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Articles 1 - 6 of 6
Full-Text Articles in Law
Summary Judgment Before The Completion Of Discovery: A Proposed Revision Of Federal Rule Of Civil Procedure 56(F), John F. Lapham
Summary Judgment Before The Completion Of Discovery: A Proposed Revision Of Federal Rule Of Civil Procedure 56(F), John F. Lapham
University of Michigan Journal of Law Reform
Part I of this Note discusses the purpose of summary judgment in a regime of notice pleading. Part II examines how the federal courts have interpreted and applied rule 56(f). Part III suggests that rule 56(f) be modified to require a more significant factual showing before a court may grant a continuance for further discovery. In addition, Part III examines the policy considerations that support a more stringent rule. Finally, Part IV provides a hypothetical example illustrating the benefits of this proposal.
Understanding Civil Procedure, By Gene R. Shreve And Peter Raven-Hansen, William M. Richman
Understanding Civil Procedure, By Gene R. Shreve And Peter Raven-Hansen, William M. Richman
Indiana Law Journal
No abstract provided.
"Inherent Power" And Rule 16, How Far Can A Federal Court Push The Litigant Toward Settlement?, David A. Rammelt
"Inherent Power" And Rule 16, How Far Can A Federal Court Push The Litigant Toward Settlement?, David A. Rammelt
Indiana Law Journal
No abstract provided.
The Specificity Of Pleading In Modern Civil Practice: Addressing Common Misconceptions, Ian James Wilson, William Louis Payne
The Specificity Of Pleading In Modern Civil Practice: Addressing Common Misconceptions, Ian James Wilson, William Louis Payne
University of Richmond Law Review
The pleading procedure serves as the foundation for the entire legal process. Pleadings focus the issues, narrow the evidence admissible at trial, apprise the adverse party and the court of the matter in dispute, and provide the extent of the res judicata effect of the judgment. To secure the foundation and to effectuate the purposes of the pleading procedure, it is imperative that the pleading set forth sufficient allegations. The standard for determining the sufficiency of the allegations is referred to as the specificity requirement and serves as the focus of this Note.
Case Comment, Jeffry B. Gordon
Case Comment, Jeffry B. Gordon
Vanderbilt Journal of Transnational Law
This Case Comment discusses the ability of a United States plaintiff to serve process pursuant to the Hague Service Convention on a defendant residing in Japan. The United States Court of Appeals for the Eighth Circuit held that the Convention generally prohibits service on foreign defendants by registered mail. This Case Comment discusses the history of the case, the objectives of the Convention, the law of service of process in Japan, and United States law of service of process on foreign parties under the Federal Rules of Civil Procedure. The author then discusses United States common law interpreting article 10(a) …
An Independent Public Law, Carl W. Tobias
An Independent Public Law, Carl W. Tobias
Law Faculty Publications
This Article analyzes the application of numerous Federal Rules in public law litigation to show how the resurrection of private law approaches and hostility toward public interest litigants serves to disadvantage public interest litigants. The assessment is intended to discourage such future enforcement of the Federal Rules and analogous judicial treatment in other areas of public law. The Article is also meant to foster greater appreciation of public law and the articulation of a larger complement of public law principles so as to facilitate the growth of an independent public law.