment: The Case For District Court Remand Discretion To Avoid A Bifurcated Suit, Mitchell N. Berman
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No abstract provided.
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
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In this Article. Professor Fisch examines the history and legacy of Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilberston, the controversial 1991 Supreme Court decision that established a federal statute of limitations for private causes of action brought under Rule 10b-5. In Part I Professor Fisch reviews the history of the 10b-5 statute of limitations prior to LampE Part II then analyzes both the issues resolved and questions raised by Lampf. Part III traces the congressional reaction to Lampf that culminated in the addition of section 27A to the Securities Act of 1934. In Part IV, Professor Fisch concludes by …
Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch
Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch
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No abstract provided.
Foreword: The Law Of Federal Judicial Discipline And The Lessons Of Social Science, Stephen B. Burbank, Sheldon Jay Plager
Foreword: The Law Of Federal Judicial Discipline And The Lessons Of Social Science, Stephen B. Burbank, Sheldon Jay Plager
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No abstract provided.
Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank
Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank
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No abstract provided.