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Civil Procedure

Journal

1981

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Articles 1 - 30 of 41

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


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.


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.


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.


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.


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.


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.


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 Jurisdiction Of Alleged Torturer Under The Alien Tort Statute: Filartiga V. Pena-Irala 630 F.2d 876 (2d Cir. 1980), Roy R. Loya Jan 1981

Federal Jurisdiction Of Alleged Torturer Under The Alien Tort Statute: Filartiga V. Pena-Irala 630 F.2d 876 (2d Cir. 1980), Roy R. Loya

Maryland Journal of International Law

No abstract provided.


Federal Courts And Procedure, Various Editors Jan 1981

Federal Courts And Procedure, Various Editors

Villanova Law Review

No abstract provided.


Discovery - First And Fifth Amendment Privileges - District Court Should Balance Threatened Harm To Constitutional Rights Against Requesting Party's Need For Relevant Information In Deciding Whether To Order Civil Discovery Of Information Privileged Under The First And Fifth Amendments, Ganesh Bala Jan 1981

Discovery - First And Fifth Amendment Privileges - District Court Should Balance Threatened Harm To Constitutional Rights Against Requesting Party's Need For Relevant Information In Deciding Whether To Order Civil Discovery Of Information Privileged Under The First And Fifth Amendments, Ganesh Bala

Villanova Law Review

No abstract provided.


Current Controversies Concerning Witness Immunity In The Federal Courts, Jane Duffy Jan 1981

Current Controversies Concerning Witness Immunity In The Federal Courts, Jane Duffy

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.