Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Brigham Young University Law School (7)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- University of Richmond (3)
- Mercer University School of Law (2)
- Villanova University Charles Widger School of Law (2)
-
- American University Washington College of Law (1)
- Maurer School of Law: Indiana University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University at Buffalo School of Law (1)
- University of Michigan Law School (1)
- University of Washington School of Law (1)
- Vanderbilt University Law School (1)
- West Virginia University (1)
- Keyword
-
- Negligence (2)
- 28 U.S.C sec. 1367 (1)
- Annual Survey of Virginia Law (1)
- Award (1)
- Bennis v. Michigan (1)
-
- Bulala v. Boyd (1)
- Calero-Toledo v. Pearson Yacht Leasing Co. (1)
- Chapman v. City of Virginia Beach (1)
- Cherry v. DS Nash Construction Co. (1)
- Citizen suits (Civil procedure) (1)
- Civil law (1)
- Class actions (1)
- Coleman v. Hogan (1)
- Constitution (1)
- Constitutional law (1)
- Continuous treatment doctrine (1)
- Criminal law (1)
- Deterrence (1)
- Dickerson v. Fatehi (1)
- Discrimination (1)
- Edmonton v. Leesville Concrete Co. (1)
- Equal Access to Justice Act (1)
- Ex post facto (1)
- Excusable neglect (1)
- Fairfax Hospital System v. Nevitt (1)
- Falcone v. IRS (1)
- Federal (1)
- Federal Rules of Civil Procedure (1)
- Federal Supplemental-Jurisdiction Statute (1)
- Federal jurisdiction (1)
Articles 1 - 25 of 25
Full-Text Articles in Law
In Search Of Truth: A Case For Expanding Perjury's Recantation Defense, Peter M. Agulnick
In Search Of Truth: A Case For Expanding Perjury's Recantation Defense, Peter M. Agulnick
West Virginia Law Review
No abstract provided.
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter
BYU Law Review
No abstract provided.
No More Excuses: Refusing To Condone Mere Carelessness Or Negligence Under The "Excusable Neglect" Standard In Federal Rule Of Civil Procedure 60(B)(1), Bree W. Weathersbee
No More Excuses: Refusing To Condone Mere Carelessness Or Negligence Under The "Excusable Neglect" Standard In Federal Rule Of Civil Procedure 60(B)(1), Bree W. Weathersbee
Vanderbilt Law Review
Rule 60(b)' is an attempt to codify the equitable, common law practice of reforming judgments under special circumstances. The rule, inter alia, authorizes a court to relieve a party from a default judgment for "excusable neglect." This standard, however, is not defined in the rules, and courts have struggled with its meaning. Some circuits define the term liberally and often grant requests to vacate default judgments. Others adopt a strict interpretation and consistently refuse to vacate default judgments resulting from mere carelessness or negligence. Recently, in Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, the Supreme Court clarified the …
Proposed Arkansas Model Fraud Jury Instructions (Unofficial Working Draft), Charles D. Harrison, Roger D. Rowe, William A. Waddell Jr.
Proposed Arkansas Model Fraud Jury Instructions (Unofficial Working Draft), Charles D. Harrison, Roger D. Rowe, William A. Waddell Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Proposed Arkansas Model Contract Jury Instructions (Unofficial Preliminary Draft For Comments), William A. Waddell Jr., Matthew Horan, Stanley Rauls, Steven Rowell
Proposed Arkansas Model Contract Jury Instructions (Unofficial Preliminary Draft For Comments), William A. Waddell Jr., Matthew Horan, Stanley Rauls, Steven Rowell
University of Arkansas at Little Rock Law Review
No abstract provided.
Expert Opinion Pleading: Any Merit To Special Certificates Of Merit?, Jeffrey A. Parness
Expert Opinion Pleading: Any Merit To Special Certificates Of Merit?, Jeffrey A. Parness
BYU 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.
Awarding Attorney's Fees To Pro Se Litigants Under Rule 11, Jeremy D. Spector
Awarding Attorney's Fees To Pro Se Litigants Under Rule 11, Jeremy D. Spector
Michigan Law Review
Among the myriad rules and statutes designed to curb litigation abuse, Rule 11 of the Federal Rules of Civil Procedure ("FRCP") is "the most widely used and most controversial of the sanctions rules." The increased use of Rule ll during the last fifteen years and the recent proliferation of fee-shifting provisions in federal statutes4 have led to an onslaught of motions for attorney's fees in the federal district courts. Simultaneously, these courts are seeing an increasing number of pro se litigants appear before them. The confluence of these two trends has produced the seemingly paradoxical result of pro se parties …
Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook
Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook
BYU Law Review
No abstract provided.
A Misapplication Of Daubert: Compton V. Subaru Of America Opens The Gate For Unreliable And Irrelevant Expert Testimony, Jonathan R. Schofield
A Misapplication Of Daubert: Compton V. Subaru Of America Opens The Gate For Unreliable And Irrelevant Expert Testimony, Jonathan R. Schofield
BYU Law Review
No abstract provided.
Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom
Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom
BYU Law Review
No abstract provided.
