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Articles 1 - 30 of 42
Full-Text Articles in Law
Summary Judgment Before The Completion Of Discovery: A Proposed Revision Of Federal Rule Of Civil Procedure 56(F), John F. Lapham
Summary Judgment Before The Completion Of Discovery: A Proposed Revision Of Federal Rule Of Civil Procedure 56(F), John F. Lapham
University of Michigan Journal of Law Reform
Part I of this Note discusses the purpose of summary judgment in a regime of notice pleading. Part II examines how the federal courts have interpreted and applied rule 56(f). Part III suggests that rule 56(f) be modified to require a more significant factual showing before a court may grant a continuance for further discovery. In addition, Part III examines the policy considerations that support a more stringent rule. Finally, Part IV provides a hypothetical example illustrating the benefits of this proposal.
Rule 11(A) Of The North Carolina Rules Of Civil Procedure: Turner V. Duke University, The New Standards Of Judicial Review, Jennifer Umbaugh
Rule 11(A) Of The North Carolina Rules Of Civil Procedure: Turner V. Duke University, The New Standards Of Judicial Review, Jennifer Umbaugh
North Carolina Central Law Review
No abstract provided.
Understanding Civil Procedure, By Gene R. Shreve And Peter Raven-Hansen, William M. Richman
Understanding Civil Procedure, By Gene R. Shreve And Peter Raven-Hansen, William M. Richman
Indiana Law Journal
No abstract provided.
"Inherent Power" And Rule 16, How Far Can A Federal Court Push The Litigant Toward Settlement?, David A. Rammelt
"Inherent Power" And Rule 16, How Far Can A Federal Court Push The Litigant Toward Settlement?, David A. Rammelt
Indiana Law Journal
No abstract provided.
Factual Frivolity: Sanctioning Clients Under Rule 11—Business Guides, Inc. V. Chromatic Communications Enterprises, 892 F.2d 802 (9th Cir. 1989), Cert. Granted, 110 S. Ct. 3235 (1990), Peter Ramels
Washington Law Review
In Business Guides, Inc v. Chromatic Communications Enterprises, the Ninth Circuit held that clients can be sanctioned under Federal Rule of Civil Procedure 11, if they fail to make an objectively reasonable inquiry to ensure that documents submitted to a court are well grounded in fact. In this case, the Ninth Circuit rejected the subjective good faith standard adopted by the Second Circuit, which held in Calloway v. Marvel Entertainment Group, that clients can be sanctioned only if they knowingly submit claims that are not well grounded in fact. This Note approves of the Business Guides decision, but suggests that …
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Barker Brandt
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Barker Brandt
BYU Law Review
No abstract provided.
Stare Decisis Among And Within Florida's District Courts Of Appeal, Taylor Mattis
Stare Decisis Among And Within Florida's District Courts Of Appeal, Taylor Mattis
Florida State University Law Review
No abstract provided.
Attorney's Fees Under The Surface Mining Control And Reclamation Act Of 1977: A Primer, E. Ann Compton Keel
Attorney's Fees Under The Surface Mining Control And Reclamation Act Of 1977: A Primer, E. Ann Compton Keel
West Virginia Law Review
No abstract provided.
Presumed Frivolous: Application Of Stringent Pleading Requirements In Civil Rights Litigation, Douglas A. Blaze
Presumed Frivolous: Application Of Stringent Pleading Requirements In Civil Rights Litigation, Douglas A. Blaze
William & Mary Law Review
No abstract provided.
Florida's Partial Final Judgment Rule: Problems And Solutions, Kent R. Putnam
Florida's Partial Final Judgment Rule: Problems And Solutions, Kent R. Putnam
Florida State University Law Review
Florida's partial final judgment rule creates uncertainty for attorneys and their clients. The author of this Article proposes solutions ranging from changes in terminology to amendments to the rule.
In Re Rules Of Civil Procedure, Rule 1.442 (Offer Of Judgment), 550 So. 2d 442 (Fla. 1989), Roseanna J. Lee
In Re Rules Of Civil Procedure, Rule 1.442 (Offer Of Judgment), 550 So. 2d 442 (Fla. 1989), Roseanna J. Lee
Florida State University Law Review
No abstract provided.
Crossing The Line Between Rough Remedial Justice And Prohibited Punishment: Civil Penalty Violates The Double Jeopardy Clause—United States V. Halper, 109 S. Ct. 1892 (1989), Lynn C. Hall
Washington Law Review
Historically, the constitutional guarantee against double jeopardy has been triggered primarily in criminal prosecutions. It has not encompassed civil monetary penalties. In United States v. Halper, the Supreme Court expanded double jeopardy protection. The Court held that government imposition of a civil monetary penalty on a defendant who has been criminally convicted for the same offense is punishment to the extent that the penalty clearly exceeds compensation. The punitive portion of the civil penalty, according to the Court, is multiple punishment prohibited by the Double Jeopardy Clause. This Note examines Halper and its effect on legislatures, prosecutors, and courts. The …
An Un-Fortune-Ate Decision: The Aftermath Of The Supreme Court's Eradication Of The Relation-Back Doctrine, Lawrence A. Epter
An Un-Fortune-Ate Decision: The Aftermath Of The Supreme Court's Eradication Of The Relation-Back Doctrine, Lawrence A. Epter
Florida State University Law Review
In Schiavone v. Fortune, the United States Supreme Court held that the "period provided by law for commencing the action" language of the Federal Rule of Civil Procedure 15(c) includes the statutory limitation period, but not the time allowed for service of process. After demonstrating that this interpretation of Rule 15(c) is unreasonable, the author of this Article examines the various ways that federal courts have dealt with the decision. In light of the confusion and inequities which have resulted, the author suggests two ways of effecting a more just and sensible reading of Rule 15(c).
