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Law School Blogs

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Discovery Cost Allocation: Comment On Cooter And Rubinfeld, Edward H. Cooper

Articles

Discovery practice continues to be the single most troubling element of contemporary procedure. To be sure, the system seems to work well in a high proportion of all federal cases. The proportion may seem astonishingly high in relation to the amount of attention devoted to discovery. The discovery problems that occur in a relatively small proportion of the federal caseload, however, impose serious burdens on the parties and the court system. Every proposal that addresses discovery "abuse" deserves serious attention. These comments focus on the discovery abuse portion of the paper by Cooter and Rubinfeld. Questions are posed that may …

Child Protection Law, Suellyn Scarnecchia

Book Chapters

The Fifth and Fourteenth Amendments to the U.S. Constitution protect a parent's custodial rights. However, such rights are not absolute and may be terminated. There is no substantive due-process right to live together as a family. Doe v Oettle, 97 Mich App 183, 293 NW2d 760 (1980). Parents are not held to ideal standards in the care of their children but to minimum statutory standards. Fritts v Krugh, 354 Mich 97, 92 NW2d 604 (1958).

Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association

Touro Law Review

No abstract provided.

Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr.

Michigan Law Review

A Review of Federal Practice and Procedure, Volumes 13-19: Jurisdiction and Related Matters by Charles Alan Wright, Arthur R. Miller, and Edward H. Cooper

Post Trial Motions Under The New Indiana Rules, Edwin H. Greenebaum

Indiana Law Journal

No abstract provided.

Trial--Argument Of Council--Use Of Formula Not Based On Evidence, Forest Jackson Bowman

West Virginia Law Review

No abstract provided.

A Lecture On Appellate Advocacy, Karl N. Llewellyn

Addison Harris Lecture

No abstract provided.

Trial--Unintended Courtroom Influence--When New Trial Warranted, O. A. J.

West Virginia Law Review

No abstract provided.

Edson R. Sunderland And The Teaching Of Procedure, Charles H. King

Michigan Law Review

Once having arrived at the University of Michigan Law School, Edson Sunderland never left, except on a temporary basis. He entered the school in 1898, having previously received his Bachelor's and Master's degrees from the University's College of Literature, Science and the Arts. Immediately upon his graduation in 1901 he was invited to become a member of the faculty, an invitation which he accepted effective the following fall.

Trial By The Court Without A Jury, Leo Carlin

West Virginia Law Review

It is elementary, of course, that, in an action at law, normally, the court tries the law and the jury tries the facts; and, in one respect, there can be no departure from this division of labor. For obvious reasons, no other functionary can assume the task of the court. But there are various procedural devices, some under the common law and some under statutes, by which the jury may be entirely eliminated as a trial factor. Its services may be dispensed with in the course of the trial, after it has developed that they are no longer needed, as …

Review Of Pre-Trial, By H. D. Nimis, John W. Reed

Reviews

Mr. Nims has undertaken to catalog the pre-trial procedures currently in use in state and federal courts and administrative agencies. Apparently, he asked judges in nearly every jurisdiction for statements of their views and practices, and there is here set forth a summary of, and many excerpts from, their replies. The book contains also an eighty-five page analysis of the reported decisions involving pre-trial questions, an extensive appendix, which includes minutes of pre-trial hearings and specimens of orders, and an exhaustive bibliography.

Forensic Persuasion, Arthur T. Vanderbilt

Washington and Lee Law Review

No abstract provided.

The Trial Brief, Edson R. Sunderland, Clifford W. Crandall

Book Chapters

From the chapter Introduction: "The object of the preceding chapters is to show the brief maker where to find the material for his brief, how to find it, and how to select out of the mass of material found that which will be suitable for his use.... The present purpose is to outline a course of investigation suitable to the preparation of a case for trial and to suggest methods of making the material collected during the search for authorities readily available." [p.417-418]

An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland

Other Publications

Procedure has always been the bete noire of the law school teacher. No other subject has developed such divergent opinions or such endless debates. None recurs with such periodic frequency and in no field of legal pedagogy has discussion seemed so barren of results. Three different general sessions of the Association of American Law Schools during the last ten years have been devoted largely or wholly to the subject of teaching procedure, and yet no substantial progress seems to have been made toward a standardized scheme of treatment. Individual teachers and schools have their individual views and policies, and they …

