Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Civil Procedure

Journal

2004

Institution
Keyword
Publication

Articles 1 - 30 of 34

Full-Text Articles in Law

Look Before You Leap And Keep On Looking: Lessons From The Institutionalization Of Court-Connected Mediation, Bobbie Mcadoo, Nancy A. Welsh Dec 2004

Look Before You Leap And Keep On Looking: Lessons From The Institutionalization Of Court-Connected Mediation, Bobbie Mcadoo, Nancy A. Welsh

Nevada Law Journal

No abstract provided.


Trial Practice And Procedure, Jason L. Crawford, J. Clay Fuller, Dustin T. Brown, Kate S. Cook Dec 2004

Trial Practice And Procedure, Jason L. Crawford, J. Clay Fuller, Dustin T. Brown, Kate S. Cook

Mercer Law Review

During this survey period, the Georgia Supreme Court and Georgia Court of Appeals issued several noteworthy opinions on topics of interest to practitioners. This Article will address these judicial opinions that cover, among other topics, the issues of damages, immunity, the attorney-client relationship, indemnification, jurisdiction and venue, statutes of limitation, standing, and trial procedure. This Article will also address several developments in Georgia's statutory law impacting trial practice and procedure.


The Lawyer's Role(S) In Deliberative Democracy, Carrie Menkel-Meadow Dec 2004

The Lawyer's Role(S) In Deliberative Democracy, Carrie Menkel-Meadow

Nevada Law Journal

No abstract provided.


Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse Dec 2004

Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse

Nevada Law Journal

No abstract provided.


A Plumber Responds To The Philosophers: A Comment On Professor Menkel-Meadow's Essay On Deliberative Democracy, Philip J. Harter Dec 2004

A Plumber Responds To The Philosophers: A Comment On Professor Menkel-Meadow's Essay On Deliberative Democracy, Philip J. Harter

Nevada Law Journal

No abstract provided.


Appellate Practice And Procedure, Roland F. L. Hall Dec 2004

Appellate Practice And Procedure, Roland F. L. Hall

Mercer Law Review

This Article surveys noteworthy decisions addressing appellate practice and procedure handed down by the Georgia appellate courts. The reviewed decisions fall into the following categories: (1) appellate jurisdiction; (2) preserving the record; (3) notice of appeal; (4) timeliness of appeal; and (5) miscellaneous cases of interest. Although there were no dramatic developments during the survey period, the courts addressed several topics of interest to the practitioner, particularly in the areas of preserving issues for appeal and correctly drafting the notice of appeal.


Table Of Contents Nov 2004

Table Of Contents

University of Richmond Law Review

No abstract provided.


Civil Practice And Procedure, John R. Walk Nov 2004

Civil Practice And Procedure, John R. Walk

University of Richmond Law Review

No abstract provided.


The Law Of Unintended Consequences: Supreme Court Jurisdiction Over Interlocutory Class Certification Rulings, Scott E. Gant Oct 2004

The Law Of Unintended Consequences: Supreme Court Jurisdiction Over Interlocutory Class Certification Rulings, Scott E. Gant

The Journal of Appellate Practice and Process

No abstract provided.


Mcdaniel V. Mcbrayer: Reform Need For Rule 68 - The Pendulum Of Protection Is Swinging Unevenly, Ladonna Williams Oct 2004

Mcdaniel V. Mcbrayer: Reform Need For Rule 68 - The Pendulum Of Protection Is Swinging Unevenly, Ladonna Williams

North Carolina Central Law Review

No abstract provided.


Riner V. Newbraugh: The Role Of Mediator Testimony In The Enforcement Of Mediated Agreements, Joshua S. Rogers Sep 2004

Riner V. Newbraugh: The Role Of Mediator Testimony In The Enforcement Of Mediated Agreements, Joshua S. Rogers

West Virginia Law Review

No abstract provided.


The Good, The Bad, And The Ambiguous: Recent Developments In West Virginia's Class Action Jurisprudence, Brad Dorsey Sep 2004

The Good, The Bad, And The Ambiguous: Recent Developments In West Virginia's Class Action Jurisprudence, Brad Dorsey

West Virginia Law Review

No abstract provided.


First Things First: Federal Courts Should Determine The Legal Status Of Lloyd's Of London Syndicate Before Deciding The Syndicate's Citizenship For Diversity Purposes, John M. Brust Aug 2004

First Things First: Federal Courts Should Determine The Legal Status Of Lloyd's Of London Syndicate Before Deciding The Syndicate's Citizenship For Diversity Purposes, John M. Brust

Washington Law Review

Lloyd's of London provides a marketplace where groups of underwriters form syndicates to insure risk. The United States Circuit Courts of Appeals have split on the question of how to determine whether a federal court has diversity jurisdiction over a controversy involving Lloyd's syndicates. In a diversity action, each party must have diverse citizenship from all opposing parties. Circuit courts disagree about which diversity of citizenship test applies to suits involving Lloyd's syndicates. The Second, Third, and Sixth Circuits have applied the real party in interest test. This test looks only to the citizenship of the parties that have a …


Foster V. Carson: The Ninth Circuit Misapplies The Capable-Of-Retention-Yet-Evading-Review Exception To The Mootness Doctrine And Lends A Free Hand To Budget-Cutting State Officials, Joshua C. Gaul May 2004

Foster V. Carson: The Ninth Circuit Misapplies The Capable-Of-Retention-Yet-Evading-Review Exception To The Mootness Doctrine And Lends A Free Hand To Budget-Cutting State Officials, Joshua C. Gaul

