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Articles 1 - 30 of 97
Full-Text Articles in Law
Appellate Practice And Procedure, Marion T. Pope Jr., Ann H. Kelley
Appellate Practice And Procedure, Marion T. Pope Jr., Ann H. Kelley
Mercer Law Review
Practitioners in Georgia's state appellate courts recognize that the most important step in the appellate process is to first ascertain the proper procedure to insure that their appeal is properly before the court, Because the statutory and decisional law governing appellate practice and procedure is not immutable, the appellate practitioner must consistently strive to stay abreast of the law in this area. With these thoughts in mind, this Article will survey selected opinions of Georgia's state appellate courts pertaining to appellate practice and procedure rendered during the period from June 1, 1988 to May 31, 1991. The Article will also …
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Articles
There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …
The Heileman Power: Well-Honed Tool Or Blunt Instrument?, Thomas A. Tozer
The Heileman Power: Well-Honed Tool Or Blunt Instrument?, Thomas A. Tozer
Indiana Law Journal
No abstract provided.
Injunctive Relief And Section 1985(3): Anti-Abortion Blockaders Meet The "Ku Klux Klan Act", Bruce Brown
Injunctive Relief And Section 1985(3): Anti-Abortion Blockaders Meet The "Ku Klux Klan Act", Bruce Brown
Buffalo Law Review
No abstract provided.
Procedure—Sanctions—Federal Procedural Rules Do Not Displace Inherent Powers Of Court To Award Attorney's Fees For Bad Faith Conduct. Chambers V. Nasco, Inc., 111 S. Ct. 2123 (1991)., Goodloe Partee
University of Arkansas at Little Rock Law Review
No abstract provided.
Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler
Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler
All Faculty Scholarship
No abstract provided.
Interpreting Statutes Faithfully-Not Dynamically, Craig W. Dallon
Interpreting Statutes Faithfully-Not Dynamically, Craig W. Dallon
BYU Law Review
No abstract provided.
Sovereignty And Personal Jurisdiction Doctrine: Up The Stream Of Commerce Without A Paddle, Pamela J. Stephens
Sovereignty And Personal Jurisdiction Doctrine: Up The Stream Of Commerce Without A Paddle, Pamela J. Stephens
Florida State University Law Review
No abstract provided.
Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Majorie A. Silver
Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Majorie A. Silver
Washington Law Review
Professor Silver advocates recognition of an inherent judicial power to send or authorize notice of pending litigation to potentially interested persons with unfiled claims. Recognizing such a judicial power is consistent with recent legal developments establishing a role for judges in expediting and managing federal litigation. Although the Federal Rules of Civil Procedure only explicitly provide for notice to potential parties in Rule 23 class action litigation, Professor Silver demonstrates that a more general judicial power to notify putative plaintiffs is consistent with the federal rules and the Constitution. She also shows that first amendment values support a judicial role …
Is 28 U.S.C. § 1404(A) A Federal Forum-Shopping Statute?, Michaael B. Rodden
Is 28 U.S.C. § 1404(A) A Federal Forum-Shopping Statute?, Michaael B. Rodden
Washington Law Review
In 1948, Congress enacted section 1404(a) of Tit;e 28 to allow transfers between federal district courts. Congress intended the statute to promote convenience in the federal courts. The statute does not specify which state's law applies following a transfer, but in 1964, in Van Dusen v. Barrack, the Supreme Court determined that the state law of the transferor court must apply following defendant-initiated transfers. The Van Dusen Court reasoned that application of the statute should promote convenience and uniformity and discourage forum-shopping in the federal courts. In 1990, in Ferens v. John Deere Co., the Supreme Court held that the …
Certification And Civil Rights, Carl W. Tobias
Certification And Civil Rights, Carl W. Tobias
Law Faculty Publications
In this 1991 article, Carl Tobias responds to Professor Arthur Miller's suggestion that Federal Rule of Civil Procedure 11 should not be prematurely revised.
"Professor Miller's admonitions may convince some observers, especially those authorized to propose revisions in, or to amend, the Rule that there is little wrong with Rule 11's application and that the federal judiciary simply needs a few more years to refine the implementation of this new concept. Numerous problems, however, remain substantial and some may be intrinsic or even irremediable, while certain litigants, especially civil rights plaintiffs, cannot afford to wait. I trust that Professor Miller's …
Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman
Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman
BYU Law Review
No abstract provided.
Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow
Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow
BYU Law Review
No abstract provided.
