Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 5 of 5
Full-Text Articles in Law
Proportionality, Pretrial Confidentiality, And Discovery Sharing, Dustin B. Benham
Proportionality, Pretrial Confidentiality, And Discovery Sharing, Dustin B. Benham
Washington and Lee Law Review
No abstract provided.
I Like To Move It, Move It: Partialvenue Transfer For Less Than A Fulllegal Action, Krystal Brunner Swendsboe
I Like To Move It, Move It: Partialvenue Transfer For Less Than A Fulllegal Action, Krystal Brunner Swendsboe
Washington and Lee Law Review
No abstract provided.
The Federal Rules At 75: Dispute Resolution, Private Enforcement Or Decisions According To Law?, James R. Maxeiner
The Federal Rules At 75: Dispute Resolution, Private Enforcement Or Decisions According To Law?, James R. Maxeiner
Georgia State University Law Review
This essay is a critical response to the 2013 commemorations of the75th anniversary of the Federal Rules of Civil Procedure.The Federal Rules of Civil Procedure were introduced in 1938 to provide procedure to decide cases on their merits. The Rules were designed to replace decisions under the “sporting theory of justice”with decisions according to law.
By 1976, at midlife, it was clear that they were not achieving their goal. America’s proceduralists split into two sides about what to do. One side promotes rules that control and conclude litigation: e.g.,plausibility pleading, case management, limited discovery, cost indemnity for discovery, and summary …
Specificity Or Dismissal: The Improper Extension Of Rule 9(B) To Negligent Misrepresentation As A Deprivation Of Plaintiffs’ Procedural Due Process Rights, Julie A. Cook
William & Mary Bill of Rights Journal
No abstract provided.
Waiving The Duty To Mitigate In Commercial Leases, Jacqueline Sandler
Waiving The Duty To Mitigate In Commercial Leases, Jacqueline Sandler
William & Mary Business Law Review
This Note examines a largely unexplored consequence of jurisdictions adopting a default duty to mitigate for commercial leases: whether a contract provision waiving the duty should be enforced. Only a few courts across the country have addressed the waiver issue in a commercial setting. At least two different appeals courts have enforced a waiver clause and claim that public policy supports their decision. In contrast, a federal court has stated the opposite—that public policy demands waiver provisions be void. Another state has outright voided all waiver clauses by statute. Courts that have enforced waivers have asserted that commercial parties have …