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Full-Text Articles in Law

Straw, Sand, And Sophistry, Stephen B. Burbank Jan 2009

Straw, Sand, And Sophistry, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Time Out, Stephen B. Burbank Jan 2009

Time Out, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Nobody Expects The Spanish Inquisition: A Primer On The Use (And Abuse) Of Ex Parte Proceedings In Civil Cases, Robert Currie Jan 2009

Nobody Expects The Spanish Inquisition: A Primer On The Use (And Abuse) Of Ex Parte Proceedings In Civil Cases, Robert Currie

Articles, Book Chapters, & Popular Press

On any ex parte application, the utmost good faith must be observed. That requires full and frank disclosure of all material facts known to the applicant or counsel that could reasonably be expected to have a bearing on the outcome of the application. Because counsel for the applicant is asking the judge to invoke a procedure that runs counter to the fundamental principle of justice that all sides of a dispute should be heard, counsel is under a super-added duty to the court and other parties to ensure that as balanced a consideration of the issue is undertaken as is …