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Articles 1 - 30 of 71
Full-Text Articles in Law
Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom
Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom
Robert Bloom
No abstract provided.
Third-Party Modification Of Protective Orders Under Rule 26©, Patrick S. Kim
Third-Party Modification Of Protective Orders Under Rule 26©, Patrick S. Kim
Michigan Law Review
This Note argues that similarly situated litigants always should be given access to protected discovered materials, while nonlitigants should gain access to protected materials only in exceptional circumstances. This approach effectively balances the privacy and property interests of the original parties and the intervening parties with the interests of adjudicative efficiency. Part I establishes that there is no general public right of access to civil discovery and that courts should disregard such purported rights when considering whether to modify a protective order. Part II identifies three interests that courts should weigh when considering whether to modify a protective order: the …
International Parallel Litigation: Disposition Of Duplicative Civil Proceedings In The United States And Japan, Yoshimasa Furuta
International Parallel Litigation: Disposition Of Duplicative Civil Proceedings In The United States And Japan, Yoshimasa Furuta
Washington International Law Journal
Although duplicative proceedings involve various negative effects, if motivated by legitimate reasons, parallel litigation may be justified. Therefore, regulation of international parallel litigation should be based on a close examination of the legitimacy of the litigants' motives, which should then be balanced against negative effects. In this comparative study of the parallel litigation practice in the United States and Japan, the contrast between the two countries is attributed to the underlying differences in each country's social and legal traditions. Despite the differences in their practice, however, each legal system offers a model that may be successfully adopted by the other …
Taking A Deposition Under North Carolina Law, G. Nicholas Herman
Taking A Deposition Under North Carolina Law, G. Nicholas Herman
North Carolina Central Law Review
No abstract provided.
Nafta's Procedural Narrow-Mindedness: The Panel Review Of Antidumping And Countervailing Duty Determinations Under Chapter Nineteen, Ángel Oquendo
Nafta's Procedural Narrow-Mindedness: The Panel Review Of Antidumping And Countervailing Duty Determinations Under Chapter Nineteen, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Exorcising The Evil Of Forum-Shopping, Kevin M. Clermont, Theodore Eisenberg
Exorcising The Evil Of Forum-Shopping, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
Most of the business of litigation comprises pretrial disputes. A common and important dispute is over where adjudication should take place. Civil litigators deal with nearly as many change-of-venue motions as trials. The battle over venue often constitutes the critical issue in a case.
The American way is to provide plaintiffs with a wide choice of venues for suit. But the American way has its drawbacks. To counter these drawbacks, an integral part of our court systems, and in particular the federal court system, is the scheme of transfer of venue "in the interest of justice." However, the leading evaluative …
The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark
The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark
BYU Law Review
No abstract provided.
Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii
Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii
BYU Law Review
No abstract provided.
The Illusion Of Due Process In West Virginia's Property Tax Appeals System: Making The Constitution's Promise A Reality, Michael E. Caryl
The Illusion Of Due Process In West Virginia's Property Tax Appeals System: Making The Constitution's Promise A Reality, Michael E. Caryl
West Virginia Law Review
No abstract provided.
The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn
BYU Law Review
No abstract provided.
Antisuit Injunctions Under The Complex Litigation Proposal: Harmonizing The Sirens' Song Of Efficiency And Fairness With The Hymn Of Judicial Federalism And Comity, Paul W. Werner
BYU Law Review
No abstract provided.
Selected Provisions Of The Ali Complex Litigation Proposal: Statutory Recommendations & Reporter's Study
BYU Law Review
No abstract provided.
Confronting The Consolidation Conundrum, Richard L. Marcus
Confronting The Consolidation Conundrum, Richard L. Marcus
BYU Law Review
No abstract provided.
Antisuit Injunction And Notice Of Intervention And Preclusion: Complementary Devices To Prevent Duplicative Litigation, Edward F. Sherman
Antisuit Injunction And Notice Of Intervention And Preclusion: Complementary Devices To Prevent Duplicative Litigation, Edward F. Sherman
BYU Law Review
No abstract provided.
Clinical Education Programs--An Overview, Robert Bloom
Clinical Education Programs--An Overview, Robert Bloom
Robert M. Bloom
No abstract provided.
A Tale Of Two Fora: Fresh Challenges In Defending Multijurisdictional Claims, Janet Walker
A Tale Of Two Fora: Fresh Challenges In Defending Multijurisdictional Claims, Janet Walker
Osgoode Hall Law Journal
This article analyzes recent developments in the Canadian common law of forum non conveniens as it is invoked in applications for stays and injunctions. It reviews the findings of the Supreme Court of Canada in Amchem and the Court of Appeal for Ontario in Frymer as they relate to the onus in stay applications, the significance of the plaintiffs loss of advantage and the special considerations applying to injunctions. The possibility of rationalizing the interprovincial application of the doctrine brought about by the Supreme Court's recent choice of law ruling in Tolofson is considered as are specific examples of the …
Miller V. Arkansas: Criminals Beware! Arkansas Uses An Objective Approach In Evaluating Pretextual Traffic Stops, Jason Watson
Miller V. Arkansas: Criminals Beware! Arkansas Uses An Objective Approach In Evaluating Pretextual Traffic Stops, Jason Watson
Mercer Law Review
In Miller v. Arkansas, the Arkansas Court of Appeals had to decide whether an officer's subjective intent would make an otherwise legitimate traffic stop and ensuing search pretextual. In December 1991, a confidential informant told Arkansas state police officer Roger Ahlf that Roger Miller was a cocaine dealer and was driving a black van on a suspended driver's license. After verifying this information, Officer Ahlf stopped Miller for driving on a suspended license. Ahlf then frisked Miller for weapons. During the frisk, the officer found an address book that contained less than 1.5 grams of marijuana residue. The officer …
Politics And The Judiciary: The Influence Of Judicial Background On Case Outcomes, Orley Ashenfelter, Theodore Eisenberg, Stewart J. Schwab
Politics And The Judiciary: The Influence Of Judicial Background On Case Outcomes, Orley Ashenfelter, Theodore Eisenberg, Stewart J. Schwab
Cornell Law Faculty Publications
It is widely believed that the background and worldview of judges influence their decisions. This article uses the fact that judges are assigned their cases randomly to assess the effect of judicial background on the outcome of cases from the day-to-day docket in three federal trial courts. Unlike the political science findings of ideological influence in published opinions, we find little evidence that judges differ in their decisions with respect to the mass of case outcomes. Characteristics of the judges or the political party of the judge's appointing president are not significant predictors of judicial decisions.
