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Articles 1 - 22 of 22
Full-Text Articles in Law
Observations On The Manual For Complex And Multidistrict Litigation, Michigan Law Review
Observations On The Manual For Complex And Multidistrict Litigation, Michigan Law Review
Michigan Law Review
In recent years there has been increased pressure on the federal judicial system for improved efficiency in dealing with "the big case." Such cases typically involve either large numbers of plaintiffs, suing in many district courts on essentially the same facts, or many complex and interrelated issues which require the evaluation of large quantities of data. Because those cases require considerable amounts of judicial time which cannot lightly be spared from dealing with the mounting backlog of cases faced by virtually all courts, and because a great deal of potentially protracted litigation is certain to arise in the future, it …
Procedure--Scintilla Rule Affirmed
Book Review Of The Biography Of A Legal Dispute, Charles E. Torcia
Book Review Of The Biography Of A Legal Dispute, Charles E. Torcia
William & Mary Law Review
No abstract provided.
Integrated Pretrial Attack On A Pleading: A Critical Evaluation Of Michigan's New Summary Judgement Rule, Carl S. Hawkins, Brett R. Dick
Integrated Pretrial Attack On A Pleading: A Critical Evaluation Of Michigan's New Summary Judgement Rule, Carl S. Hawkins, Brett R. Dick
University of Michigan Journal of Law Reform
Modern procedural reforms reflect diminished confidence in the demurrer or "no cause" motion as a device to dispose of non-meritorious claims before trial. The Federal Rules of Civil Procedure, setting the pattern of reform for many states, abolished the demurrer. Although a preliminary attack upon the legal sufficiency of the complaint is still permitted by a motion to dismiss under Federal Rule 12 (b) (6), the challenged pleading may be amended as a matter of course, to minimize the risk that a good claim might be lost because it was poorly pleaded. The risk that sham amendments might then be …
A Proposed Cure For The Intervention Blues, Lawrence E. Hard
A Proposed Cure For The Intervention Blues, Lawrence E. Hard
University of Michigan Journal of Law Reform
This article does not purport to provide a study of the doctrine of subrogation and the merits of that doctrine in the context of insurance coverage. There are several difficult questions which could be raised as to the proper role of subrogation in insurance litigation. This article assumes the propriety of extending the right of subrogation to the type of medical and hospital payment plans offered by the Services and analyses the device of intervention as a method of enforcing the Services' right to contractual subrogation.
Continuing Problems Of Travel And Transportation., Leslie H. Williams Jr.
Continuing Problems Of Travel And Transportation., Leslie H. Williams Jr.
St. Mary's Law Journal
The Texas Workmen’s Compensation Act works to protect employees against the risk or hazard of performing their job and compensates that employee for injuries sustained in the course of employment. In 1957, after an increasing number of travel-oriented injuries involving scope of employment, the legislature amended the Act to limit judicial interpretation. This amendment added subsection b to section 1 of article 8309 to clarify the rules created from recent caselaw. Section 1b reconciled and enumerated four exceptions to the common law rule that an injury which occurs during the use of public streets or highways while traveling to and …
The Two Year Statute Of Limitations Is Tolled By The Defendant's Absence From The State After The Accrual Of The Action, Notwithstanding The Availability Of A Statute Providing For Substitute Service Of Process., Joe M. Westheimer Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Manufactured Diversity Of Citizenship By Which An Out-Of-State Guardian Was Selected To Prosecute The Suit Of A Resident Minor, Did Not Constitute An Adequate Foundation For Federal Jurisdiction., Dennis J. Healey
St. Mary's Law Journal
Abstract Forthcoming.
Res Judicata--Collateral Estoppel--Application Between Former Codefendants, Kenneth Joseph Fordyce, James David Nash Jr.
Res Judicata--Collateral Estoppel--Application Between Former Codefendants, Kenneth Joseph Fordyce, James David Nash Jr.
West Virginia Law Review
No abstract provided.
