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Full-Text Articles in Law
Rule 11 And Factually Frivolous Claims-- The Goal Of Cost Minimization And The Client's Duty To Investigate, James E. Ward, Iv
Rule 11 And Factually Frivolous Claims-- The Goal Of Cost Minimization And The Client's Duty To Investigate, James E. Ward, Iv
Vanderbilt Law Review
This Note examines the duty Rule 11 creates and its allocation between attorneys and their clients from an economic perspective. Part II examines Rule 11's historical purpose of deterring frivolous claims and traces the roots of the duty the Rule imposes on attorneys to achieve this purpose. Part III discusses how Rule 11 ideally should function in a society with perfect information about the cost of frivolous claims to the judicial system compared to the cost of deterring such claims, and determines that an optimal Rule would minimize the sum of these costs. Given the information constraints of the real …
Current Status Of Rule 11 In The Ninth Circuit And Washington State, Fredric C. Tausend, Lisa L. Johnsen
Current Status Of Rule 11 In The Ninth Circuit And Washington State, Fredric C. Tausend, Lisa L. Johnsen
Seattle University Law Review
Admittedly, amended Rule 11 has stirred up a great deal of controversy. The Advisory Committee of which Professor Miller is now a member will be considering a variety of proposed amendments to the Rule. While in Seattle for the 1991 spring meeting of the American Bar Association, Professor Miller expressed his own personal hope that the Rule be left unchanged for now, predicting that the upsurge in its use (and misuse) will follow a bell-shaped curve. The authors concur with the hope that it be left unchanged until the bench and bar have had both additional time to develop the …
Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Marjorie A. Silver
Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Marjorie A. Silver
Scholarly Works
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 the first amendment values support a judicial …
Civil Procedure: Cooter &(And) Gell V. Hartmarx Corp: An Analysis Of Rule 11 And Its Appropriate Standard Of Review, Michael R. Annis
Civil Procedure: Cooter &(And) Gell V. Hartmarx Corp: An Analysis Of Rule 11 And Its Appropriate Standard Of Review, Michael R. Annis
Oklahoma Law Review
No abstract provided.