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Civil Procedure

1991

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Articles 31 - 60 of 100

Full-Text Articles in Law

The Relationship Between Plaintiff Sucess Rates Before Trial And At Trial, Theodore Eisenberg Jan 1991

The Relationship Between Plaintiff Sucess Rates Before Trial And At Trial, Theodore Eisenberg

Cornell Law Faculty Publications

Legal cases that reach trial are a biased subset of underlying disputes. This makes it difficult to study the legal system by observing tried cases. This paper examines the relationship between plaintiff success at pretrial motion and trial stages across many categories of cases. The large, significant positive relationship between plaintiff success rates at these two procedural stages suggests that characteristics of case categories influence outcomes at both stages. Observers of a category of tried cases or cases resolved by motion can make informed judgments about how that category of cases fares at the other procedural stage.


The Quiet Revolution In Products Liability, James A. Henderson Jr., Theodore Eisenberg Jan 1991

The Quiet Revolution In Products Liability, James A. Henderson Jr., Theodore Eisenberg

Cornell Law Faculty Publications

Most revolutions are noisy, tumultuous affairs. This is as true of significant shifts in legal doctrine as it is of shifts of political power through force of arms. Indeed, the pro-plaintiff revolution in American products liability in the early 1960s will forever be associated with heroic, martial images, epitomized in Prosser's description of the assault upon, and fall of, the fortress citadel of privity. The same sort of terminology aptly could be used to describe the last five or ten years of legislative reform activity in the various states. Reacting to what many see as "crises" brought on by courts …


Citizen Comprehension Of Difficult Issues: Lessons From Civil Jury Trials, Joe S. Cecil, Valerie P. Hans, Elizabeth C. Wiggins Jan 1991

Citizen Comprehension Of Difficult Issues: Lessons From Civil Jury Trials, Joe S. Cecil, Valerie P. Hans, Elizabeth C. Wiggins

Cornell Law Faculty Publications

Lay participation in debates concerning public policies is a touchstone of a democracy. The Constitution enshrines this value not only by providing for a system of elected representatives, but also by recognizing the right to trial by jury. When a democratic society seeks to impose the rigors of the law on an individual, it must justify those standards to a panel of citizens and allow the austere expression of the law to become infused with the values of the community. Through this process, the vision of justice shared by members of the community informs the dialogue of adjudication.

The increasing …


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Personal Jurisdiction And The Beetle In The Box, Wendy Collins Perdue Jan 1991

Personal Jurisdiction And The Beetle In The Box, Wendy Collins Perdue

Law Faculty Publications

In 1980 in World-Wide Volkswagen v. Woodson, the Supreme Court described personal jurisdiction as "an instrument of interstate federalism." Two years later in Insurance Corporation of Ireland v. Compagnie des Bauxites de Guinee, the Court back-pedaled and explained that personal jurisdiction "represents a restriction on judicial power not as a matter of sovereignty, but as a matter of individual liberty." Then, in 1985 in Phillips Petroleum v. Shutts, the Court explained that the purpose of personal jurisdiction is "to protect a defendant from the travail of defending in a distant forum." Three years later in Van Cauwenberghe v. Biard, …


Standing To Intervene, Carl W. Tobias Jan 1991

Standing To Intervene, Carl W. Tobias

Law Faculty Publications

The Supreme Court has rarely considered what applicants must show to intervene as of right under Federal Rule of Civil Procedure 24(a)(2) since the Court amended the provision in 1966. This dearth of Supreme Court treatment has meant that primary responsibility for interpreting Rule 24(a)(2) has devolved upon the lower federal courts. Many of these courts and numerous commentators have recognized that it is very difficult to identify precisely what the Rule demands of those that seek to intervene of right. During much of the last quarter century, however, the federal judiciary agreed about one important proposition: Rule 24(a)(2) does …


Judicial Discretion And The 1983 Amendments To The Federal Civil Rules, Carl W. Tobias Jan 1991

Judicial Discretion And The 1983 Amendments To The Federal Civil Rules, Carl W. Tobias

Law Faculty Publications

The first section of this Article briefly describes the developments which created the perception that the federal courts were experiencing a litigation explosion and which ultimately led to the promulgation of the 1983 amendments as one response to the perceived explosion. It also examines the substantive content of those changes, especially how the revisions enlarged federal judicial discretion. The second section evaluates the courts' implementation of the 1983 amendments and finds that this application has adversely affected numerous litigants, particularly civil rights plaintiffs, while providing some benefits, namely fostering more expeditious dispute resolution.

The third section provides suggestions for the …


Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias Jan 1991

Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias

Law Faculty Publications

The United States Supreme Court promulgated the 1983 amendments to the Federal Rules of Civil Procedure out of growing concern about abuse of the civil litigation process. The most controversial aspect of the implementation of these revisions has been judicial enforcement of amended Rule 11 (the Rule) in ways that disadvantage or "chill" civil rights plaintiffs and attorneys. As the federal judiciary enters its eighth year of implementing the Rule, courts apparently have improved their application of it by becoming more solicitous of the needs of civil rights plaintiffs and their counsel, in recognition of the important social function that …


Recent Work Of The Civil Rules Committee, Carl W. Tobias, Margaret L. Sanner Jan 1991

Recent Work Of The Civil Rules Committee, Carl W. Tobias, Margaret L. Sanner

Law Faculty Publications

Congress reformed the procedures for amending the Federal Rules of Civil Procedure in 1988 by prescribing greater public participation in the rules revision process. Since that time, the Advisory Committee on the Civil Rules, which has primary responsibility for studying the Rules and developing proposals for change in them, has examined several important Rules and made controversial recommendations for modifying those provisions. Although the Committee has assessed and suggested controversial revision in summary judgment and discovery, this article analyzes recent efforts of the Committee involving Rule 11, a provision that was fundamentally amended as recently as 1983.

