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Articles 1 - 30 of 59
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 …
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.
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 …
Trial Practice And Procedure, Molly Townes O'Brien
Trial Practice And Procedure, Molly Townes O'Brien
Mercer Law Review
If "[t]he history of liberty has largely been the history of the observance of procedural safeguards," then 1990 should be regarded as a fine year in the history of liberty. In this year's rulings, the Eleventh Circuit required the district courts to scrutinize in forma pauperis complaints carefully before dismissing them as frivolous and demanded that pro se parties receive express written notice that they must file affidavits in response to a motion for summary judgment. The Eleventh Circuit was also unusually receptive this year to claims by nonresident defendants that the court's exercise of personal jurisdiction over them would …
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 …
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.
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.
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.
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.
Freedom Of Speech And The Press
Pre-Emption Of Local Law By State Legislature
Edmonson V. Leesville Concrete Co.: Will The Peremptory Challenge Survive Its Battle With The Equal Protection Clause, 25 J. Marshall L. Rev. 37 (1991), Steven M. Puiszis
Edmonson V. Leesville Concrete Co.: Will The Peremptory Challenge Survive Its Battle With The Equal Protection Clause, 25 J. Marshall L. Rev. 37 (1991), Steven M. Puiszis
UIC Law Review
No abstract provided.
Rule 11 Recalibrated In Civil Rights Cases, Carl Tobias
Rule 11 Recalibrated In Civil Rights Cases, Carl Tobias
Villanova Law Review
No abstract provided.
Products Liability And Preemption: A Judicial Framework, Barbara L. Atwell
Products Liability And Preemption: A Judicial Framework, Barbara L. Atwell
Buffalo Law Review
No abstract provided.