United States V. Ursery: The Long Arm Of The Law Gets Reattached, Brian C. Max
United States V. Ursery: The Long Arm Of The Law Gets Reattached, Brian C. Max
Mercer Law Review
In United States v. Ursery, the United States Supreme Court evaluated the constitutionality of in rem civil forfeitures when they are used with criminal proceedings in relation to a single act. Ursery was a consolidation of two cases, United States v. Ursery and United States v. $405,089.23 United States Currency, from the Sixth and Ninth Circuit Courts of Appeals, respectively.
Sheldon V. Fettig: Interpreting The Substitute Service Of Process Statute In Washington, Dana Richardson
Sheldon V. Fettig: Interpreting The Substitute Service Of Process Statute In Washington, Dana Richardson
Washington Law Review
In Sheldon v. Fettig, the Washington Supreme Court announced a new rule for interpreting Washington's substitute service of process statute. This new rule calls for a liberal reading of the substitute service of process statute to better effect its legislative purpose, thus overruling the line of cases calling for strict construction of the substitute service of process statute. This Note analyzes the basis of the former rule, the Sheldon rule, and the Sheldon dissent's proposed rule. It concludes that the former rule of interpretation should be retained because it preserves canons of strict construction and better protects defendants' due …
Pleading And Proof: The Economics Of Legal Burdens, Thomas R. Lee
Pleading And Proof: The Economics Of Legal Burdens, Thomas R. Lee
BYU Law Review
Courts have traditionally assigned burdens of pleading and burdens of proof by mechanically applying any of a number of meaningless "tests." Conventional doctrine assigns these burdens to the party to whose case the issue in question is "essential," or to the party who must establish the "affirmative proposition." Neither of these tests provides a coherent methodology for making such allocations. The first is circular-an issue is "essential" by virtue of the fact that the party has been assigned the burden. The latter is unworkable; it depends on accidents of syntax and may be easily manipulated. This Article attempts to fill …
Putting The Halper Genie Back In The Bottle: Examining United States U. Ursery In Light Of Halper, Austin, And Kurth Ranch, Sarah Jean Watterson
Putting The Halper Genie Back In The Bottle: Examining United States U. Ursery In Light Of Halper, Austin, And Kurth Ranch, Sarah Jean Watterson
BYU Law Review
No abstract provided.
Bennett V. Plenert: The Ninth Circuit's Application Of The Zone Of Interests Test To Citizen Suits Under The Endangered Species Act, Alyssa Wardrup
Bennett V. Plenert: The Ninth Circuit's Application Of The Zone Of Interests Test To Citizen Suits Under The Endangered Species Act, Alyssa Wardrup
Mercer Law Review
The Ninth Circuit, in Bennett v. Plenert, ruled that plaintiffs' economic injury did not satisfy the requirements for standing under the citizen-suit provision of the Endangered Species Act ("ESA"). The Ninth Circuit imposed the zone of interests test in addition to Article III standing requirements. Under the ESA's citizen-suit provision, the zone of interests test means that plaintiffs must assert "an interest in the preservation of endangered species" to have standing. Plaintiffs appealed the Ninth Circuit's decision, and the Supreme Court has granted certiorari. The Court will likely resolve a division among the circuits in applying or not applying …
Tolling The Statute Of Limitations For Survivors Of Domestic Violence Who Wish To Recover Civil Damages Against Their Abusers, Lisa Napoli
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
Introduction (A Reappraisal Of The Supplemental-Jurisdiction Statute: Title 28 U.S.C Sec. 1387, Symposium), Gene R. Shreve
Introduction (A Reappraisal Of The Supplemental-Jurisdiction Statute: Title 28 U.S.C Sec. 1387, Symposium), Gene R. Shreve
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C sec. 1387.
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
The Continuous Representation Doctrine: Must You Sue Your Lawyer While She Still Represents You, Timothy O. Dudley
The Continuous Representation Doctrine: Must You Sue Your Lawyer While She Still Represents You, Timothy O. Dudley
University of Arkansas at Little Rock Law Review
No abstract provided.
If The International Shoe Fits, Wear It: Applying Traditional Personal Jurisdiction Analysis To Cyberspace In Compuserve, Inc. V. Patterson, Daniel V. Logue
If The International Shoe Fits, Wear It: Applying Traditional Personal Jurisdiction Analysis To Cyberspace In Compuserve, Inc. V. Patterson, Daniel V. Logue
Villanova Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Rcra And The Recovery Of Past Clean-Up Costs: Meghrig V. Kfc Western, Inc., Timothy J. Sullivan
Rcra And The Recovery Of Past Clean-Up Costs: Meghrig V. Kfc Western, Inc., Timothy J. Sullivan
Villanova Environmental Law Journal
No abstract provided.
The Innocent Owner Defense To Civil Forfeiture Proceedings, Peter David Houtz
The Innocent Owner Defense To Civil Forfeiture Proceedings, Peter David Houtz
University of Richmond Law Review
The Constitution of the United States prohibits the deprivation of "life, liberty, or property, without due process of law." The Constitution also expressly states that private property may not be "taken" by the government without "just compensation." Seizures and forfeitures of personal and real property without notification or hearing and without compensation have, however, become a powerful tool used by the government to deter crime.
Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper
Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper
University of Richmond Law Review
Virginia courts and the General Assembly have effected several changes in civil practice and procedure during the past year. This article focuses on some significant developments and interests to the general litigation attorney.