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Articles 1 - 22 of 22
Full-Text Articles in Law
Clear And Convincing Civility: Applying The Civil Commitment Standard Of Proof To Civil Asset Forfeiture, Stephen J. Moss
Clear And Convincing Civility: Applying The Civil Commitment Standard Of Proof To Civil Asset Forfeiture, Stephen J. Moss
American University Law Review
No abstract provided.
Extending Federal Rule Of Civil Procedure 4 (K) (2): A Way To (Partially) Clean Up The Personal Jurisdiction Mess, Patrick J. Borchers
Extending Federal Rule Of Civil Procedure 4 (K) (2): A Way To (Partially) Clean Up The Personal Jurisdiction Mess, Patrick J. Borchers
American University Law Review
No abstract provided.
2017 Patent Law Decisions Of The Federal Circuit, Laura C. Whitworth
2017 Patent Law Decisions Of The Federal Circuit, Laura C. Whitworth
American University Law Review
No abstract provided.
Extending Federal Rule Of Civil Procedure 4(K)(2): A Way To (Partially) Clean Up The Personal Jurisdiction Mess, Patrick J. Borchers
Extending Federal Rule Of Civil Procedure 4(K)(2): A Way To (Partially) Clean Up The Personal Jurisdiction Mess, Patrick J. Borchers
American University Law Review
No abstract provided.
Intent And Consent In The Tort Of Battery: Confusion And Controversy, Nancy J. Moore
Intent And Consent In The Tort Of Battery: Confusion And Controversy, Nancy J. Moore
American University Law Review
No abstract provided.
The Tao Of Pleading: Do Twombly And Iqbal Matter Empirically?, Patricia W. Hatamyar
The Tao Of Pleading: Do Twombly And Iqbal Matter Empirically?, Patricia W. Hatamyar
American University Law Review
This article is an empirical study of the effect of Bell Atlantic Corp. vs. Twombly, 550 U.S. 544 (2007), and Ashcroft vs. Iqbal, 129 S. Ct. 1937 (2009), two recent Supreme Court cases that portend the decline of “notice pleading” in federal civil practice. The article analyzes how Twombly and Iqbal have begun to dismantle the regime of notice pleading by not only discarding the “no set of facts” standard of Conley vs. Gibson, 355 U.S. 41 (1957), but by changing or ignoring other principles that federal courts have followed for decades on 12(b)(6) motions. The statistical study then examines …
Six Decrees Of Separation: Settlement Agreements And Consent Orders In Federal Civil Litigation, Anthony Disarro
Six Decrees Of Separation: Settlement Agreements And Consent Orders In Federal Civil Litigation, Anthony Disarro
American University Law Review
No abstract provided.
What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss
What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss
American University Law Review
No abstract provided.
Improper Joinder: Confronting Plaintiffs' Attempts To Destroy Federal Subject Matter Jurisdiction., Paul Rosenthal
Improper Joinder: Confronting Plaintiffs' Attempts To Destroy Federal Subject Matter Jurisdiction., Paul Rosenthal
American University Law Review
No abstract provided.
Assuring Consistency And Uniformity Of Precedent And Legal Doctrine In The Areas Of Subject Matter Jurisdiction Entrusted Exclusively To The U.S. Court Of Appeals For The Federal Circuit: A View From The Top A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Foreword, Paul R. Michel
American University Law Review
No abstract provided.
Assuring Consistency And Uniformity Of Precedent And Legal Doctrine In The Areas Of Subject Matter Jurisdiction Entrusted Exclusively To The U.S. Court Of Appeals For The Federal Circuit: A View From The Top A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Foreword, Paul R. Michel
American University Law Review
No abstract provided.
Should Summary Judgment Be Granted?, Bradley Scott Shannon
Should Summary Judgment Be Granted?, Bradley Scott Shannon
American University Law Review
This article discusses (and criticizes) the recent change from "shall" to "should" in Federal Rule of Civil Procedure 56 to describe the standard by which a federal district court is to decide a "properly made and supported" motion for summary judgment. The article concludes that the text of Rule 56, which formally provided that such a motion "shall" be granted, cannot plausibly be construed as meaning "should"; that this change was not supported by those authorities cited by the Federal Civil Rules Advisory Committee; and that, as a normative matter, "should" is an inappropriate standard in this context. Federal district …
No Relief: Understanding The Supreme Court's Decision In Town Of Castle Rock V. Gonzales Through The Rights/Remedies Framework, Tritia L. Yuen
No Relief: Understanding The Supreme Court's Decision In Town Of Castle Rock V. Gonzales Through The Rights/Remedies Framework, Tritia L. Yuen
American University Law Review
No abstract provided.
2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird
2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird
American University Law Review
No abstract provided.
2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis
2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis
American University Law Review
No abstract provided.
The Ethics Of Delaying Persecution, Lisa A. Dolak
The Ethics Of Delaying Persecution, Lisa A. Dolak
American University Law Review
No abstract provided.
Equity And Settlement Class Actions: Can There Be Justice For All In Ortiz V. Fibreboard , Nikita Malhotra Pastor
Equity And Settlement Class Actions: Can There Be Justice For All In Ortiz V. Fibreboard , Nikita Malhotra Pastor
American University Law Review
No abstract provided.
A Case Of Statutory Misinterpretation: An 1839 Statute Of Limitation On A Form Of Debt Action Is Being Misapplied To Limit Modern Regulatory Proceedings , Susan S. Mcdonald
A Case Of Statutory Misinterpretation: An 1839 Statute Of Limitation On A Form Of Debt Action Is Being Misapplied To Limit Modern Regulatory Proceedings , Susan S. Mcdonald
American University Law Review
No abstract provided.
A Second Look At Amended Rule 11 , Theodore C. Hirt
A Second Look At Amended Rule 11 , Theodore C. Hirt
American University Law Review
No abstract provided.
The Theory Of Fee Regulation In Class Action Settlements , Bruce L. Hay
The Theory Of Fee Regulation In Class Action Settlements , Bruce L. Hay
American University Law Review
No abstract provided.
Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin
Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin
American University Law Review
No abstract provided.
Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin
Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin
American University Law Review
No abstract provided.