Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Law

The Right To Jury Trial In Idaho Civil Cases: Origins, Purpose, And Selected Applications, John E. Rumel Jan 2022

The Right To Jury Trial In Idaho Civil Cases: Origins, Purpose, And Selected Applications, John E. Rumel

Articles

No abstract provided.


Patagonia Vs. Trump, Richard Henry Seamon Jan 2018

Patagonia Vs. Trump, Richard Henry Seamon

Articles

No abstract provided.


Around The World Of Securities Fraud In Eighty Motions To Dismiss, Wendy Gerwick Couture Jan 2014

Around The World Of Securities Fraud In Eighty Motions To Dismiss, Wendy Gerwick Couture

Articles

No abstract provided.


Fresh Look At Punitive Damages, Richard Henry Seamon Jan 2010

Fresh Look At Punitive Damages, Richard Henry Seamon

Articles

No abstract provided.


Iqbal, Twombly, And The Expected Cost Of False Positive Error, Mark Anderson Jan 2010

Iqbal, Twombly, And The Expected Cost Of False Positive Error, Mark Anderson

Articles

Iqbal and Twombly introduced a new standard for pleading federal claims by overruling five-decades old language from Conley v. Gibson. Instead of plaintiffs being entitled to discovery unless the complaint affirmatively forecloses the possibility of recovery, Iqbal and Twombly require a more searching evaluation of the complaint under an ambiguous "plausibility" standard. The policy behind this increased burden on plaintiffs is to prevent the false positive error that burdensome discovery creates. How the plausibility standard from Iqbal and Twombly should operate in the real world is poorly understood. There is general acknowledgement that no clear guidance exists about how to …


Civil Procedure In Idaho: An Examination Of Significant Differences Between The Rules Of Procedure Of The Idaho State And Federal Courts, Katie Ball Jan 2009

Civil Procedure In Idaho: An Examination Of Significant Differences Between The Rules Of Procedure Of The Idaho State And Federal Courts, Katie Ball

Articles

The University of Idaho College of Law celebrates its centennial this year. The rules of civil procedure do not have that lengthy a history, but they are still a critical part of current legal education and any civil practice. Civil practitioners choosing an Idaho forum have two court system options for many types of cases-the federal courts or the state courts. The goal of this article is to point out the significant differences in the state and federal civil procedural rules for Idaho practitioners. It is meant to particularly address those Idaho attorneys who have practiced primarily or exclusively in …


Loud Rules, Wendy Gerwick Couture Jan 2007

Loud Rules, Wendy Gerwick Couture

Articles

No abstract provided.


An Analysis Of Jurisdictional Issues Arising From Eastern Enterprises V. Apfel, Richard Henry Seamon Jan 2000

An Analysis Of Jurisdictional Issues Arising From Eastern Enterprises V. Apfel, Richard Henry Seamon

Articles

No abstract provided.


The Hourglass And Due Process: The Propriety Of Time Limits On Civil Trials, John E. Rumel Jan 1992

The Hourglass And Due Process: The Propriety Of Time Limits On Civil Trials, John E. Rumel

Articles

No abstract provided.


Post-Trial Motions In Private Antitrust Actions: A Practitioner's Guide, John E. Rumel Jan 1990

Post-Trial Motions In Private Antitrust Actions: A Practitioner's Guide, John E. Rumel

Articles

No abstract provided.


Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt Jan 1990

Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt

Articles

No abstract provided.