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Court Examination Of The Discovery File On A Motion For Summary Judgment, Michigan Law Review

Michigan Law Review

This Note examines the history and ambiguous language of rule 56 to determine whether courts have a duty to examine the discovery file before granting a summary judgment. Section I discusses courts' differing interpretations of the rule. Section II shows that the Supreme Court Advisory Committee which drafted the rule contemplated that courts would examine routinely filed discovery materials when considering a motion for summary judgment. Section III concludes, however, that the expansion of pre-trial discovery since the enactment of the federal rules renders such a trial court duty inconsistent with the drafters' intent that the rules "be construed to …

Expanding Federal Court Jurisdiction Of Railway Labor Minor Disputes: Richins V. Southern Pacific, Richard H. Page

BYU Law Review

No abstract provided.

Extending The Limits Of Judicial Review Of Regulator Orders: Committee Of Consumer Services V. Public Service Commission, Kenneth M. Anderson

BYU Law Review

No abstract provided.

Constitutional Torts, Christina B. Whitman

Articles

In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution …

Extra-Legal Influences, Group Processes, And Jury Decision-Making: A Psychological Perspective, David T. Wasserman, J. Neil Robinson

North Carolina Central Law Review

No abstract provided.

A Powerless Judiciary - The North Carolina Courts' Perceptions Of Review Of Administrative Action, Charles Markham

North Carolina Central Law Review

No abstract provided.

Maryland V. Louisiana, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Punitive Damages And Double Jeopardy: A Critical Perspective Of The Taber Rule, Doyal E. Mclemore Jr.

Indiana Law Journal

No abstract provided.

The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay

Buffalo Law Review

No abstract provided.

World-Wide Volkswagen Corp. V. Woodson: Reflections On The Road Ahead, Kenneth F. Ripple, Mollie A. Murphy

Journal Articles

During its past several terms the Supreme Court of the United States has, after a long period of inactivity, engaged in a reexamination of the constitutional limitations on state court jurisdiction. Last term, in World-Wide Volkswagen Corp. v. Woodson, this reexamination reached a new plateau. Woodson significantly elucidated the constitutional policy considerations underlying this area. Yet, as so often occurs in constitutional litigation, the resolution of old doubts has also brought into sharper focus other yet unresolved issues.

This article has two purposes. First, it will assess the significance of Woodson in the overall doctrinal development of jurisdictional standards. Second, …

Incorporation Of State Law Under The Federal Arbitration Act, Michigan Law Review

Michigan Law Review

This Note proposes a solution to this choice-of-law problem. Section I surveys the courts' response to Congress's silence and finds confusion and disarray. Section II argues that courts should apply the state law pertinent to arbitration unless that law places heavier burdens on arbitration contracts than on other contracts; where state law does discriminatorily burden arbitration, the courts should apply the pertinent state rules applicable to "any contract." It concludes that the "grounds . . . for the revocation of any contract," although determined as a matter of federal policy, are to be found in state law rather than in …

The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman

Buffalo Law Review

No abstract provided.

The Exhaustion Of Local Remedies Rule And Forum Non Conveniens In International Litigation In U.S. Courts, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

No abstract provided.

Can The Federal Courts Keep Order In Their Own House? Appellate Supervision Through Mandamus And Orders Of Judicial Councils, Brent D. Ward

BYU Law Review

No abstract provided.

Personal Jurisdiction And Choice Of Law, James Martin

Michigan Law Review

The time has come for the Supreme Court to declare that a state may not apply its own law to a case unless it has the "minimum contacts" required by International Shoe for the exercise of specific personal jurisdiction over the defendant. Although the present state of the law is less than certain, the Supreme Court has not yet required that a state show it has minimum contacts with a defendant before applying its law. As a result, in some cases where a state has obtained personal jurisdiction because of a defendant's contacts unrelated to the case - contacts such …

Article Iii Limits On Article I Courts: The Constitutionality Of The Bankruptcy Court And The 1979 Magistrates Act, Lucinda M. Finley

Journal Articles

No abstract provided.

An Annotated List Of Major Historic Preservation Court Decisions, Stephen N. Dennis

North Carolina Central Law Review

No abstract provided.

The Role Of The Supreme Court, Raoul Berger

University of Arkansas at Little Rock Law Review

No abstract provided.

Jury Instructions V. Jury Charges, J. Patrick Jones

West Virginia Law Review

No abstract provided.

The Transfer Of Juveniles To Criminal Jurisdiction: State V. M. M., Linda Gay

West Virginia Law Review

No abstract provided.

The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review

Michigan Law Review

A Book Notice about The Process Is the Punishment: Handling Cases in a Lower Criminal Court by Malcolm M. Feeley

The Role Of Ideas In Legal History, Jay M. Feinman

Michigan Law Review

A review of Patterns of American Legal Thought by G. Edward White

Counsel And Contempt: A Suggestion That The Summary Power Be Eliminated, Richard J. Sax

Duquesne Law Review

No abstract provided.

Constitutional Law - Civil Rights Action - Federal Court Review Of State Statutes - Abstention, David C. Levenreich

Duquesne Law Review

The United States Supreme Court has held that federal courts must abstain from intervention into pending state proceedings under the Younger doctrine when the federal plaintiff has an available state court opportunity to raise his federal constitutional claim.

Moore v. Sims, 99 S. Ct. 2371 (1979)

The Brethren-Woodward & Armstrong, James E. Bond

Faculty Articles

James E. Bond reviews Woodward & Armstrong’s The Brethren.

Juror Self-Disclosure In The Voir Dire: A Social Science Analysis, David Suggs, Bruce D. Sales

Indiana Law Journal

No abstract provided.

The Prohibition Of Group-Based Stereotypes In Jury Selection Procedures, Howard M. Klein

Villanova Law Review

No abstract provided.

The Applicability Of Rule 23(E) To Precertification Proceedings: The Functional Approach Applied, Kevin Silverang

Villanova Law Review

No abstract provided.

Federal Practice And Procedure - Comment - Appealability And Finality In The Third Circuit - Is The United States Supreme Court More Appealing Than The Third Circuit, Gary A. Rome

Villanova Law Review

No abstract provided.

Ceremony And Realism: Demise Of Appellate Procedure, Paul D. Carrington

Faculty Scholarship

No abstract provided.