Law Commons^™

Manipulating Forum Jurisdiction And Generating A Law Of Employee Free Speech, Ivan C. Rutledge

Mercer Law Review

The National Labor Relations Act contains protection of employee solicitation, handbilling, and choice of representatives that the first and fourteenth amendments do not vouchsafe to other members of society. This essay is written to review the development of this thesis and to argue that the United States Supreme Court has fashioned a regime of forum jurisdiction surrounding employees' rights to speak and print that is both unique and exquisitely complex. Two patterns of allocating jurisdiction, both subsumed under the fuzzy expression "federal pre-emption," engender the complexity. This article will first review the Court's precedents before the Taft-Hartley Act in 1947, …

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.

Kentucky Law Survey: Civil Procedure, John R. Leathers, Roxane M. Tomasi, Jeffrey B. Hunt

Kentucky Law Journal

No abstract provided.

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.

Estoppel And The Public Purse: A New Check On Government Taxing And Spending Powers In Florida, David K. Miller

Florida State University Law Review

No abstract provided.

The Eec Convention On Jurisdiction And Enforcement Of Civil And Commercial Judgments, Elizabeth Freeman

Northwestern Journal of International Law & Business

As the result of a Protocol to the EEC Convention on Jurisdiction and Enforcement of Civil and Commercial Judgments, the European Court of Justice was express given jurisdiction to interpret the Convention's provisions. The European Court, in interpreting the Convention, has adopted Community solutions and common Community law definitions. In addition, the European Court has narrowly construed exceptions to the Convention's basic principles. The Court has also attempted to guarantee equality of treatment. In this article, Mrs. Freeman examines the European Court's application of these principles in light of the Convention's purpose and structure.

Federal Jurisdiction Of Alleged Torturer Under The Alien Tort Statute: Filartiga V. Pena-Irala 630 F.2d 876 (2d Cir. 1980), Roy R. Loya

Maryland Journal of International Law

No abstract provided.

Federal Courts And Procedure, Various Editors

Villanova Law Review

No abstract provided.

Discovery - First And Fifth Amendment Privileges - District Court Should Balance Threatened Harm To Constitutional Rights Against Requesting Party's Need For Relevant Information In Deciding Whether To Order Civil Discovery Of Information Privileged Under The First And Fifth Amendments, Ganesh Bala

Villanova Law Review

No abstract provided.

Current Controversies Concerning Witness Immunity In The Federal Courts, Jane Duffy

Villanova Law Review

No abstract provided.

United States V. Mandel: The Mail Fraud And En Banc Procedural Issues

Maryland Law Review

No abstract provided.

When Cops Are Robbers-Municipal Liability For Police Misconduct Under Section 1983 And Bivens, Brenda D. Crocker

University of Richmond Law Review

Municipalities faced with rising crime rates, tighter budgets and an increasingly vocal populace often are pressed to make policy decisions which sacrifice important interests. When fiscal considerations predominate, there arises the danger that local police departments will be unable to fulfill their duty to ensure order in society without disturbing citizens' enjoyment of their civil rights. Until recently, improperly trained, supervised or disciplined police of- ficers merely subjected municipalities to embarrassment. However, with increasing success, citizens are arguing that they should be awarded damages against the municipality in every case where their civil rights have been deprived through police misconduct. …

Counter Revolution In The Federal Courts Of Appeal - The Aftermath Of Vermont Yankee, Jon A. Mueller

University of Richmond Law Review

In recent years, there has been growing judicial concern about the fairness of action by administrative agencies and the ability of courts to effectively review this action. This concern stems from the increased use of informal procedures by agencies promulgating rules or orders, to accomplish the congressional objectives set out in their substantive statutes. In response, certain federal courts of appeal have begun to impose upon these agencies more procedural safeguards than are required by either the Administrative Procedure Act (APA) or substantive statutes. These judicially imposed safeguards are more commonly known as hybrid procedures.

Non-Jury Trial Of Civil Litigation: Justifying A Complexity Exception To The Seventh Amendment, Barrett E. Pope

University of Richmond Law Review

The seventh amendment to the United States Constitution states that "[i]n Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved."' When Congress enacted the Federal Rules of Civil Procedure, the right to jury trial at common law remained undisturbed.

The Virginia Judicial Council's Intermediate Appellate Court Proposal, Martha B. Brissette

University of Richmond Law Review

The ever-expanding volume of appellate litigation in Virginia has engendered a crisis in appellate justice in this state which can be adequately addressed only by the creation of an intermediate appellate court. Not only is Virginia the most populous state without such an intermediate court, its highest court also has the largest caseload of any single state appellate court.

Civil Procedure–Quasi-In-Rem Jurisdiction–Attachment Of Insurer's Obligation To Nonresident Defendant (Seider Rule) Unconstitutional, Mary L. Harmon

University of Arkansas at Little Rock Law Review

No abstract provided.

Deposit Guaranty National Bank V. Roper And U.S. Parole Commission V. Geraghty: Solution For Or Confusion Of Class Action M Ootness?

Washington and Lee Law Review

No abstract provided.

Mandatory Intervention: Expansion Of Collateral Estoppel In Favor Of Single Defendants Against Multiple Plaintiffs In Federal Civil Litigation, 14 J. Marshall L. Rev. 441 (1981), Michael C. Sachs

UIC Law Review

No abstract provided.

The Constitutionality Of Special Interrogatories Under The Illinois Civil Practice Act, 14 J. Marshall L. Rev.761 (1981), Joseph F. Vosicky Jr.

UIC Law Review

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 …

The Significance Of The Signature: A Comment On The Obligations Imposed By Civil Rule 11, J. Patrick Browne

Cleveland State Law Review

Why does Civil Rule 11 require the signature and signature block? The signature block is intended to provide the information needed for the implementation of Rule 5. That rule requires the service of pleadings, motions or other papers on the attorneys for all parties represented by attorneys, and on the parties personally if they are not so represented. The signature block simply provides information with respect to the place where such service may be made. The signature itself, however, is of greater import, and it is the significance of the signature that we shall discuss in the following pages

Civil Procedure - Federal Rules Of Civil Procedure - Scope Of Rule 3 - Tolling The Statute Of Limitations - Conflict Between Rule 3 And State Tolling Statute, Pamela J. Zepka

Duquesne Law Review

The United States Supreme Court has determined that in a federal diversity action, Rule 3 of the Federal Rules of Civil Procedure is not broad enough to displace an integral state tolling provision for purposes of tolling the state statute of limitations.

Walker v. Armco Steel Corp., 446 U.S. 740 (1980).

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.

Dual Nationality, Dominant Nationality And Federal Diversity Jurisdiction

Washington and Lee Law Review

No abstract provided.

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 …