Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Discovery Of Expert Information Under The Federal Rules
Discovery Of Expert Information Under The Federal Rules
University of Richmond Law Review
With the adoption of extensive pretrial discovery mechanisms, preparation for trial in the federal system underwent a dramatic alteration. Instead of relying upon pleadings to perform the tasks of notice-giving, issue formulation, and fact-revelation, the various discovery devices available under the Federal Rules of Civil Procedure allow the parties "to obtain the fullest possible knowledge of the issues and facts before trial."' Discovery was created to promote the just, speedy, and inexpensive disposal of litigation. To this end, discovery serves to (1) facilitate the formulation and narrowing of issues; (2) protect against unfair surprise during trial; (3) detect any superflous …
A Guide To The Law Of Fair Employment, Benjamin Werne
A Guide To The Law Of Fair Employment, Benjamin Werne
University of Richmond Law Review
In the field of civil rights, there are broad, cumulative remedies available to the aggrieved party. The fabric of these remedies is an amalgam of various and varying statutes, judicial holdings, administrative determinations and arbitral awards. The following article attempts a distillation of current law-much of which is further complicated by conflicting decisions.
The Class Action And Title Vii- An Overview
The Class Action And Title Vii- An Overview
University of Richmond Law Review
The class action device and Title VII enforcement go hand in hand. In a proper case, a suit alleging a violation of Title VII is by nature a class action since it attempts to remedy the effects of employment discrimination on the basis of a class characteristic. As in any other case, however, a class action is permitted only if the requirements of Rule 23 of the Federal Rules of Civil Procedure are met. Before certifying an action as a class action' the court must determine that (1) the class is so numerous that joinder of its members is impracticable …
Constitutional Law- Civil Rights- Representative Party Need Only Show Sufficient Nexus With Class For Title Vii Class Action To Continue
University of Richmond Law Review
For many years the brunt of racial discrimination was sorely felt in the area of employment. Today, however, an employee or job applicant who desires to redress an alleged racially discriminatory employment practice has two statutory remedies: 42 U.S.C. § 1981, and Title VII of the Civil Rights Act of 1964. Under section 1981, all citizens "have the same right .. . to make and enforce contracts," which necessarily includes the right to contract for employment. It has been established that an action under this section may be brought alleging racial discrimination in employment without demonstrating state action. Title VII …