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Articles 91 - 100 of 100
Full-Text Articles in Law
Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch
Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
A Coda On Supplemental Jurisdiction, Stephen B. Burbank, Thomas D. Rowe Jr., Thomas M. Mengler
A Coda On Supplemental Jurisdiction, Stephen B. Burbank, Thomas D. Rowe Jr., Thomas M. Mengler
All Faculty Scholarship
No abstract provided.
The Application And Misapplication Of Ohio Rule Of Civil Procedure 54(B), Diane S. Leung
The Application And Misapplication Of Ohio Rule Of Civil Procedure 54(B), Diane S. Leung
Cleveland State Law Review
The rules of civil procedure, seemingly straightforward, can be misinterpreted due to attorney inattentiveness. One rule which has suffered and still is suffering from misinterpretation and misapplication is Ohio Rule of Civil Procedure 54(B), judgment upon multiple claims or involving multiple parties, the subject of this note. The following discussion, an analysis of Rule 54(B), will attempt to accomplish several tasks. First, the note will briefly describe the history, nature, and purpose of the rule. Secondly, it will analyze the major aspects and requirements of Rule 54(B). The analysis will emphasize the facets of the rule which have often been …
Rethinking Work Product, Elizabeth G. Thornburg
Rethinking Work Product, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
This article analyzes the traditional and law & economics explanations purporting to justify the exclusion of work product materials from discovery. It argues that none of these arguments are well founded and that, instead, the privilege increases costs and decreases the system's ability to produce appropriate settlements and accurate fact finding. To the extent that the privilege serves legitimate ends, narrower and more narrowly tailored protections would provide the necessary protection.
Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael L. Wells
Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael L. Wells
Scholarly Works
No doubt some reform of the federal courts is essential if they are to cope with the proliferation of litigation over the past thirty years and the resulting "congestion, delay, expense, and expansion" in the federal courts. While the problem may not amount to an "impending crisis", the burgeoning caseload surely poses a threat, at least in the long run, to the ability of the federal courts to function effectively. The hard question is not whether something should be done, but what to do about it. There is no shortage of interesting ideas. Some of the ideas that clamor for …
Complex-Litigation Reform And The Legislative Process, Charles G. Geyh
Complex-Litigation Reform And The Legislative Process, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
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.
Grasping At Burnt Straws: The Disaster Of The Supplemental Jurisdiction Statute, Thomas C. Arthur, Richard Freer
Grasping At Burnt Straws: The Disaster Of The Supplemental Jurisdiction Statute, Thomas C. Arthur, Richard Freer
Faculty Articles
Ah, the strawman model! Where would Professors Rowe, Burbank, and Mengler be without it? At a minimum, they would have a much shorter article. If Professor Freer in fact torched the entire farm, it is because there was so much dry straw lying around after the three drafters finished tilting with the strawmen they created in their response to Professor Freer's article. The drafters spend more than half of their article arguing the irrelevant points that a statute was needed after Finley, that the statute was consistent with recommendations of the Federal Courts Study Committee, and that Professor Freer …
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.
Foreign Plaintiffs Have An Absolute Right To Have Their Causes Of Action Heard In Texas Courts: Dow Chemical Co. V. Alfaro, 786 S.W. 2d 674 (Tex. 1990), Andrew M. Coats
Foreign Plaintiffs Have An Absolute Right To Have Their Causes Of Action Heard In Texas Courts: Dow Chemical Co. V. Alfaro, 786 S.W. 2d 674 (Tex. 1990), Andrew M. Coats
Andrew M. Coats
No abstract provided.