Montana Rule 11 …


Special Problems In Civil Procedure - Complex Litigation, Francis H. Hare Jr., Judge Robert M. Parker, Gerald A. Connell, Mary Kay Kane Jan 1991

Special Problems In Civil Procedure - Complex Litigation, Francis H. Hare Jr., Judge Robert M. Parker, Gerald A. Connell, Mary Kay Kane

University of Richmond Law Review Symposium

"Organization and Presentation of a Complex Case" lecture given by Francis H. Hare Jr., a partner in the law firm of Hare, Wynn, Newell & Newton, in Birmingham, Alabama.

"Judicial Management of Complex Cases" lecture given by the Honorable Robert M. Parker, Chief Judge of the United States District Court for the Eastern District of Texas.

"Complex Litigation in the Public Sector" lecture given by Gerald A. Connell, a member of the firm of Baker & Hostetler, in Washington, D.C.

"The Future of Complex Litigation" lecture given by Mary Kay Kane, academic dean and Professor of Law at Hastings College …


New York Civil Practice, Jay C. Carlisle Jan 1991

New York Civil Practice, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

During the Survey year, the New York Court of Appeals issued important opinions with respect to strict compliance for service of process, the foreign object exception under CPLR 214-a, and disclosure against corporate employees. The Court also imposed sanctions for the first time under Part 130 of the Uniform Rules, and ruled that issue preclusion could be given to a criminal conviction to preclude subsequent civil litigation. In addition the Court recognized that substituted service could be used against a criminal contemnor. New York appellate courts issued instructive decisions regarding long-arm jurisdiction, forum non conveniens, and discovery of surveillance videos. …


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1991

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Slaying The Monsters Of Cost And Delay: Would Disclosure Be More Effective Than Discovery?, William W. Schwarzer Jan 1991

Slaying The Monsters Of Cost And Delay: Would Disclosure Be More Effective Than Discovery?, William W. Schwarzer

Faculty Scholarship

No abstract provided.


Experts–Use And Abuse (Part I): Commentary, William W. Schwarzer Jan 1991

Experts–Use And Abuse (Part I): Commentary, William W. Schwarzer

Faculty Scholarship

No abstract provided.


Free Exercise Of Religion Jan 1991

Free Exercise Of Religion

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Pre-Emption Of Local Law By State Legislature Jan 1991

Pre-Emption Of Local Law By State Legislature

Touro Law Review

No abstract provided.


Separation Of Powers Jan 1991

Separation Of Powers

Touro Law Review

No abstract provided.


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 Jan 1991

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 Jan 1991

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 Jan 1991

Products Liability And Preemption: A Judicial Framework, Barbara L. Atwell

Buffalo Law Review

No abstract provided.


Wanted: A Federal Standard For Evaluating The Adequate State Forum, Maria L. Marcus Jan 1991

Wanted: A Federal Standard For Evaluating The Adequate State Forum, Maria L. Marcus

Maryland Law Review

No abstract provided.


1992: High Time For American Lawyers To Learn From Europe, Or Roscoe Pound's 1906 Address Revisited, James Maxeiner Jan 1991

1992: High Time For American Lawyers To Learn From Europe, Or Roscoe Pound's 1906 Address Revisited, James Maxeiner

All Faculty Scholarship

Shows how the key points Roscoe Pound made in his famous law reform address point to foreign law study for future reform.


The 1988 Revision Of 28 U.S.C. 1391(C): Corporate Venue Is Now Equivalent To In Personam Jurisdiction Effects On Civil Actions For Patent Infringement, Thomas W. Adams Jan 1991

The 1988 Revision Of 28 U.S.C. 1391(C): Corporate Venue Is Now Equivalent To In Personam Jurisdiction Effects On Civil Actions For Patent Infringement, Thomas W. Adams

Cleveland State Law Review

Venue in federal cases is controlled by the general venue statute unless there exists an applicable special venue statute that attaches to the particular cause of action under consideration. This note is concerned with the section of the general venue statute applicable to corporate defendants and its interaction with the special venue statute for civil actions in patent infringement cases ("patent venue statute"). As a first step in the discussion of venue, it is necessary to go back in history over 200 years. This note reviews the history of venue, both generally and in cases of patent infringement, the historical …


The 1988 Revision Of 28 U.S.C. 1391(C): Corporate Venue Is Now Equivalent To In Personam Jurisdiction Effects On Civil Actions For Patent Infringement, Thomas W. Adams Jan 1991

The 1988 Revision Of 28 U.S.C. 1391(C): Corporate Venue Is Now Equivalent To In Personam Jurisdiction Effects On Civil Actions For Patent Infringement, Thomas W. Adams

Cleveland State Law Review

Venue in federal cases is controlled by the general venue statute unless there exists an applicable special venue statute that attaches to the particular cause of action under consideration. This note is concerned with the section of the general venue statute applicable to corporate defendants and its interaction with the special venue statute for civil actions in patent infringement cases ("patent venue statute"). As a first step in the discussion of venue, it is necessary to go back in history over 200 years. This note reviews the history of venue, both generally and in cases of patent infringement, the historical …


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


Right-To-Die, Bruce Morton Jan 1991

Right-To-Die, Bruce Morton

Touro Law Review

No abstract provided.


Abortion Rights, Eileen Kaufman Jan 1991

Abortion Rights, Eileen Kaufman

Touro Law Review

No abstract provided.