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Articles 1 - 30 of 37
Full-Text Articles in Law
Intervention In The Public Interest Under Rule 24(A)(2) Of The Federal Rules Of Civil Procedure
Intervention In The Public Interest Under Rule 24(A)(2) Of The Federal Rules Of Civil Procedure
Washington and Lee Law Review
No abstract provided.
Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva
Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva
Washington Law Review
This Comment considers the constitutionality of the Washington cap on noneconomic damages. The Comment briefly reviews the recent legislation of medical malpractice and tort reform damages ceilings and judicial decisions on the constitutionality of such ceilings. The Comment then analyzes the constitutionality of the Washington limit under the substantive due process and equal protection guarantees of the federal and state constitutions. Because under the federal constitution a court should give the statute only minimal scrutiny, the statute probably does not offend fourteenth amendment protections. Under the Washington Constitution, however, a court should give the statute intermediate scrutiny. Under intermediate scrutiny …
Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva
Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva
Washington Law Review
This Comment considers the constitutionality of the Washington cap on noneconomic damages. The Comment briefly reviews the recent legislation of medical malpractice and tort reform damages ceilings and judicial decisions on the constitutionality of such ceilings. The Comment then analyzes the constitutionality of the Washington limit under the substantive due process and equal protection guarantees of the federal and state constitutions. Because under the federal constitution a court should give the statute only minimal scrutiny, the statute probably does not offend fourteenth amendment protections. Under the Washington Constitution, however, a court should give the statute intermediate scrutiny. Under intermediate scrutiny …
Work Product Privilege And Discovery Of Expert Testimony: Resolving The Conflict Between Federal Rules Of Civil Procedure 26(B)(3) And 26(B)(4), Jan W. Henkel, O. Lee Reed
Work Product Privilege And Discovery Of Expert Testimony: Resolving The Conflict Between Federal Rules Of Civil Procedure 26(B)(3) And 26(B)(4), Jan W. Henkel, O. Lee Reed
Florida State University Law Review
When an attorney furnishes documents containing work product to an expert witness, a potential conflict arises between the work product immunity of Rule 26(b)(3) and the expert discovery provisions of Rule 269b)(4). In this Article, Professors Henkel and Reed examine the approaches federal courts have taken to this conflict. They argue that any approach which either allows for the discovery of documents containing work product or allows for the discovery of document from which product has been expunged is contrary to the purposes of the federal rules. The authors then propose a solution to this conflict which protects both the …
Konizeski And The Warner Amendment: Back To Ground Zero For Atomic Litigants, A Constandina Titus, Michael W. Bowers False
Konizeski And The Warner Amendment: Back To Ground Zero For Atomic Litigants, A Constandina Titus, Michael W. Bowers False
BYU Law Review
No abstract provided.
Rule 26(B)(4) Of The Federal Rules Of Civil Procedure: Discovery Of Expert Information, James L. Hayes, Paul T. Ryder Jr.
Rule 26(B)(4) Of The Federal Rules Of Civil Procedure: Discovery Of Expert Information, James L. Hayes, Paul T. Ryder Jr.
University of Miami Law Review
No abstract provided.
Civil Procedure—Class Actions—Trial Courts Have Broad Discretion To Certify Classes. International Union Of Electric Radio And Machine Workers V. Hudson, 295 Ark. 107, 747 S.W.2d 81 (1988)., Sarah Wilson
University of Arkansas at Little Rock Law Review
No abstract provided.
Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber
Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber
University of Michigan Journal of Law Reform
This Article examines whether Rule 23(b)(2) violates the procedural due process rights of absent class members by binding them to the judgment in a class case without notice of the suit. It concludes that the Rule almost certainly violates due process and proposes a reform that would permit nonbinding class actions similar to the old "spurious" class suits.
Rule 11 And Civil Rights Litigation, Carl Tobias
Rule 11 And Civil Rights Litigation, Carl Tobias
Buffalo Law Review
No abstract provided.
Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner
Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner
BYU Law Review
No abstract provided.
Subject Matter Jurisdiction As A New Issue On Appeal: Reining In An Unruly Horse, Robert J. Martineau
Subject Matter Jurisdiction As A New Issue On Appeal: Reining In An Unruly Horse, Robert J. Martineau
BYU Law Review
No abstract provided.
In Re United States Catholic Conference: Considering Non-Party Rights, David P. Brooks
In Re United States Catholic Conference: Considering Non-Party Rights, David P. Brooks
BYU Law Review
No abstract provided.
The Intended Application Of Federal Rule Of Civil Procedure 11: An End To The "Empty Head, Pure Heart"Defense And A Reinforcement Of Ethical Standards, Debbie A. Wilson
The Intended Application Of Federal Rule Of Civil Procedure 11: An End To The "Empty Head, Pure Heart"Defense And A Reinforcement Of Ethical Standards, Debbie A. Wilson
Vanderbilt Law Review
The American public has long viewed the legal profession with a puzzling mixture of respect and envy tempered by distaste and mistrust.' Nevertheless, Americans especially are amenable to invoking judicial processes when a wrong is perceived.' This tendency has led to the well-publicized problems of overcrowded dockets and lengthy trial proceedings, both of which contribute to making the American legal system the most expensive in the world. Commentators, the legal community, and other citizens increasingly criticize the litigiousness of the American legal system. The legal profession generally is exempt from governmental regulation because the bar adopts and enforces its own …
The Unsolved Problem In Taking Evidence Abroad: The Non-Rule Of Aerospatiale, William L. Wilks, Nancy E. Goldberg
The Unsolved Problem In Taking Evidence Abroad: The Non-Rule Of Aerospatiale, William L. Wilks, Nancy E. Goldberg
Penn State International Law Review
In the Aerospatiale decision, the United States Supreme Court attempts to define the powers of American courts to compel discovery from foreign litigants in those courts, in light of the Hague Evidence Convention. This article initially examines the various interpretations of the Convention used to solve the "apples/oranges" problem, encountered by litigants from different nations and incompatible jurisprudential systems, when they seek to obtain evidence located outside the U.S. or in the control of a foreign litigant. The Court's response to this problem is later addressed by an analysis of its decision, which seems to confuse the situation further, for …
The Surrogate Responds: The Need For Reform In Adoption Proceedings, C. Raymond Radigan
The Surrogate Responds: The Need For Reform In Adoption Proceedings, C. Raymond Radigan
Touro Law Review
No abstract provided.
Choice Of Law In Washington—The Evolution Continues, Philip A. Trautman
Choice Of Law In Washington—The Evolution Continues, Philip A. Trautman
Washington Law Review
Twenty years ago an analysis of choice of law principles in the state of Washington concluded with the following observation: "The evolutionary process has finally begun in Washington. It will be a long time in developing. The limitations on that development are only those imposed by the ingenuity, insights and degree of in-depth research and work of counsel and the court."' Much has happened in the twenty years since that statement was made. On the national level, the United States Supreme Court has for the most part withdrawn from the scene and has imposed little control upon the states in …
Choice Of Law In Washington—The Evolution Continues, Philip A. Trautman
Choice Of Law In Washington—The Evolution Continues, Philip A. Trautman
Washington Law Review
Twenty years ago an analysis of choice of law principles in the state of Washington concluded with the following observation: "The evolutionary process has finally begun in Washington. It will be a long time in developing. The limitations on that development are only those imposed by the ingenuity, insights and degree of in-depth research and work of counsel and the court."' Much has happened in the twenty years since that statement was made. On the national level, the United States Supreme Court has for the most part withdrawn from the scene and has imposed little control upon the states in …
International Service Of Process, Armando L. Basarrate,Ii
International Service Of Process, Armando L. Basarrate,Ii
Vanderbilt Journal of Transnational Law
This Note examines the conflicts that may arise between the Federal Rules of Civil Procedure utilized by American federal courts and procedures under the Service Convention. In addition, this Note compares the logic and policy of the differing approaches utilized by federal courts to resolve such conflicts. Finally, it concludes that the approach which best resolves the legal and practical problems of such conflicts is one which holds that the Service Convention supercedes certain rules of civil procedure when the two conflict.
