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Articles 1 - 4 of 4
Full-Text Articles in Law
Res Judicata/Preclusion By Judgment: The Law Applied In Federal Courts, Allan D. Vestal
Res Judicata/Preclusion By Judgment: The Law Applied In Federal Courts, Allan D. Vestal
Michigan Law Review
Preclusion is not a simple principle; it is a multifaceted concept affected by a number of relevant variables. A discussion of the principles is meaningful only if specific situations are discussed; to talk in generalities is not profitable. Therefore, for the sake of clarity, this Article will consider several typical situations.
Swift To Erie/York, Hanna And Beyond: Proposed Solutions For A Major Problem Of Diversity Jurisdiction, E. Blythe Stason Jr.
Swift To Erie/York, Hanna And Beyond: Proposed Solutions For A Major Problem Of Diversity Jurisdiction, E. Blythe Stason Jr.
University of Michigan Journal of Law Reform
There are four purposes of this article: First, to expose more fully the nature and dimensions of the difficult problem of determining whether a particular rule is "substantive" or "procedural"; Second, to discuss the various judicial attempts to solve it; Third, to show the shortcomings of those attempts, as manifested in both established doctrine and current federal judicial opinions; and, Fourth, to propose some solutions. It should be made clear that we are involved here with a question of allocating power within our federal union. Diversity characterization functions as an unintended device allocating power between state …
Federal Courts--Discovery--Stay Of Discovery In Civil Court To Protect Proceedings In Concurrent Criminal Action--The Pattern Of Remedies, Michigan Law Review
Federal Courts--Discovery--Stay Of Discovery In Civil Court To Protect Proceedings In Concurrent Criminal Action--The Pattern Of Remedies, Michigan Law Review
Michigan Law Review
The federal criminal discovery rules were a carefully weighed compromise between the parties' needs for information and the defendant's need for protection from inquisatorial investigation. This balance may be upset when the more liberal discovery rules in a concurrent, related civil action permit information to be obtained which is not discoverable under the criminal rules. Two recent cases, United States v. Simon and United States v. American Radiator &- Standard Sanitary Corp., illustrate the difficulty of protecting the integrity of the criminal discovery rules in such a situation.
Recent Developments In The Law Of Search And Seizure, Jerold H. Israel
Recent Developments In The Law Of Search And Seizure, Jerold H. Israel
Book Chapters
This article is designed to provide a survey of recent decisions dealing with several important issues in the area of search and seizure. It is intended primarily as a basic collection of sources. I have, therefore, sought to keep my own commentary at a minimum and the citations to relevant cases at a maximum. Wherever space permits, I have let the courts speak for themselves. In most instances, however, it has been necessary to provide fairly general descriptions of the cases.