Washington Law Review

In Foster v. Carson, public defender organizations and indigent defendants sued the chief justice of the Oregon Supreme Court for suspending appointments of indigent defense counsel. Before the parties could fully litigate the case, the chief justice reinstated appointments. Subsequently, the United States Court of Appeals for the Ninth Circuit dismissed the case as moot and held that the exception to the mootness doctrine for cases capable-of-repetition-yet-evading-review did not apply. A case falls under that exception when the party resisting mootness demonstrates that it was not possible to fully litigate the action before it ceased and there is a …


Justice For The Collective: The Limits Of The Human Rights Class Action, Paul R. Dubinsky May 2004

Justice For The Collective: The Limits Of The Human Rights Class Action, Paul R. Dubinsky

Michigan Law Review

The class action lawsuit is our grand procedural experiment in collective justice. As against the U.S. legal system's strong orientation toward individual rights rather than group rights, the class action is a countercurrent. Through Rule 23 of the Federal Rules of Civil Procedure, large numbers of previously unaffiliated individuals can proceed in federal court as a group, litigating through representatives. A recent form of this litigation, the human rights class action, takes this experiment to its far reaches. In the human rights class action, the tension between individual claimants and the group as a whole can be heightened. The class …


Closing Arguments In West Virginia: A Practitioner's Guide, Brian J. Headley Apr 2004

Closing Arguments In West Virginia: A Practitioner's Guide, Brian J. Headley

West Virginia Law Review

No abstract provided.


2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis Apr 2004

2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis

American University Law Review

No abstract provided.


A Proposed Solution To Jury Confusion In Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo Mar 2004

A Proposed Solution To Jury Confusion In Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo

BYU Law Review

No abstract provided.


Prosecutorial Missed-Conduct, Patti Sudendorf Jan 2004

Prosecutorial Missed-Conduct, Patti Sudendorf

Public Interest Law Reporter

No abstract provided.


The Ethics Of Delaying Persecution, Lisa A. Dolak Jan 2004

The Ethics Of Delaying Persecution, Lisa A. Dolak

American University Law Review

No abstract provided.


The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald Jan 2004

The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald

UIC Law Review

No abstract provided.


State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead Jan 2004

State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead

UIC Law Review

No abstract provided.


Avoidable Due Process Confusion: Special Use Hearings In Illinois After Klaeren, 38 J. Marshall L. Rev. 609 (2004), James C. Munson, Christi J. Guerrini Jan 2004

Avoidable Due Process Confusion: Special Use Hearings In Illinois After Klaeren, 38 J. Marshall L. Rev. 609 (2004), James C. Munson, Christi J. Guerrini

UIC Law Review

No abstract provided.


Establishing The Truth On Facts: Has The Chinese Civil Process Achieved This Goal?, Zhong Jianhua, Yu Guanghua Jan 2004

Establishing The Truth On Facts: Has The Chinese Civil Process Achieved This Goal?, Zhong Jianhua, Yu Guanghua

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Case Note: Civil Procedure—The Forest For The Trees: The Minnesota Supreme Court Considers The Collateral Estoppel Effect Of Criminal Convictions In Illinois Farmers Insurance Co. V. Reed, Charles Delbridge Jan 2004

Case Note: Civil Procedure—The Forest For The Trees: The Minnesota Supreme Court Considers The Collateral Estoppel Effect Of Criminal Convictions In Illinois Farmers Insurance Co. V. Reed, Charles Delbridge

William Mitchell Law Review

This Note first examines the goals and history of the doctrine of collateral estoppel, including the great changes the doctrine has undergone of late. It then examines the facts of the Reed case, details the procedural history of the case, and outlines the analysis of the courts in deciding the case. This Note then analyzes both the successes and the failures of the Minnesota Supreme Court in the Reed opinion. Finally, this Note concludes that the Reed decision is correct in its privity and due process analyses, but falls short by failing to clarify what collateral estoppel effect a criminal …


A Jurisdictional Nightmare: Determining When An Interdependent Copyright And Contract Claim Arises Under The Copyright Act In Scholastic Entertainment, Inc. V. Fox Entertainment Group, Inc., Christopher D. Birrer Jan 2004

A Jurisdictional Nightmare: Determining When An Interdependent Copyright And Contract Claim Arises Under The Copyright Act In Scholastic Entertainment, Inc. V. Fox Entertainment Group, Inc., Christopher D. Birrer

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Paradox Of The Misuse Of Administrative Law In Erisa Benefit Claims, 37 J. Marshall L. Rev. 727 (2004), Mark D. Debofsky Jan 2004

The Paradox Of The Misuse Of Administrative Law In Erisa Benefit Claims, 37 J. Marshall L. Rev. 727 (2004), Mark D. Debofsky

UIC Law Review

No abstract provided.


Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claims Act Liability, Lori Delaney Jan 2004

Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claims Act Liability, Lori Delaney

Northwestern Journal of International Law & Business

The Second and Ninth Circuit Courts have recently heard cases dealing with the application of the Alien Tort Claim Act (ATCA) against private, U.S. based multinational corporations (MNCs), and come to differing conclusions on the standards that should be used in applying this complicated law to suits by foreign nationals against U.S. based MNCs. The issue of private corporate liability under the ATCA was not definitively resolved by the Supreme Court in its recent decision in Sosa v. Alvarez-Machain , and thus the Circuits must continue to grapple with the application of the ATCA to U.S. based MNCs.

The Second …


Recent Developments In Oklahoma Class Action Law, Jim T. Priest, Michael R. Pacewicz Jan 2004

Recent Developments In Oklahoma Class Action Law, Jim T. Priest, Michael R. Pacewicz

Oklahoma Law Review

No abstract provided.


Expert Witness Fees As A Recoverable Item Of Costs: Recent Litigation Trends, Paul M. Kolker Jan 2004

Expert Witness Fees As A Recoverable Item Of Costs: Recent Litigation Trends, Paul M. Kolker

Oklahoma Law Review

No abstract provided.