The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi
The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi
Cornell Law Faculty Publications
This Essay surveys three major transformations in state and federal rules of evidence since the introduction of the Federal Rules of Evidence. The Rules have not only inspired a movement toward codification in the states, they have also liberalized the admission of expert testimony and hearsay. This partially explains thirteen states' reluctance to codify. Judges have furthered this trend by admitting far more discretionary hearsay evidence than Congress intended. Professor Rossi doubts this expansion of the hearsay exceptions would have occurred without the adoption of the FRE and suggests that the newly formed Advisory Committee will produce greater substantive changes …
United Mine Workers V. Bagwell: New Restrictions On Severe Civil Contempt Fines, Gretchen Callas
United Mine Workers V. Bagwell: New Restrictions On Severe Civil Contempt Fines, Gretchen Callas
West Virginia Law Review
No abstract provided.
Attorneys' Fees For Contractual Non-Signatories Under California Civil Code 1717: A Remedy In Search Of A Rationale, Robert S. Miller
Attorneys' Fees For Contractual Non-Signatories Under California Civil Code 1717: A Remedy In Search Of A Rationale, Robert S. Miller
San Diego Law Review
California courts have altered the American Rule for attorney’s fees in contract actions pursuant to California Civil Code Section 1717, which makes contractual fee shifting provisions reciprocal. The Author illustrates some of the problems with this section and how it has led to inequitable and unpredictable results. This Article argues that the statute should be revised in order to clarify that contractual fee-shifting applies only to signatories to the contract.
Civil Commitment And The "Great Confinement" Revisited: Straightjacketing Individual Rights, Stifling Culture, William Hoffman Pincus
Civil Commitment And The "Great Confinement" Revisited: Straightjacketing Individual Rights, Stifling Culture, William Hoffman Pincus
William & Mary Law Review
No abstract provided.
The Trial As Text: Allegory, Myth And Symbol In The Adversarial Criminal Process - A Critique Of The Role Of The Public Defender And A Proposal For Reform, Kenneth B. Nunn
UF Law Faculty Publications
A position of Federal Defender General should be created to enhance the public image of public defenders. Currently the adversarial system tends to favor prosecutors, making it hard for criminal defendants to obtain a fair trial. Semiotic theory shows how the criminal justice system reflects broader social discourse concerning crime. The defendants' rights are given symbolic representation but are not considered seriously. Criminals are set apart from the rest of society and regarded as undeserving of truly fair representation. The trial can be seen as an allegory demonstrating the guilt of the defendant.
Mandatory Disclosure Can Improve The Discovery System, Angela R. Lang
Mandatory Disclosure Can Improve The Discovery System, Angela R. Lang
Indiana Law Journal
No abstract provided.
Portia's Daughters: The Role Of The Individual Litigant In Developing European Community Sex Discrimination Law, Holly Cullen, Andrew Charlesworth
Portia's Daughters: The Role Of The Individual Litigant In Developing European Community Sex Discrimination Law, Holly Cullen, Andrew Charlesworth
West Virginia Law Review
No abstract provided.
Washington Courts Get Stingy: Improper Denial Of Attorney's Fees Under 42 U.S.C. §§ 1983 And 1988, Brian Buckley
Washington Courts Get Stingy: Improper Denial Of Attorney's Fees Under 42 U.S.C. §§ 1983 And 1988, Brian Buckley
Washington Law Review
42 U.S.C. §§ 1983 and 1988 allow persons to challenge state laws that violate their federal constitutional rights and to recover their attorney's fees should they prevail. This Comment analyzes two recent Washington cases in which the plaintiffs were denied fee recoveries despite having successfully challenged state statutes. This Comment then argues that fee awards should have been granted in both cases and that in the future fee awards should rarely be denied when plaintiffs invalidate state law under §§ 1983 and 1988.
The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part I: Justiciability And Jurisdiction (Original And Appellate), Joan E. Steinman
All Faculty Scholarship
No abstract provided.
The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part Ii: Non-Jurisdictional Matters, Joan E. Steinman
The Effects Of Case Consolidation On The Procedural Rights Of Litigants: What They Are, What They Might Be, Part Ii: Non-Jurisdictional Matters, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Suggestions For Circuit Court Review Of Local Procedures, Carl Tobias
Suggestions For Circuit Court Review Of Local Procedures, Carl Tobias
Washington and Lee Law Review
No abstract provided.