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Full-Text Articles in Law

Civil Procedure And Economic Inequality, Maureen Carroll Jan 2020

Civil Procedure And Economic Inequality, Maureen Carroll

Articles

How well do procedural doctrines attend to present-day economic inequality? This Essay examines that question through the lens of three doctrinal areas: the “irreparable harm” prong of the preliminary injunction standard, the requirement that discovery must be proportional to the needs of the case, and the due process rights of class members in actions for injunctive relief. It concludes that in each of those areas, courts and commentators could do more to take economic inequality into account.


Parens Patriae Run Amuck: The Child Welfare System's Disregard For The Constitutional Rights Of Non-Offending Parents, Vivek Sankaran Jan 2009

Parens Patriae Run Amuck: The Child Welfare System's Disregard For The Constitutional Rights Of Non-Offending Parents, Vivek Sankaran

Articles

Over the past hundred years, a consensus has emerged recognizing a parent's ability to raise his or her child as a fundamental, sacrosanct right protected by the Constitution. Federal courts have repeatedly rejected the parens patriae summary mode of decision making that predominated juvenile courts at the turn of the twentieth century and have instead held that juvenile courts must afford basic due process to parents prior to depriving them of custodial rights to their children. This recognition has led to the strengthening of procedural protections for parents accused of child abuse or neglect in civil child protection proceedings. Yet, …


Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber Apr 1988

Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber

University of Michigan Journal of Law Reform

This Article examines whether Rule 23(b)(2) violates the procedural due process rights of absent class members by binding them to the judgment in a class case without notice of the suit. It concludes that the Rule almost certainly violates due process and proposes a reform that would permit nonbinding class actions similar to the old "spurious" class suits.


Compulsory Process, Right To, Peter K. Westen Jan 1986

Compulsory Process, Right To, Peter K. Westen

Book Chapters

The first state to adopt a constitution following the Declaration of Independence (New Jersey, 1776) guaranteed all criminal defendants the same ‘‘privileges of witnesses’’ as their prosecutors. Fifteen years later, in enumerating the constitutional rights of accused persons, the framers of the federal Bill of Rights bifurcated what New Jersey called the ‘‘privileges of witnesses’’ into two distinct but related rights: the Sixth Amendment right of the accused ‘‘to be confronted with the witnesses against him,’’ and his companion Sixth Amendment right to ‘‘compulsory process for obtaining witnesses in his favor.’’ The distinction between witnesses ‘‘against’’ the accused and witnesses …


Civil Procedure-Judgements-Mutuauty As Requirement For Assertion Of Collateral Estoppel Against Claimant Who Was Claimee In Prior Action, William E. Wickens Jan 1964

Civil Procedure-Judgements-Mutuauty As Requirement For Assertion Of Collateral Estoppel Against Claimant Who Was Claimee In Prior Action, William E. Wickens

Michigan Law Review

Plaintiff corporations, the sole shareholder of which was their president, sued defendant insurers to recover for the alleged theft of the corporations' furs. In an earlier criminal action, the president (conceded by the corporations to be their mere alter ego for purposes of res judicata) had been convicted of attempted grand theft, conspiracy to commit grand theft, and the filing of fraudulent insurance claims for loss of the same furs; it was there determined that the president had staged the theft of the furs. In plaintiffs' civil action, the superior court rejected defendants' plea of collateral estoppel as to the …


Constitutional Law - Due Process - Notice Required To Validate Tax Foreclosure Of Property Of Known Mental Incompetent, Frank M. Lacey S.Ed. Dec 1956

Constitutional Law - Due Process - Notice Required To Validate Tax Foreclosure Of Property Of Known Mental Incompetent, Frank M. Lacey S.Ed.