The World In Our Courts, Stephen B. Burbank
The World In Our Courts, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Defining “Co-Party” Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John Bessler
All Faculty Scholarship
No abstract provided.
Plotting The Next "Revolution" In Choice Of Law: A Proposed Approach, Gary J. Simson
Plotting The Next "Revolution" In Choice Of Law: A Proposed Approach, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
Defining "Co-Party" Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John D. Bessler
Defining "Co-Party" Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John D. Bessler
Indiana Law Journal
No abstract provided.
Application Of Rule 11 In The Fourth Circuit
Application Of Rule 11 In The Fourth Circuit
Washington and Lee Law Review
No abstract provided.
Ii. Civil And Crimnal Procedure
The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings
The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings
Brigham Young University Journal of Public Law
No abstract provided.
Federal Court Procedural Reform In Montana, Carl W. Tobias
Federal Court Procedural Reform In Montana, Carl W. Tobias
Law Faculty Publications
Much activity related to civil procedure recently occurred that could significantly affect practice in the Montana Federal District Court. During October 1991, the Committee to Redraft the Uniform District Court Rules (Local Rules Committee), which is charged with considering revision of the local rules, issued an Interim Report that includes suggested changes in those rules. The Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States (Standing Committee) distributed in August 1991 preliminary drafts of proposals to amend in varying degrees eighteen Federal Rules of Civil Procedure. The Advisory Group to Implement the Civil …
The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel
The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel
Scholarly Works
No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often examine …
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Scholarly Works
The Federal Arbitration Act (the Act), seeks to eliminate centuries of perceived judicial hostility toward arbitration agreements. The Act made written arbitration agreements involving interstate commerce specifically enforceable. It also provided a procedural structure for enforcing awards, which were protected through deferential judicial review. The Act intended to have a wide reach, employing a broad definition of commerce that has presumably grown in breadth along with the expansion of judicial notions of commerce. Although courts applied the Act in tentative and cautious fashion until the 1960's, arbitration gained momentum during the 1970's and the 1980's. Despite growing judicial enthusiasm for …
Jury Trial In Illinois: Chancery, Multi-Remedy, And Special Remedy Civil Cases, Robert Jay Nye, Jonathan D. Nye
Jury Trial In Illinois: Chancery, Multi-Remedy, And Special Remedy Civil Cases, Robert Jay Nye, Jonathan D. Nye
Loyola University Chicago Law Journal
No abstract provided.
Driving Under The Influences In Illinois, Robert G. Johnston, Thomas P. Higgins
Driving Under The Influences In Illinois, Robert G. Johnston, Thomas P. Higgins
Loyola University Chicago Law Journal
No abstract provided.
Start Making Sense: An Analysis And Proposal For Insider Trading Regulation, Jill E. Fisch
Start Making Sense: An Analysis And Proposal For Insider Trading Regulation, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
The Video Deposition As A Civil Litigation Tool, Hugh B. Lewis
The Video Deposition As A Civil Litigation Tool, Hugh B. Lewis
Campbell Law Review
This Comment reports the findings of a research project on the video deposition's place in litigation. Professor Thomas P. Anderson, Norman Adrian Wiggins School of Law, supervised the project. The paper looks at video depositions from three perspectives. The first perspective outlines 30(b)(4)'s evolution through the court's interpretation of the rule. The second perspective synthesizes the many suggestions on video deposition production found in legal journals. The third perspective analyzes and collates empirical data collected from attorneys and jurors who participated in nine civil trials which used video depositions in the North Carolina Superior Court system. The empirical data also …
Survey Of Civil Jurisdiction In Indian Country 1990, Sandra Hansen Esq.
Survey Of Civil Jurisdiction In Indian Country 1990, Sandra Hansen Esq.
American Indian Law Review
No abstract provided.
A Comparison Of Civil Procedure Practices In Products Liability Actions Between The United States And Japan: Underlying Reasons For Basic Differences, Akio Hayashi
LLM Theses and Essays
Both the U.S. and Japan are highly industrialized countries and many of the same products are used in both countries. So, why is there such a large difference in the number of products liability suits filed?
The present work explores the differences in the American and Japanese legal systems with a focus on products liability claims. The conclusion will show that it is the difference in the two countries applicable civil procedures that explain the disparity in suits.
Complex Product Design Litigation: A Need For More Capable Fact-Finders, Ora Fred Harris Jr.
Complex Product Design Litigation: A Need For More Capable Fact-Finders, Ora Fred Harris Jr.
Kentucky Law Journal
No abstract provided.