Voluntary Dismissals - From Shield To Sword By The Convergence Of Improvident Actions, 21 J. Marshall L. Rev. 549 (1988), James T. Ferrini, Richard R. Winter
Voluntary Dismissals - From Shield To Sword By The Convergence Of Improvident Actions, 21 J. Marshall L. Rev. 549 (1988), James T. Ferrini, Richard R. Winter
UIC Law Review
No abstract provided.
Carnegie-Mellon University V. Cohill: The United States Supreme Court Upholds The Authority Of Federal Courts To Remand Properly Removed Pendent Jurisdiction Claims, 22 J. Marshall L. Rev. 389 (1988), William Barrett
UIC Law Review
No abstract provided.
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Touro Law Review
No abstract provided.
Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association
Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association
Touro Law Review
No abstract provided.
Addressing The Adversarial Dilemma Of Civil Discovery, Michael E. Wolfson
Addressing The Adversarial Dilemma Of Civil Discovery, Michael E. Wolfson
Cleveland State Law Review
There can be no question that the emergence of modern pretrial discovery has contributed enormously to making the conduct of a lawsuit a more fair, just, and efficient process. But discovery also offers a substantial potential for mischief. Since few civil cases today are actually resolved at trial, trouble in the pretrial phase of litigation signals potentially major problems in the legal system's role as the nation's primary dispute resolution mechanism. It is the purpose of this Article to examine the issue of discovery abuse in light of the fundamental adversarial dilemma of the discovery process and propose a new …
The Voluntary Dismissal In Illinois - A Sword Or A Shield, 21 J. Marshall L. Rev. 537 (1988), Robert G. Johnston
The Voluntary Dismissal In Illinois - A Sword Or A Shield, 21 J. Marshall L. Rev. 537 (1988), Robert G. Johnston
UIC Law Review
No abstract provided.
Illinois Courts Struggle To Evaluate Race-Neutral Explanations For Peremptory Challenges Under Batson V. Kentucky, 22 J. Marshall L. Rev. 235 (1988), Kevin E. Bry
UIC Law Review
No abstract provided.
The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis
The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis
UIC Law Review
No abstract provided.
Nationwide Service Of Process: Due Process Limitations On The Power Of The Sovereign, Robert A. Lusardi
Nationwide Service Of Process: Due Process Limitations On The Power Of The Sovereign, Robert A. Lusardi
Villanova Law Review
No abstract provided.
Civil Procedure - Federal Rule Of Civil Procedure 4(C)(2)(C)(Ii) - Defendant's Failure To Return Acknowledgment Of Service By Mail Mandates Personal Service, Which Must Be Made Within 120 Days Of Filing The Complaint, Leigh Christy Schaller
Civil Procedure - Federal Rule Of Civil Procedure 4(C)(2)(C)(Ii) - Defendant's Failure To Return Acknowledgment Of Service By Mail Mandates Personal Service, Which Must Be Made Within 120 Days Of Filing The Complaint, Leigh Christy Schaller
Villanova Law Review
No abstract provided.
Civil Procedure - Statute Of Limitations - Federal Application Of State Law - Fraudulent Concealment And Its Effect On The Statute Of Limitations, Michael F. Brown
Civil Procedure - Statute Of Limitations - Federal Application Of State Law - Fraudulent Concealment And Its Effect On The Statute Of Limitations, Michael F. Brown
Villanova Law Review
No abstract provided.
The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York
The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York
Touro Law Review
No abstract provided.