Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UIC School of Law (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Villanova University Charles Widger School of Law (4)
- University of Oklahoma College of Law (3)
- West Virginia University (3)
-
- American University Washington College of Law (2)
- Mercer University School of Law (2)
- University of Richmond (2)
- University of Washington School of Law (2)
- Brigham Young University Law School (1)
- Florida State University College of Law (1)
- Loyola University Chicago, School of Law (1)
- Mitchell Hamline School of Law (1)
- North Carolina Central University School of Law (1)
- Northwestern Pritzker School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Michigan Law School (1)
- Keyword
-
- ADR (4)
- Civil Procedure (3)
- Oklahoma (3)
- Alien Tort Claims Act (2)
- Class certification (2)
-
- Democracy (2)
- Rule 23 (2)
- West Virginia (2)
- Act (1)
- Administration (1)
- Affordable Access to Health Care Act (1)
- Amendments (1)
- Annual survey 2004 (1)
- Atchley v. Hewes (1)
- Bazyler (Michael) (1)
- Blackhawk Oil Co. v. Exxon Corp. (1)
- Brown v. board (1)
- Civil (1)
- Civil litigation (1)
- Civil procedure (1)
- Civil rights (1)
- Claim construction (1)
- Class action (1)
- Class action certification (1)
- Class action litigation (1)
- Collateral estoppel--Minnesota (1)
- Confidential communications (1)
- Conspiracy (1)
- Contemporaneous objection (1)
- Contents (1)
- Publication
-
- Nevada Law Journal (4)
- UIC Law Review (4)
- Oklahoma Law Review (3)
- West Virginia Law Review (3)
- American University Law Review (2)
-
- Jeffrey S. Moorad Sports Law Journal (2)
- Mercer Law Review (2)
- University of Richmond Law Review (2)
- Villanova Law Review (2)
- Washington Law Review (2)
- BYU Law Review (1)
- Florida State University Journal of Transnational Law & Policy (1)
- Michigan Law Review (1)
- North Carolina Central Law Review (1)
- Northwestern Journal of International Law & Business (1)
- Public Interest Law Reporter (1)
- The Journal of Appellate Practice and Process (1)
- William Mitchell Law Review (1)
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
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
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
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
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
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
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.
Civil Practice And Procedure, John R. Walk
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
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
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
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
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
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
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
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
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
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
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
Prosecutorial Missed-Conduct, Patti Sudendorf
Public Interest Law Reporter
No abstract provided.
The Ethics Of Delaying Persecution, Lisa A. Dolak
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
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
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
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
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
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
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
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
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
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
Expert Witness Fees As A Recoverable Item Of Costs: Recent Litigation Trends, Paul M. Kolker
Oklahoma Law Review
No abstract provided.