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Legal History

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Civil procedure

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Full-Text Articles in Law

Federal Rules Of Private Enforcement, Luke Norris, David L. Noll Jan 2023

Federal Rules Of Private Enforcement, Luke Norris, David L. Noll

Law Faculty Publications

The Federal Rules of Civil Procedure were made for a different world. Fast approaching their hundredth anniversary, the Rules reflect the state of litigation in the first few decades of the twentieth century and the then-prevailing distinction between "substantive" rights and the "procedure" used to adjudicate them. The role of procedure, the rulemakers believed, was to resolve private disputes fairly and efficiently. Today, a substantial portion of litigation in federal court is brought under regulatory statutes that deploy private lawsuits to enforce public regulatory policy. This type of litigation, which scholars refer to as "private enforcement," is the engine for …


The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson Jan 2006

The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson

Law Faculty Publications

This article describes the separation of common law and equity in Virginia leading up to the 2006 merger of common law and equity pleading and the problems that remain to be solved by the courts.


Notes On Virginia Civil Procedure, William Hamilton Bryson Jan 1979

Notes On Virginia Civil Procedure, William Hamilton Bryson

Law Faculty Publications

This book is an outline of the introductory course on Virginia civil procedure which the author teaches at University of Richmond. The purpose of this publication is to give the students an introduction to the subject which can be read prior to the classroom discussion. It is a very brief sketch of the subject, but there are references in the footnotes to cases and statutes or to secondary works which give case references. The scope of my course and of this book excludes all federal law, criminal law and habeas corpus, evidence, creditors' rights, and probate proceedings; these matters are …