Law Commons^™

United States V. Doe, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.

Helicoptieros Nationales De Colombia, S.A. V. Hall, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Seattle Times, Co. V. Rhinehart, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Calder V. Jones, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Surveying Work Product, Kevin M. Clermont

Cornell Law Faculty Publications

Work product is the legal doctrine that central casting would send over. First, it boasts profundities, arising as it does from the colliding thrusts of our discovery and trial processes and from conflicting currents in our modified adversary system. Second, it will surface frequently, because the protected materials are commonly created by each side but uncommonly useful to the opponent. Third, it has generated a small mountain of lower-court case law, with the foothills forming a labyrinth of rules and wrinkles. In short, work product has for a couple of generations dramatically bewitched academics, bothered practitioners, and bewildered students.

Significant …

Civil Procedure: A Review Of The Published Opinions Of The United States Court Of Appeals For The Seventh Circuit For The 1981-82 Term, 59 Chi.-Kent L. Rev. 475 (1983), Edward B. Arnolds, Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

Civil Procedure In The Class Action Mode, 19 Wake Forest L. Rev. 401 (1983), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

There is a growing movement in the federal courts to redress the grievances of groups, rather than individuals. This movement has resulted in an increasing number of class action suits which has necessitated the emergence of two parallel sets of procedural rules; one for class actions and the other for the traditional, individual suit.

A look at class action procedure as a whole discloses a host of peculiar procedural consequences that occur when adversaries enter into class action litigation. The rules differ from those in non-class actions in such areas as mootness, standing, exhaustion of administrative remedies, subject matter jurisdiction, …

Reducing Court Costs And Delay: The Potential Impact Of The Proposed Amendments To The Federal Rules Of Civil Procedure, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Myth And Reality In Protective Order Litigation, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Fraudulent Concealment In Federal Court: Toward A More Disparate Standard?, Richard L. Marcus

Faculty Scholarship

No abstract provided.

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

Scholarly Works

The most significant developments in trial practice and procedure during the survey period occurred in the legislative rather than in the judicial arena. The General Assembly added a "domestic relations" section to the Georgia long arm statute and enacted other legislation to implement some of the changes in the court system brought about by the new Georgia Constitution, which became effective on July 1, 1983. These legislative changes, along with selected Georgia appellate court decisions, will be discussed starting with the topics of subject matter and personal jurisdiction and venue. This discussion will be followed by an analysis of cases …

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Law Faculty Scholarly Articles

Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …

Discovery Of Nonparties' Tangible Things Under The Federal Rules Of Civil Procedure, Sarah N. Welling

Law Faculty Scholarly Articles

Federal Rules of Civil Procedure 26 through 37 describe procedures for pretrial discovery. While one may employ all the methods of discovery against parties, discovery methods for nonparties are much more limited. For example, with the exception of the independent action under subdivision (c), the procedures detailed in Federal Rule 34 regarding production of tangible things do not apply to nonparties. Frequently, though, a litigant must discover tangible things in the possession, custody, or control of a nonparty. Although the federal rules do provide alternative methods for the discovery of nonparties' things, the whole discovery scheme for nonparties is rather …

Sanctions In The Proposed Amendments To The Federal Rules Of Civil Procedure: Some Questions About Power, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler

Articles & Chapters

Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems.

The Silent Revolution, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.