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Articles 31 - 60 of 219
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 …
Remedies: A Course Fit For Civil Procedure Teachers, David I. Levine
Remedies: A Course Fit For Civil Procedure Teachers, David I. Levine
Saint Louis University Law Journal
No abstract provided.
California Practicum: A Guide To Coordination Of Civil Actions In California, Darren L. Brooks
California Practicum: A Guide To Coordination Of Civil Actions In California, Darren L. Brooks
Pepperdine Law Review
No abstract provided.
Scientific Evidence In The Age Of Daubert: A Proposal For A Dual Standard Of Admissibility In Civil And Criminal Cases , William P. Haney Iii
Scientific Evidence In The Age Of Daubert: A Proposal For A Dual Standard Of Admissibility In Civil And Criminal Cases , William P. Haney Iii
Pepperdine Law Review
No abstract provided.
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling
Pepperdine Law Review
No abstract provided.
Populism, Politics, And Procedure: The Saga Of Summary Judgment And The Rulemaking Process In California, Glenn S. Koppel
Populism, Politics, And Procedure: The Saga Of Summary Judgment And The Rulemaking Process In California, Glenn S. Koppel
Pepperdine Law Review
The California Constitution gives the primary power to promulgate rules of civil procedure for the state courts to the legislature and the people, leaving the state’s Judicial Council with residual, or secondary, authority to adopt rules of procedure and court administration “when and where the higher authority of the Legislature and the people has not been exercised.” This Article demonstrates how this legislative rulemaking process, referred to herein as “legislative primacy,” does not work because, as of the writing of this article in 1997, it produced ineffective statutory summary judgment law.
Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet
Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet
Pepperdine Law Review
No abstract provided.
Show Me The Money: Mcclurg V. Deaton And The Introduction Of A Defense As To Damages Only For Default Judgments In South Carolina, Jessica L. O'Neil
Show Me The Money: Mcclurg V. Deaton And The Introduction Of A Defense As To Damages Only For Default Judgments In South Carolina, Jessica L. O'Neil
South Carolina Law Review
No abstract provided.
Ashcroft V. Iqbal: Contempt For Rules, Statutes, The Constitution, And Elemental Fairness, Steve Subrin
Ashcroft V. Iqbal: Contempt For Rules, Statutes, The Constitution, And Elemental Fairness, Steve Subrin
Nevada Law Journal
No abstract provided.
Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel
Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Carnival Cruise Lines, Inc. V. Shute: The Titanic Of Worst Decisions, Linda S. Mullenix
Carnival Cruise Lines, Inc. V. Shute: The Titanic Of Worst Decisions, Linda S. Mullenix
Nevada Law Journal
No abstract provided.
Mcintyre In Context: A Very Personal Perspective, Arthur R. Miller
Mcintyre In Context: A Very Personal Perspective, Arthur R. Miller
South Carolina Law Review
No abstract provided.
A Reflection On American Justice At A Crossroads: A Public And Private Crisis, Maureen A. Weston
A Reflection On American Justice At A Crossroads: A Public And Private Crisis, Maureen A. Weston
Pepperdine Dispute Resolution Law Journal
In April, 2010, a prominent group of judges, attorneys, academics, private dispute resolution professionals, and policymakers gathered to reflect upon the current state and future of the American justice system. A symposium entitled American Justice at a Crossroads: A Public and Private Crisis was held at Pepperdine University School of Law under the joint sponsorship of the Straus Institute for Dispute Resolution, the Pepperdine Dispute Resolution Law Journal, and the International Institute for Conflict Prevention and Resolution (CPR Institute). This special symposium edition of the Journal is comprised of select papers and speeches presented at that event and provide thoughtful …
Economical Litigation Agreements: The "Civil Litigation Prenup" Need, Basis, And Enforceability , Daniel B. Winslow, Alexandra Bedell-Healy
Economical Litigation Agreements: The "Civil Litigation Prenup" Need, Basis, And Enforceability , Daniel B. Winslow, Alexandra Bedell-Healy
Pepperdine Dispute Resolution Law Journal
This article identifies the basis and limits of the parties' abilities to define and enforce discovery in an ex ante contract. Despite the deficiencies of litigation, the free, public dispute resolution forum of the civil justice system provides significant value in commercial disputes. That value can be used to maximum mutual advantage only if parties replace the infinite discovery permitted in conventional litigation with the finite discovery contracted in Economical Litigation Agreement (ELA) litigation. This article will help parties to understand the benefit and enforceability of the ELA.
