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Articles 1 - 9 of 9
Full-Text Articles in Law
An Intent-Based Approach To The Acceptance Of Benefits Doctrine In The Federal Courts, Benson K. Friedman
An Intent-Based Approach To The Acceptance Of Benefits Doctrine In The Federal Courts, Benson K. Friedman
Michigan Law Review
This Note discusses the question of when federal courts should allow a party who accepts payment of a judgment subsequently to appeal the deficiency of the award. Part I examines the discrepancies currently existing in the acceptance of benefits doctrine as applied by the federal courts. Part II analogizes this issue to the law of implied-in-fact contracts and argues that accepting the benefits of a judgment should not prevent an appeal unless circumstances clearly indicate a mutual intent to settle all claims and thereby terminate litigation. Part III contends that, under the doctrine expressed in Erie Railroad v. Tompkins, …
Removal And The Eleventh Amendment: The Case For District Court Remand Discretion To Avoid A Bifurcated Suit, Mitchell N. Berman
Removal And The Eleventh Amendment: The Case For District Court Remand Discretion To Avoid A Bifurcated Suit, Mitchell N. Berman
Michigan Law Review
This Note concludes that the Sixth Circuit was half right: when a civil action names both state and private defendants - what this Note terms a "mixed case" - and when the claims against private defendants arise under federal law, the district court must grant removal of the case8 and must remand the claims against the state defendant. However, this Note also observes that the Fifth Circuit probably achieved the better result. After defendants have removed a mixed case to federal court and the district court has remanded the barred claims, the dual court systems and the parties will usually …
Bankruptcy Courts And Stare Decisis: The Need For Restructuring, Jeffrey J. Brookner
Bankruptcy Courts And Stare Decisis: The Need For Restructuring, Jeffrey J. Brookner
University of Michigan Journal of Law Reform
Part I of this Note provides background by summarizing the rules of stare decisis. Part II refutes the contention that the present court structure allows bankruptcy judges not to follow domestic district court precedent. Part II asserts that, in pursuit of legitimate ends, bankruptcy judges have employed illegitimate means. Finally, Part II contends that bankruptcy judges are better equipped to make bankruptcy decisions than district judges. Part III concludes that the bankruptcy system should be restructured to allow bankruptcy judges to make decisions without being constrained by district court precedent or appeals. Such reform could achieve the substantive goals desired …
Is There A Law Of Federal Courts, Gene R. Nichol
Is There A Law Of Federal Courts, Gene R. Nichol
West Virginia Law Review
No abstract provided.
Constitutional Judgment, Gene R. Nichol
Constitutional Judgment, Gene R. Nichol
Michigan Law Review
A Review of Constitutional Interpretation by Philip Bobbitt
Business Documents Obtained By A Federal Regulatory Agency Pursuant To Civil Discovery: Are They Subject To Public Disclosure?, Dennis B. Keene
Business Documents Obtained By A Federal Regulatory Agency Pursuant To Civil Discovery: Are They Subject To Public Disclosure?, Dennis B. Keene
University of Miami Business Law Review
No abstract provided.
A Unified Theory Of Transnational Procedure, Spencer Weber Waller
A Unified Theory Of Transnational Procedure, Spencer Weber Waller
Cornell International Law Journal
No abstract provided.
Pathfinder: Tribal, Federal, And State Court Subject Matter Jurisdictional Bounds: Suits Involving Native American Interests, John W. Gillingham
Pathfinder: Tribal, Federal, And State Court Subject Matter Jurisdictional Bounds: Suits Involving Native American Interests, John W. Gillingham
American Indian Law Review
No abstract provided.
Expert Witness Fees In Federal Diversity Cases., Wade P. Webster
Expert Witness Fees In Federal Diversity Cases., Wade P. Webster
St. Mary's Law Journal
Even with the increasing complexity of litigation and the increased utilization of expert witnesses to provide expensive evidence on narrow scientific and technical issues, Congress still limits compensation of expert witnesses to only forty dollars per day, the same rate as ordinary fact witnesses. The justification for the low rate is that the witness fee statute was not intended by Congress to compensate witnesses fully for their lost time and income. Presumably this same reasoning also applies to expert witnesses. The problem with this reasoning, unlike law witnesses who may be compelled by subpoena, individual litigants must pay the fees …