Let's All Join In: Intervention Under Federal Rule 24, John E. Kennedy
Let's All Join In: Intervention Under Federal Rule 24, John E. Kennedy
Kentucky Law Journal
No abstract provided.
Significant 1969 Amendments To The Kentucky Rules Of Civil Procedure, Watson Clay
Significant 1969 Amendments To The Kentucky Rules Of Civil Procedure, Watson Clay
Kentucky Law Journal
No abstract provided.
Civil Procedure--Class Action--Applicability For Consumer/Common Law Fraud, Lyle G. Robey
Civil Procedure--Class Action--Applicability For Consumer/Common Law Fraud, Lyle G. Robey
Kentucky Law Journal
No abstract provided.
An Examination Of The Federal Rules Of Appellate Procedure, Harvey L. Zuckman
An Examination Of The Federal Rules Of Appellate Procedure, Harvey L. Zuckman
Scholarly Articles
My plan here is to note first major changes in appellate procedure wrought by the new federal rules generally and then to comment in some detail upon what I consider to be the most important rules. Where appropriate, I shall note changes in procedure in the individual circuits, particularly the Seventh, Eighth and Tenth Circuits.
Civil Procedure--Federal Rule 23--Aggregation Of Claims, Steve Hixson
Civil Procedure--Federal Rule 23--Aggregation Of Claims, Steve Hixson
Kentucky Law Journal
No abstract provided.
Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller
Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller
Publications
No abstract provided.
Administrative Law—Collateral Estoppel—Adverse Findings On Issues In Negligence Action Do Not Preclude Plaintiff From Relitigating Identical Issues In Subsequent Longshoreman’S And Harbor Workers' Act Proceeding., David E. Manch
Buffalo Law Review
Young & Co. v. Shea, 397 F.2d 185 (5th Cir. 1968).
Federal Habeas Corpus: State Prisoners And The Concept Of Custody, Frank W. Smith Jr.
Federal Habeas Corpus: State Prisoners And The Concept Of Custody, Frank W. Smith Jr.
University of Richmond Law Review
For several centuries the Great Writ of Habeas Corpus has played a central role in protecting individual liberty, guarding against unlawful detention and against the exercise of power not in compliance with the law of the land. Central to the idea of habeas corpus is that it operates within the limits of unlawful imprisonment or detention. As the boundary line between lawful and unlawful confinement changes with growth in recognized individual rights, then the reach of the Great Writ also shifts.
Recent Decisions
University of Richmond Law Review
This is a summary of the case law from 1969.
Class Actions Under Federal Rule 23(B) (3) - The Notice Requirement
Class Actions Under Federal Rule 23(B) (3) - The Notice Requirement
Maryland Law Review
No abstract provided.
Lack Of Due Process In Virginia Contempt Proceeding For Failure To Comply With Order For Support And Alimony
University of Richmond Law Review
At common law a husband had a legal duty' to support his wife and children. Today in Virginia failure to support one's family is not simply a violation of a legal duty, it is a criminal act, carrying a penalty of up to twelve months at hard labor for the delinquent husband. The wife, however, without resorting to this criminal action, can effectuate the same result in a civil proceeding before a divorce court.
The Proper Standard For Directed Verdicts In The Federal Courts: The Influences Of The Seventh Amendment And The Erie Doctrine, Ward T. Williams
The Proper Standard For Directed Verdicts In The Federal Courts: The Influences Of The Seventh Amendment And The Erie Doctrine, Ward T. Williams
Villanova Law Review
No abstract provided.
Civil And Criminal Procedure - Voir Dire Examinations - New Jersey Supreme Court Places Primary Reponsibility For Conducting Voir Dire Examinations On Trial Court Judges, Gordon B. Aydelott
Civil And Criminal Procedure - Voir Dire Examinations - New Jersey Supreme Court Places Primary Reponsibility For Conducting Voir Dire Examinations On Trial Court Judges, Gordon B. Aydelott
Villanova Law Review
No abstract provided.