Law Commons^™

Nixon V. Fitzgerald, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Harlow V. Fitzgerald, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Northern Pipeline Construction Co. V. Marathon Pipe Line Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.

Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary

Scholarly Works

This survey covers only a handful of the hundreds of decisions rendered last year by the Georgia appellate courts on points of trial practice and procedure. Those decisions selected were chosen because they resolved significant new issues or illustrated important principles of civil procedure. Using the format established in the past, the survey begins with cases dealing with personal jurisdiction, subject-matter jurisdiction, and venue, followed by cases concerned with the Civil Practice Act arranged under each section in numerical order.

Piper Aircraft V. Reyno, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Civil Procedure: Commentary, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

The Party Status Of Absent Plaintiff Class Members: Vulnerability To Counterclaims, Joan E. Steinman

All Faculty Scholarship

No abstract provided.

Restating Territorial Jurisdiction And Venue For State And Federal Courts, Kevin M. Clermont

Cornell Law Faculty Publications

"Jurisdiction must become venue," concluded Professor Albert A. Ehrenzweig. Perhaps it should. More certain is the proposition that comprehending jurisdiction requires mastering its relationship with venue. Such conclusions lie at some distance, however, bringing to mind that every journey must begin with a single step. A solid first step takes me to the subject of this Symposium, the Restatement (Second) of Judgments. This, put simply, is a masterful work. Even while still in tentative drafts, it proved an invaluable aid to judge, practitioner, teacher, and student. Yet in a work of such scope, anyone could find grounds for differing. …

Student Practice In Colorado, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

Both the University of Denver College of Law and the University of Colorado Law School have active student law clinics. Law students in these clinics receive academic credit for representing indigent clients under the supervision of a faculty member or staff attorney. Students in the two clinics are permitted to practice in the Colorado courts pursuant to one of the nation's most liberal student practice rules.

Paradoxes, Gedanken Experiments And The Burden Of Proof: A Response To Dr. Cohen's Reply, David H. Kaye

Journal Articles

This article responds to L. Jonathan Cohen's critique of the author's position regarding the problem of naked statistical evidence. Cohen argues that the kind of probability at work in litigation does not conform to the axioms of mathematical probability. The author responds by suggesting that the familiar theory of probability needs no revision to account for the reluctance of a few courts to permit plaintiffs to prevail on the strength of background statistics alone. One need not adopt Dr. Cohen's esoteric mathematical structure to explain the burden of proof in civil cases. The article shows that whether or not one …

Civil Procedure In The Seventh Circuit: A Harmonious Balance Of Competing Interests, 57 Chi.-Kent L. Rev. 97 (1981), Michael L. Closen, Robert G. Johnston

UIC Law Open Access Faculty Scholarship

No abstract provided.

Communicating With Juries: Problems And Remedies, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Voir Dire In Kentucky: An Empirical Study Of Voir Dire In Kentucky Circuit Courts, William H. Fortune

Law Faculty Scholarly Articles

Voir dire is the stage of a jury trial at which prospective jurors are questioned under oath by court or counsel to determine their suitability as jurors in the case to be tried. Kentucky's high court has repeatedly recognized the importance of voir dire to the exercise of for-cause and peremptory challenges.

The trial judge's wide discretion in voir dire, however, necessarily makes a review of appellate decisions of minimal assistance in ascertaining what actually occurs during this important phase of a jury trial. Published opinions provide little guidance in this area; information about voir dire must come from a …

Interviewing The Child, Donald N. Duquette, Janet Stubbs

Book Chapters

The attorney representing a child needs to gather considerable information about his client. He needs to know the nature of the child's home environment, his present placement, his condition and adaptation to placement if the child is out of the home, his reasonable preferences for placement. He needs to know the age of the child, the child's capabilities and limitations, the number of siblings, the make-up of the family, the circumstances which led to removal, the legal and social alternatives available to the child and his family.

The Federal Rules Of Evidence: Six Years After, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The Federal Rules of Evidence have been in effect since 1975. Six years of experience is not much time in which to assess such a complex and important body of law. Nevertheless, there is now some "evidence" of the impact of the Federal Rules on the various states and circuits.

The Rules do seem to have proved successful enough to stimulate widespread imitation. Approximately half the states in the United States have or will very shortly have evidence codes patterned substantially on the Rules, even down to their numbers. Many of the remaining states (e.g., Iowa, Illinois, and Pennsylvania) have …