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Civil Procedure

Journal

1997

Institution
Keyword
Publication

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 Dec 1997

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 Nov 1997

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 Nov 1997

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. Oct 1997

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 Oct 1997

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 Sep 1997

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 Jun 1997

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 Jun 1997

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 May 1997

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 May 1997

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 May 1997

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 May 1997

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 Apr 1997

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 Mar 1997

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 Mar 1997

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 Mar 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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.