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Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent
Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent
Mercer Law Review
The 2005 survey period yielded several noteworthy decisions relating to federal trial practice and procedure, many of which concerned issues of first impression in the Eleventh Circuit Court of Appeals. This Article analyzes several recent developments in the Eleventh Circuit, including significant rulings in the areas of arbitration, civil procedure, statutory interpretation, personal jurisdiction, subject matter jurisdiction, and other issues of interest to the trial practitioner.
Foreward: Of Offers Not (Frequently) Made And (Rarely) Accepted: The Mystery Of Federal Rule 68, Harold S. Lewis Jr., Thomas A. Eaton
Foreward: Of Offers Not (Frequently) Made And (Rarely) Accepted: The Mystery Of Federal Rule 68, Harold S. Lewis Jr., Thomas A. Eaton
Mercer Law Review
This Symposium brings together, from around the nation, eight civil rights and employment discrimination lawyers, four legal academics, and an eminent federal judge, all with deep experience and interest in the promise and pitfalls of Federal Rule of Civil Procedure 68. We gather to unravel a mystery. In an oversimplified nutshell, Rule 68, as construed, enables the defendants to say to the plaintiffs in employment discrimination and civil rights cases: "If you don't beat my offer at trial, you forfeit your right to any future statutory attorney fees." Rule 68 would, therefore, appear to give the defendants a significant incentive …
Symposium On Frcp 68: Lessons From New Jersey, Albert Yoon
Symposium On Frcp 68: Lessons From New Jersey, Albert Yoon
Mercer Law Review
I would like to begin by thanking the Mercer Law Review for the opportunity to participate in its Federal Rules of Civil Procedure 68 Symposium. Federal Rule of Civil Procedure 681 ("Rule 68") is an important topic, and it is an honor to discuss the rule with such distinguished attorneys, jurists, and fellow academics. The reach of Rule 68 is certainly wide, applying to all federal civil litigation. The effect of Rule 68, however, is small: most scholars and practitioners agree it has little bearing on how cases are litigated. If Rule 68, and offer-ofjudgment rules generally, are to have …
Jackson V. Birmingham Board Of Education And The Expansion Of Title Ix's Judicially Implied Private Right Of Action, Darl H. Champion Jr
Jackson V. Birmingham Board Of Education And The Expansion Of Title Ix's Judicially Implied Private Right Of Action, Darl H. Champion Jr
Mercer Law Review
In Jackson v. Birmingham Board of Education, the United States Supreme Court departed from its current trend of hostility toward implying rights of action in federal statutes. In Jackson the Court held that there is an implied private right of action for retaliation under Title IX when a whistleblower is retaliated against for complaining about sex discrimination. As a result, the Court increased the protections to employees and students of funding recipients who report instances of sex discrimination.