Getting To Yes In Specialized Courts: The Unique Role Of Adr In Business Court Cases, Bejamin F. Tennille, Lee Applebaum, Anne Tucker Nees
Getting To Yes In Specialized Courts: The Unique Role Of Adr In Business Court Cases, Bejamin F. Tennille, Lee Applebaum, Anne Tucker Nees
Pepperdine Dispute Resolution Law Journal
The assumed compatibility between ADR and specialized courts is largely unexamined. Without being able to statistically validate the motivations and preferences of individual disputants in a manner to draw generalized conclusions, this article examines the relationship between ADR and specialized business courts by looking at how the two are structurally intertwined through existing procedural rules and implementation practices. Part I of this article describes the foundational structures and concepts behind both ADR and specialized business courts, as well as the similarities and differences between them. Part II explores the existing formal structural relationship between ADR and specialized courts by examining …
Keynote Address: Civil Justice At A Crossroads , Rebecca Love Kourlis
Keynote Address: Civil Justice At A Crossroads , Rebecca Love Kourlis
Pepperdine Dispute Resolution Law Journal
I really do believe that, as your title suggests, the civil justice system is at a crossroads and that, as a result, we all have new opportunities and old responsibilities. Four years ago, concerns about skyrocketing costs, unprofessional gamesmanship, and long delays in civil litigation were the stuff of grousing and shoulder shrugs. We all had a level of fatalism or cynicism about our inability to change any of those factors. Now, that is not true. There is a window of opportunity that has opened-a convergence of various forces resulting in a willingness of decision-makers to consider change. As a …
The Impact Of The Civil Jury On American Tort Law, Michael D. Green
The Impact Of The Civil Jury On American Tort Law, Michael D. Green
Pepperdine Law Review
This article, a contribution to a symposium on the what American tort law can contribute to the rest of the world expresses skepticism that a considerable swath of U.S. tort law would be of interest to the rest of the world. The thesis is that American tort law has been shaped by the existence of the civil jury, unique to the U.S, and areas of domestic tort law so influenced have no utility internationally. The article catalogues many such areas and discusses several of them.
From “Cases” To “Litigation” To “Contract”: A Comment On Stability In Civil Procedure, David Marcus
From “Cases” To “Litigation” To “Contract”: A Comment On Stability In Civil Procedure, David Marcus
Saint Louis University Law Journal
No abstract provided.
Making Sense Of Twombly, Edward D. Cavanaugh
Making Sense Of Twombly, Edward D. Cavanaugh
South Carolina Law Review
No abstract provided.
Punitive Damages In South Carolina: With Clarity Comes Uncertainty, Kyle A. Brannon
Punitive Damages In South Carolina: With Clarity Comes Uncertainty, Kyle A. Brannon
South Carolina Law Review
No abstract provided.
A Moral Rights Theory Of Private Law, Andrew S. Gold
A Moral Rights Theory Of Private Law, Andrew S. Gold
William & Mary Law Review
Private law—the law of torts, contracts, and property—is at an interpretive impasse. The two leading conceptual theories of private law—corrective justice and civil recourse theories—both suffer from significant weaknesses. Given these concerns, private law may even seem incoherent. The problem is not insurmountable, however. This Article offers a new way to understand private law. I will argue that private law is best understood as a means for individuals to exercise their moral enforcement rights.
Moral enforcement rights exist when an individual may legitimately use coercion to force another individual to comply with his or her moral duties. Not all interpersonal …
Plausibility Pleading Employment Discrimination, Charles A. Sullivan
Plausibility Pleading Employment Discrimination, Charles A. Sullivan
William & Mary Law Review
The Supreme Court’s unanimous 2002 decision in Swierkiewicz v. Sorema N.A., which took a very permissive approach to pleading discrimination claims, may or may not remain good law after Ashcroft v. Iqbal. As is well known, Iqbal took a restrictive approach to pleading generally under the Federal Rules of Civil Procedure, and its application to employment discrimination cases could pose serious problems for plaintiffs attempting to get into federal court. In addition, there is certainly a tension between Swierkiewicz and Iqbal. This is in part because the former is a strong reaffirmation of notice pleading as it has traditionally been …
Civil Procedure, Jack H. Friedenthal
Civil Procedure, Jack H. Friedenthal
Cal Law Trends and Developments
One of the more important recent developments in California procedural law is the enactment of an entirely new set of provisions dealing with personal jurisdiction and service of process. The new procedure is effective July 1, 1970, and will alter substantially a number of current practices.
Discoverability Of Private Investigator Surveillance In South Carolina: Navigating The Work Product Doctrine Under Samples V. Mitchell, Bradford J. Gower
Discoverability Of Private Investigator Surveillance In South Carolina: Navigating The Work Product Doctrine Under Samples V. Mitchell, Bradford J. Gower
South Carolina Law Review
No abstract provided.
Should A Scintilla Be Enough - The Proper Standard For Summary Judgment In South Carolina, Aaron J. Hayes
Should A Scintilla Be Enough - The Proper Standard For Summary Judgment In South Carolina, Aaron J. Hayes
South Carolina Law Review
No abstract provided.
Interpreting The Phrase "Newly Discovered Evidence": May Previously Unavailable Exculpatory Testimony Serve As The Basis For A Motion For A New Trial Under Rule 33?, Mary Ellen Brennan
Interpreting The Phrase "Newly Discovered Evidence": May Previously Unavailable Exculpatory Testimony Serve As The Basis For A Motion For A New Trial Under Rule 33?, Mary Ellen Brennan
Fordham Law Review
Rule 33 of the Federal Rules of Criminal Procedure permits a federal court to grant a new trial to a criminal defendant if the “interest of justice so requires,” specifying as one potential basis the availability of “newly discovered evidence.” The federal circuit courts have disagreed as to whether postconviction testimony proffered by a codefendant who had remained silent at trial may serve as the basis for a Rule 33 motion grounded on newly discovered evidence. A majority of the federal circuits, including, most recently, the U.S. Court of Appeals for the Second Circuit, have held that, while a codefendant’s …