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Articles 181 - 196 of 196
Full-Text Articles in Law
Depositions Of Corporations: Problems And Solutions-Fed. R. Civ. P. 30(B)(6), M. Minnette Massey
Depositions Of Corporations: Problems And Solutions-Fed. R. Civ. P. 30(B)(6), M. Minnette Massey
Articles
No abstract provided.
Use Of The Freedom Of Information Act For Discovery Purposes, Edward A. Tomlinson
Use Of The Freedom Of Information Act For Discovery Purposes, Edward A. Tomlinson
Faculty Scholarship
No abstract provided.
Discovery In Kentucky: An Overview, Richard H. Underwood
Discovery In Kentucky: An Overview, Richard H. Underwood
Law Faculty Scholarly Articles
Discovery receives short shrift in the law school curriculum. Although students are introduced to the subject in a first year course on Civil Procedure, the "bathtub effect" usually takes its toll by graduation day. That is, after the first year, the plug is pulled and the student's knowledge drains away. Moreover, it is difficult to teach discovery in third year programs on trial advocacy. Too much emphasis on discovery and pretrial would leave too little time for instruction on the mechanics of the actual trial. Even the experienced practitioner may not remember all the intricacies of discovery and may find …
Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling
Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling
Law Faculty Scholarly Articles
Significant criminal procedure decisions of the Kentucky appellate courts for the period July 1, 1982 to July 1, 1983, have been selected for discussion in this Survey. Included in this survey is an extensive discussion of selected cases in the areas of warrants, competency of counsel, pretrial discovery of witness statements, venue, belated attacks on criminal convictions, and the right to talk to an attorney before taking a breathalyzer test.
Constitutional Criminal Procedure, Thomas E. Baker
Constitutional Criminal Procedure, Thomas E. Baker
Faculty Publications
No abstract provided.
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Law Faculty Scholarly Articles
Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …
Discovery Of Nonparties' Tangible Things Under The Federal Rules Of Civil Procedure, Sarah N. Welling
Discovery Of Nonparties' Tangible Things Under The Federal Rules Of Civil Procedure, Sarah N. Welling
Law Faculty Scholarly Articles
Federal Rules of Civil Procedure 26 through 37 describe procedures for pretrial discovery. While one may employ all the methods of discovery against parties, discovery methods for nonparties are much more limited. For example, with the exception of the independent action under subdivision (c), the procedures detailed in Federal Rule 34 regarding production of tangible things do not apply to nonparties. Frequently, though, a litigant must discover tangible things in the possession, custody, or control of a nonparty. Although the federal rules do provide alternative methods for the discovery of nonparties' things, the whole discovery scheme for nonparties is rather …
Curbing Litigation Abuses: Judicial Control Of Adversary Ethics—The Model Rules Of Professional Conduct And Proposed Amendments To The Rules Of Civil Procedure, Richard H. Underwood
Curbing Litigation Abuses: Judicial Control Of Adversary Ethics—The Model Rules Of Professional Conduct And Proposed Amendments To The Rules Of Civil Procedure, Richard H. Underwood
Law Faculty Scholarly Articles
This Article addresses the effectiveness of recent developments and proposals related to abusive litigation, and discusses them in the context of recent opinions illustrating the power of the trial judge to control the excesses of the adversary system. It rejects the countersuit as a time-consuming and costly means of controlling litigation abuses, and concludes that “tinkering changes” in the rules of procedure cannot bring about true reform. It is urged here that the burden resulting from abuse of litigation can only be relieved by changes which foster stronger judicial control of adversarial ethics, and greater judicial involvement in the pretrial …
Light-Hearted Thoughts About Discovery Reform, John W. Reed
Light-Hearted Thoughts About Discovery Reform, John W. Reed
Other Publications
I am delighted to be here among friends from various settings and associations over the years. Having been unable to arrive until late last evening, I am in a poor position to offer useful commentary on what has been said here. But no matter-that is not my assignment. You have heard enough words of wisdom for one weekend. My pleasant assignment is to offer some "light-hearted" comments on discovery reform. I hope they do not prove to be "light-headed" as well.
Discovery Of Penalites, William Hamilton Bryson
Discovery Of Penalites, William Hamilton Bryson
Law Faculty Publications
The purpose of this essay is to discuss some aspects of the scope of the privilege against self-incrimination. It will consider first what can not be and then what can be discovered by the common law of England before 1776, when the first republican constitution of Virginia was promulgated. Finally, the developments in Virginia and federal practice will be dealt with.
Memo Of Law Of Defendant-Appellant In Support Of Motion For An Order Reopening Record On Appeal, Sumitomo Shoji America, Inc.
Memo Of Law Of Defendant-Appellant In Support Of Motion For An Order Reopening Record On Appeal, Sumitomo Shoji America, Inc.
Avagliano v. Sumitomo: On Remand to the District Court
No abstract provided.
Kentucky Law Survey: Civil Procedure, William H. Fortune
Kentucky Law Survey: Civil Procedure, William H. Fortune
Law Faculty Scholarly Articles
This article provides a survey of civil procedure developments in the Commonwealth of Kentucky. The most significant civil procedure case decided by the Kentucky Court of Appeals during the period covered by this Survey is Nazareth Literary and Benevolent Institution v. Stephenson. That case, which deals with discovery of privileged communications, may have created problems that will require legislative action. Other decisions by the Court during this period serve to illustrate and amplify existing procedural points. The more important of these decisions will be briefly discussed prior to the consideration of Stephenson.
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
Publications
No abstract provided.
Work Product Exception To Discovery - The New York Experience, Glenn E. Coven
Work Product Exception To Discovery - The New York Experience, Glenn E. Coven
Faculty Publications
No abstract provided.
San Francisco V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
San Francisco V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
Jesse Carter Opinions
City and employer was entitled to writ prohibiting order for the inspection of certain documents because the right to inspection could be curtailed where it was outweighed by the public interest in preserving confidential information.
The Patentability Of A Principle Of Nature, John B. Waite
The Patentability Of A Principle Of Nature, John B. Waite
Articles
The extent to which courts will go in conceding patentability to a natural law, or principle of nature, is evidenced in the case of Minerals Separation Co. v. Hyde, 37 Sup. Ct. -, decided by the Supreme Court, December 11, 1916. It has always been more or less an axiom of patent law that the discovery of a principle of nature does not entitle the discoverer to a patent for it. The case usually thought of first as authority therefor, is that of Morton v. New York Eye Infirmary, 5 Blatch. 116, 2 Fisher 320. The patentees in that case …