Michigan Law Review

On May 8, 1952, the town of Somers instituted an action to foreclose a number of tax liens. One of these was upon the property owned by a person known in the community to be a mental incompetent, but who had not yet been so certified by a court. Notice was given to the incompetent taxpayer in compliance with the statute by mail, posting, and publication. When she failed to answer within the prescribed period, foreclosure was entered and a deed to her property delivered to the town. Five days later she was declared a person of unsound mind, and …


Judgments - Double Jeopardy - Res Judicata - Effect Of Prior Conviction Or Acquittal On Subsequent Suit For Statutory Penalty Or Forfeiture, Edward W. Rothe S.Ed. Jun 1950

Judgments - Double Jeopardy - Res Judicata - Effect Of Prior Conviction Or Acquittal On Subsequent Suit For Statutory Penalty Or Forfeiture, Edward W. Rothe S.Ed.

Michigan Law Review

The case of United States v. One De Soto Sedan has again focused attention on some of the perplexing problems raised by the statutory imposition of both criminal and civil sanctions for the same wrongful act. The court held that an acquittal in a criminal prosecution for possessing liquor on which no federal tax had been paid was a bar to a civil in rem proceeding to forfeit claimant's car as having been used in the removal, deposit and concealment of the same liquor with intent to defraud the United States of taxes. Since the two proceedings involved the same …


Judgments-Setting Aside-Failure Of "Local Agent" To Notify Corporation Of Service Of Summons, Lloyd J. Tyler, Jr. Jun 1950

Judgments-Setting Aside-Failure Of "Local Agent" To Notify Corporation Of Service Of Summons, Lloyd J. Tyler, Jr.

Michigan Law Review

Service of summons was made upon a ticket agent employed by a lessee of the defendant coach line in accordance with a North Carolina statute which provides that any person receiving or collecting money within the state for a corporation is a ''local agent" for the purpose of service of process. This agent did not notify the defendant corporation of the summons, and a default judgment was entered. On appeal it was held that the judgment should not be set aside for want of service of summons, since the ticket agent was within the statutory definition of ''local agent." The …


Parties - Whether Action For Money Judgment By Holder Of Unsecured Bonds Constitutes "Class" Suit Binding On All Owners Of That Series Who Did Not Appear, William Houston Oct 1944

Parties - Whether Action For Money Judgment By Holder Of Unsecured Bonds Constitutes "Class" Suit Binding On All Owners Of That Series Who Did Not Appear, William Houston

Michigan Law Review

The Chicago Board of Education had issued a certain series of refunding bonds, and later defaulted on interest coupons, numbered 16, attached to the bonds. Prior to the present suit a suit in equity had been instituted against the board by some of the owners of these bonds, on behalf of themselves and all other owners of bonds in this series, in which they prayed for judgment for the amount of interest due to each owner, together with costs, and attorney's fees. Defendant made a motion, to dismiss that suit on the ground that such action could not be maintained …


Service As A Requirement Of Due Process In Actions In Personam, Charles Kellogg Burdick Feb 1922

Service As A Requirement Of Due Process In Actions In Personam, Charles Kellogg Burdick

Michigan Law Review

A prime requisite of due process is, of course, that the court shall have jurisdiction of the subject-matter. "To give such proceedings any validity, there must be a tribunal competent by its constitution-that is, by the law of its creation-to pass upon the subject-matter of the suit."' In proceedings in personam-proceedings to determine the personal liability of the defendant, no property being brought by the proceedings within the control of the court-the court must also have jurisdiction of the defendant. Attempts have repeatedly been made to take jurisdiction of nonresident defendants through service by publication or through personal service made …


Due Process Of Law In Procedure, Edson R. Sunderland Jan 1921

Due Process Of Law In Procedure, Edson R. Sunderland

Articles

There are two classes of cases which may arise under the "due process" provisions of the 5th and 14th Amendments of the United States Constitution, so far as rules of procedure are concerned. One embraces cases of new remedial processes which may be criticized as too radical. The other consists of cases of old processes which may be criticized as obsolete and out of harmony with prevailing conceptions of justice. Due process may thus be said to fill the wide space between those innovations which carry us so far away from established methods as to remove the safeguards which are …