Strandell V. Jackson County And G. Heileman Brewing Co. V. Joseph Oat Corp.: The Failure Of The Seventh Circuit Court Of Appeals To Narrow The Interpretation Of Rule 16 And Limit The Inherent Power Doctrine, Farol Parco
Brigham Young University Journal of Public Law
No abstract provided.
Ii. Civil & Criminal Procedure
Observations On Recent Efforts To Deter Frivolous Papers In The Illinois Circuit Courts, Jeffrey A. Parness
Observations On Recent Efforts To Deter Frivolous Papers In The Illinois Circuit Courts, Jeffrey A. Parness
Loyola University Chicago Law Journal
No abstract provided.
Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki
Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki
Loyola University Chicago Law Journal
No abstract provided.
Civil Procedure, Jack Joseph, Janice Duban
Civil Procedure, Jack Joseph, Janice Duban
Loyola University Chicago Law Journal
No abstract provided.
The Vagaries Of Rule 103(B), Robert G. Johnston, Iain D. Johnston
The Vagaries Of Rule 103(B), Robert G. Johnston, Iain D. Johnston
Loyola University Chicago Law Journal
No abstract provided.
The Specificity Of Pleading In Modern Civil Practice: Addressing Common Misconceptions, Ian James Wilson, William Louis Payne
The Specificity Of Pleading In Modern Civil Practice: Addressing Common Misconceptions, Ian James Wilson, William Louis Payne
University of Richmond Law Review
The pleading procedure serves as the foundation for the entire legal process. Pleadings focus the issues, narrow the evidence admissible at trial, apprise the adverse party and the court of the matter in dispute, and provide the extent of the res judicata effect of the judgment. To secure the foundation and to effectuate the purposes of the pleading procedure, it is imperative that the pleading set forth sufficient allegations. The standard for determining the sufficiency of the allegations is referred to as the specificity requirement and serves as the focus of this Note.
The Revolution In Preliminary Injunctions Against Patent Infringement, 24 J. Marshall L. Rev. 225 (1990), Thomas L. Creel, Donna M. Praiss
The Revolution In Preliminary Injunctions Against Patent Infringement, 24 J. Marshall L. Rev. 225 (1990), Thomas L. Creel, Donna M. Praiss
UIC Law Review
No abstract provided.
Case Comment, Jeffry B. Gordon
Case Comment, Jeffry B. Gordon
Vanderbilt Journal of Transnational Law
This Case Comment discusses the ability of a United States plaintiff to serve process pursuant to the Hague Service Convention on a defendant residing in Japan. The United States Court of Appeals for the Eighth Circuit held that the Convention generally prohibits service on foreign defendants by registered mail. This Case Comment discusses the history of the case, the objectives of the Convention, the law of service of process in Japan, and United States law of service of process on foreign parties under the Federal Rules of Civil Procedure. The author then discusses United States common law interpreting article 10(a) …
G. Heilman Brewing Co., Inc. V. Joseph Oat Corp.: The Seventh Circuit Approves The Exercise Of Inherent Authority To Increase A District Judge's Pre-Trial Authority Under Rule 16, 23 J. Marshall L. Rev. 517 (1990), Bradley Adas
UIC Law Review
No abstract provided.
Should Trial By Jury Be Eliminated In Complex Cases, Hugh H. Bownes
Should Trial By Jury Be Eliminated In Complex Cases, Hugh H. Bownes
RISK: Health, Safety & Environment (1990-2002)
One way in which the public participates in the management of Risk is as jurors. Here, the function of juries in civil litigation is discussed and the argument is made that problems with juries in complex cases may be solved by means short of eliminating juries altogether.
Sanctions For Frivolous Litigation Take Hold In New York, Barbara A. Schaus
Sanctions For Frivolous Litigation Take Hold In New York, Barbara A. Schaus
Buffalo Law Review
No abstract provided.
Diminskis V. Chicago Transit Authority: Circumventing Expert Witness Discovery, Adrian M. Vuckovich
Diminskis V. Chicago Transit Authority: Circumventing Expert Witness Discovery, Adrian M. Vuckovich
Loyola University Chicago Law Journal
No abstract provided.
Civil Procedure Reform In Japan, Takeshi Kojima
Civil Procedure Reform In Japan, Takeshi Kojima
Michigan Journal of International Law
Delay in court has been a problem common in all eras, both ancient and modern, and to all systems of law, Western and Eastern alike. In Japan, however, the problem is arguably more acute. The average delay between filing and judgment for cases that require at least a minimum level of proof-taking or an evidentiary hearing is 27 months. This deplorable reality has recently led to renewed efforts to tackle the problem of delay in Japan. Two groups that have been particularly important in this effort are two local bar associations and the Tokyo and Osaka district courts. The First …
The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association
The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association
Touro Law Review
No abstract provided.
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Touro Law Review
No abstract provided.
Property Rights Of Unmarried Cohabitants In New York: Proposal For Legislative Action Towards A More Equitable Future, Helene Kulczycki
Property Rights Of Unmarried Cohabitants In New York: Proposal For Legislative Action Towards A More Equitable Future, Helene Kulczycki
Touro Law Review
No abstract provided.