An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland

Articles

Procedure has always been the bete noire of the law school teacher. No other subject has developed such divergent opinions or such endless debates. None recurs with such periodic frequency and in no field of legal pedagogy has discussion seemed so barren of results. Three different general sessions of the Association of American Law Schools during the last ten years have been devoted largely or wholly to the subject of teaching procedure, and yet no substantial progress seems to have been made toward a standardized scheme of treatment. Individual teachers and schools have their individual views and policies, and they …

The Michigan Judicature Act Of 1915, Edson R. Sunderland

Articles

IN 1848 a wave of reform in judicial procedure began to sweep over the United States. In that year the legislature of New York enacted the Code of Civil Procedure, a statute of far-reaching importance, for it became the source of and the model for similar legislation in almost two-thirds of the States in the Union.

The Trial Brief, Edson R. Sunderland

Book Chapters

From the chapter Introduction: "The object of the preceding chapters is to show the brief maker where to find the material for his brief, how to find it, and how to select out of the mass of material found that which will be suitable for his use.... The purpose of this lesson is to outline a course of investigation suitable to the preparation of a case for trial, and to suggest methods of making the material collected during the search for authorities readily available." [p.353]

The Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland

Articles

Procedure is merely the means of co-ordinating effort, of harmonizing differences, of offering every one equality of opportunity in offense and defense before the law. Without it there would be confusion, favoritism, and injustice. If the subject were viewed in this fundamental way, and were studied conscientiously as an incident and aid to the development and determination of the merits of controversies, the criticisms now so fiercely directed against it would largely disappear. In its use it is indispensable, in its abuse only does it cause trouble. A professional conscience to curb that abuse, and professional learning and skill to …

Cases On Procedure, Annotated. Trial Practice, Edson R. Sunderland

Books

“The present volume is intended to develop and disclose the rational basis for the main principles of practice employed in the trial of civil actions at law. Recourse has been had to the whole body of American case law, and the choice of cases has been determined by the clearness with which the court has shown a logical justification for the decision made….

“The cases have been very freely edited, and everything not germane to the subject for which the case was chosen has been omitted….” --Preface

Cases On Procedure, Annotated: Trial Practice, Edson Sunderland

Books

The present volume is intended to develop and disclose the rational basis for the main principles of practice employed in the trial of civil actions at law. Recourse has been had to the whole body of American case law, and the choice of cases has been determined by the clearness with which the court has shown a logical justification for the decision made. By this means it is hoped that the book will help the student to analyze and understand the methods by which courts solve problem of practice, to appreciate the comparative value, importance and bearing of the different …

The Trial Brief, Edson R. Sunderland

Book Chapters

Professor Sunderland writes in introduction to his chapter: "As this is not a book of practice, an extended discussion of the general subject of 'Preparation for Trial' would manifestly be out of place.... The purpose of this part is to outline a course of investigation suitable in preparing a case for trial and to suggest methods for making the materials so obtained readily available." [p.207]

Examination Of The Medical Expert, Harry B. Hutchins

Articles

The expert witness differs essentially from the ordinary witness in at least two particulars; first, in that the field of his testimony is outside the range of ordinary knowledge and experience; and, secondly, in that his testimony in the great majority of cases is in the form of opinions or conclusions that are deemed necessary for the proper guidance of the jury. It goes without saying that the 'lawyer who undertakes the examination of the expert should have such familiarity with the subject of inquiry as will enable him to develop it through the expert logically and clearly, but unfortunately …

The Physician As An Expert, Harry B. Hutchins

Articles

Expert evidence is evidence of a scientific or technical character in regard to a matter that is outside the domain of ordinary experience and knowledge. The evidence is usually in the form of opinions or conclusions based upon facts that for the purposes of an opinion are assumed to be true, although it may be in regard to scientific facts. The expert is one who has had special training or opportunities in a particular subject that the ordinary witness has not enjoyed, and who has thereby acquired certain habits of judgment.that render his explanations and opinions in the field of …