Law Commons^™

National Farmers Union Insurance Cos. V. Crow Tribe Of Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Burger King Corp. V. Rudzewicz, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Phillips Petroleum Co. V. Shutts, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Proposed Amendment To Federal Rule Of Civil Procedure 68: Toughening The Sanctions, Julie M. Cheslik

Faculty Works

No abstract provided.

Two Cheers For The Ali Restatement's Provisions On Foreign Discovery, Douglas E. Rosenthal, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

The New Amendments To The Federal Rules Of Civil Procedure And Their Effect On Federal Court Practice In The Northern District, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

Toward A Constitutional Framework For The Control Of State Court Jurisdiction, Robert H. Abrams

Journal Publications

No abstract provided.

Collateral Estoppel - A Colorado Primer, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

Perhaps no legal doctrine has been the source of so much confusion and misunderstanding as collateral estoppel. This is unfortunate since issues involving collateral estoppel arise in a large number of cases, and when properly raised are often determinative of the entire case. For the practicing attorney, it is just as important to know how to defend against an adversary's use of collateral estoppel as it is to know when and how to raise this doctrine offensively.

Preliminary Injunctions: The Varying Standards, Arthur D. Wolf

Faculty Scholarship

The Author undertakes a survey in this Article which shows that the Supreme Court and the courts of appeals have not articulated or applied consistent criteria for preliminary injunctive relief. Their decisions have described a sinuous path through primary standards, alternative tests, and sliding scale variations. Part of the difficulty may be because the Supreme Court has not taken a firm hand in resolving conflicts between and among the circuits on critical issues involving interlocutory injunctions. In addition while the courts of appeals make reference to each others' opinions, they have not demonstrated a desire to achieve uniformity in their …

Personal Jurisdiction In Federal Question Suits: Toward A Unified And Rational Theory For Personal Jurisdiction Over Non-Domiciliary And Alien Defendants, Irene D. Johnson

Elisabeth Haub School of Law Faculty Publications

No coherent or cohesive procedure or theory has emerged either in regard to the entire question of personal jurisdiction in federal courts or in regard to federal question cases. The cases and courts are in disarray, both as to when a federal standard should apply to the question of amenability to service of process and as to what a federal standard might require. The purpose of this article is to examine the problem in the context of the various types of cases in which it might arise and to prescribe some consistent, sensible scheme of personal jurisdiction in federal question …

Motions To Enforce Settlements: An Important Procedural Tool, Jeffrey W. Stempel

Scholarly Works

No abstract provided.

A Special Pleading Rule For Civil Rights Complaints: A Step Forward Or A Step Back?, C. Keith Wingate

Faculty Scholarship

No abstract provided.

Discovery In Kentucky: An Overview, Richard H. Underwood

Law Faculty Scholarly Articles

Discovery receives short shrift in the law school curriculum. Although students are introduced to the subject in a first year course on Civil Procedure, the "bathtub effect" usually takes its toll by graduation day. That is, after the first year, the plug is pulled and the student's knowledge drains away. Moreover, it is difficult to teach discovery in third year programs on trial advocacy. Too much emphasis on discovery and pretrial would leave too little time for instruction on the mechanics of the actual trial. Even the experienced practitioner may not remember all the intricacies of discovery and may find …

Timing As Jurisdiction: Federal Civil Appeals In Context, Edward H. Cooper

Articles

The purpose of these few pages is to show that the calculus of appeal timing is inherently complex. If we are to continue the effort to capture the calculus in rules, the rules will be correspondingly complex. The complex rules will have some virtues; nonetheless, the rules also are likely to generate misunderstanding and may tend to produce undesirable results. It is very tempting to replace the rules with a flexible system that relies largely on discretion to determine the occasions for appeal before a truly final judgment. Whether a flexible system has now become appropriate depends on the same …

Pleading The Entrapment Defense: The Propriety Of Inconsistency, Michael H. Roffer

Articles & Chapters

No abstract provided.

The Work-Product Doctrine: Protection, Not Privilege, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

Although the work-product doctrine has received considerable attention before the courts in recent years, several issues regarding the scope and applicability of the doctrine remain controversial As a prelude to explaining the state of the law on these issues, the author examines the case law through which the doctrine developed and explores the doctrine's modern application through rule 26 of the Federal Rules of Civil Procedure. He next discusses the rule's various requirements and its treatment ofparticular categories of information including opinion work product andparty statements. Finally, Professor Cohn explains how the rule's protection may be waived and discusses the …

Book Review. Civil Procedure In Japan By Takaaki Hattori And Dan Fenno Henderson, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.