Law Commons^™

Developing Standards Under Amended Rule 11 Of The Federal Rules Of Civil Procedure, Edward D. Cavanagh

Faculty Publications

(Excerpt)

Rule 11 of the Federal Rules of Civil Procedure is designed to ensure the integrity of pleadings and other papers filed in federal district court. The rule was amended in 1983 in response to the widely held perception that its provisions, as originally promulgated, had proven ineffective in deterring strike suits, litigation abuses, and lawsuits used as instruments of delay and oppression. Amended Rule 11 introduces more stringent standards designed to make attorneys stop and think about their legal obligations before signing pleadings and motions. These obligations are reinforced by imposing mandatory sanctions upon violation of the standards. The …

Injury And The Disintegration Of Article Iii, Gene R. Nichol

Faculty Publications

No abstract provided.

Economic Development In Indian Country: What Are The Questions?, Frank Pommersheim

Faculty Publications

No abstract provided.

Unprofitable Mergers: Toward A Market-Based Legal Response, George W. Dent

Faculty Publications

The reams of commentary on corporate mergers, acquisitions, and tender offers have focused largely on protection of shareholders of acquired (or target) companies from both the depredations of acquiring (or raider) companies and the cupidity of their own managements in either negotiating the terms or obstructing the accomplishment of transactions. Virtually no attention has been paid to the plight of shareholders of acquiring companies devastated by unwise acquisitions. This oversight is surprising: some acquisitions have been spectacular disasters, destroying hundreds of millions of dollars in the value of the acquiring company's stock.1 Nor are these isolated cases: on average, acquisitions …

The Law Of Confessions: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

Insanity And Related Issues, Paul C. Giannelli

Faculty Publications

No abstract provided.

Sharon Vs Time: The Criminal Responsibility Under International Law For Civilian Massacres, Linda A. Malone

Faculty Publications

No abstract provided.

Joint Criminal Participation: Establishing Responsibility, Abandonment, Paul Marcus

Faculty Publications

No abstract provided.

Judicial Review Of Administrative Discretion, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil

Faculty Publications

No abstract provided.

When Doctrines Collide: Corporate Negligence And Respondeat Superior When Hospital Employees Fail To Speak Up, I. Trotter Hardy

Faculty Publications

No abstract provided.

Defining A Water Ethic Through Comprehensive Reform: A Suggested Framework For Analysis, Lynda L. Butler

Faculty Publications

No abstract provided.

Defining Effective Civil Rights Enforcement In Education, Neal Devins

Faculty Publications

No abstract provided.

Book Review Of The Supreme Court And Constitutional Democracy, Neal Devins

Faculty Publications

No abstract provided.

The Possible Final Word On Employment Discrimination Relief, Neal Devins

Faculty Publications

No abstract provided.

Generic Competition And Pharmaceutical Innovation: The Drug Price Competition And Patent Term Restoration Act Of 1984, James J. Wheaton

Faculty Publications

This article critiques the Drug Price Competition and Patent Term Restoration Act of 1984. Part I traces the background of the two major sections of the Act by examining the recent trend toward generic competition in the pharmaceutical industry and the need perceived by some industry observers for additional incentives to pharmaceutical research. Part II of the article describes and discusses the sections of the Act designed to benefit the two segments of the pharmaceutical industry. Part III addresses the likely effect of the Act on generic competition, and Part IV provides a parallel analysis for the research-intensive pharmaceutical firms. …

Righting Past Wrongs: When Affirmative Action May Be Reverse Discrimination, Neal Devins

Faculty Publications

No abstract provided.

Limiting Losses Attributable To Nonrecourse Debt: A Defense Of The Traditional System Against The At-Risk Concept, Glenn E. Coven

Faculty Publications

No abstract provided.

Discovery Against The Defense: Tilting The Adversarial Balance, Robert P. Mosteller

Faculty Publications

No abstract provided.

A Policy Analysis Of Fee-Shifting Rules Under The Internal Revenue Code, Gary Myers, Richard L. Schmalbeck

Faculty Publications

Until recently, the costs of litigating federal tax cases were borne exclusively by the parties who incurred them, regardless of whether the government or the taxpayer prevailed in the litigation. This practice reflects the application to tax disputes of the ‘American rule’ against fee shifting. Although the American rule continues to be predominant in the tax area, it has been modified in important respects. An explicit fee-reimbursement rule, benefiting prevailing taxpayers in cases in which the government is found to have acted unreasonably, was added to the Internal Revenue Code (IRC) by the Tax Equity and Fiscal Responsibility Act of …

How Successfully Can The States' Item Veto Be Transferred To The President?, Louis Fisher, Neal Devins

Faculty Publications

No abstract provided.

Constitutional Rights Without Remedies: Judicial Review Of Underinclusive Legislation, Bruce K. Miller, Neal Devins

Faculty Publications

No abstract provided.

Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne

Faculty Publications

No abstract provided.

Avoidability Of Intercorporate Guarantees Under Sections 548(A)(2) And 544(B) Of The Bankruptcy Code, Scott F. Norberg

Faculty Publications

No abstract provided.

Contract Principles As A Guide For Protecting Intellectual Property Rights In Computer Software: The Limits Of Copyright Protection, The Evolving Concept Of Derivative Work, And The Proper Limits Of Licensing Arrangements, Thomas Lee Hazen

Faculty Publications

No abstract provided.

Unprecedential Analysis And Original Intent, William P. Marshall

Faculty Publications

No abstract provided.

Injury And The Disintegration Of Article Iii, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

Religion And The State (Introduction), Gene R. Nichol

Faculty Publications

No abstract provided.

The Intellectual Development Of Modern Products Liability Law: A Comment On Priest's View Of The Cathedral's Foundations, David G. Owen

Faculty Publications

No abstract provided.

The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams

Faculty Publications

When a federal court resolves equipoise in its effort to determine the contours of a litigant class created by an express private cause of action, the court should consider the control that the Federal Rules of Civil Procedure, taken as a whole, exercise on the conduct of litigation. With civil RICO as background, part II presents this thesis and discusses the circumstances in which procedural control would be an element supporting a determination *1481 that Congress created a broad litigant class. Implicit in the notion of equipoise is the threshold recognition that when a court engages in statutory interpretation, it …