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1973

Civil Procedure

Institution
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Articles 1 - 30 of 33

Full-Text Articles in Law

Procedural Due Process In The Juvenile Courts Of West Virginia, Richard A. Warmuth Nov 1973

Procedural Due Process In The Juvenile Courts Of West Virginia, Richard A. Warmuth

West Virginia Law Review

No abstract provided.


Vepco--The Need For A Revised Tax Appeals Procedure In West Virginia, J. Timothy Philipps Nov 1973

Vepco--The Need For A Revised Tax Appeals Procedure In West Virginia, J. Timothy Philipps

West Virginia Law Review

No abstract provided.


Eisen V. Carlisle, Lewis F. Powell Jr. Oct 1973

Eisen V. Carlisle, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Bradley V. School Board Of The City Of Richmond, Lewis F. Powell Jr. Oct 1973

Bradley V. School Board Of The City Of Richmond, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Milliken V. Bradley, Lewis F. Powell Jr. Oct 1973

Milliken V. Bradley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Defunis V. Odegaard, Lewis F. Powell Jr. Oct 1973

Defunis V. Odegaard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Merrill Lynch, Pierce, Fenner & Smith V. Ware, Lewis F. Powell Jr. Oct 1973

Merrill Lynch, Pierce, Fenner & Smith V. Ware, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Corning Glass Works V. Brennan, Lewis F. Powell Jr. Oct 1973

Corning Glass Works V. Brennan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Restricted Venue In Suits Against National Banks: A Procedural Anachronism Oct 1973

Restricted Venue In Suits Against National Banks: A Procedural Anachronism

William & Mary Law Review

No abstract provided.


Exercise Of Federal Court Jurisdiction Not Specifically Conferred - Introduction: If This Be Treason., Robert K. Walsh Sep 1973

Exercise Of Federal Court Jurisdiction Not Specifically Conferred - Introduction: If This Be Treason., Robert K. Walsh

St. Mary's Law Journal

Abstract Forthcoming.


Capacity To Sue: The Developing 42 U.S.C. § 1983 Exception To The Federal Rule 17(B) Domicile Principle Jun 1973

Capacity To Sue: The Developing 42 U.S.C. § 1983 Exception To The Federal Rule 17(B) Domicile Principle

Washington and Lee Law Review

No abstract provided.


A Prejudgment Remedy Myst Provide Notice And A Prior Hearing., Michael J. Noonan Jun 1973

A Prejudgment Remedy Myst Provide Notice And A Prior Hearing., Michael J. Noonan

St. Mary's Law Journal

Abstract Forthcoming.


Difficulty In Maintaining Truth In Lending Suits As Class Actions., Sue M. Hall Jun 1973

Difficulty In Maintaining Truth In Lending Suits As Class Actions., Sue M. Hall

St. Mary's Law Journal

Abstract Forthcoming.


Requirements For Impeachment Of Sheriff Returns As Good Excuse When Setting Aside Domestic Default Judgments., Joseph H. Vives Jun 1973

Requirements For Impeachment Of Sheriff Returns As Good Excuse When Setting Aside Domestic Default Judgments., Joseph H. Vives

St. Mary's Law Journal

Abstract Forthcoming.


The Doctrine Of Official Immunity And Section 1983: A New Look At An Old Problem Jun 1973

The Doctrine Of Official Immunity And Section 1983: A New Look At An Old Problem

Washington and Lee Law Review

No abstract provided.


A Further Liberalization Of The Minimum Contracts Requirement., James P. Brennan Jun 1973

A Further Liberalization Of The Minimum Contracts Requirement., James P. Brennan

St. Mary's Law Journal

Abstract Forthcoming.


Outcomes Of Six- And Twelve-Member Jury Trials: An Analysis Of 128 Civil Cases In The State Of Washington, Gordon Bermant, Rob Coppock May 1973

Outcomes Of Six- And Twelve-Member Jury Trials: An Analysis Of 128 Civil Cases In The State Of Washington, Gordon Bermant, Rob Coppock

Washington Law Review

Support is growing for increased use of six-member juries in civil cases. Presently, a jury with less than twelve members is available by stipulation in Washington superior courts, and the possibility that a six-member panel will become compulsory in the future is enhanced by positive reports from those experimenting with a mandatory six-member jury.


Constitutional Law—Creditor-Debtor Law: Procedural Due Process And Washington's Prejudgment Seizure Procedures—Fuentes V. Shevin, 407 U.S. 67 (1972), P. A. G. May 1973

Constitutional Law—Creditor-Debtor Law: Procedural Due Process And Washington's Prejudgment Seizure Procedures—Fuentes V. Shevin, 407 U.S. 67 (1972), P. A. G.

Washington Law Review

A recent United States Supreme Court decision, Fuentes v. Shevin, and two recent Washington Court of Appeals decisions, Lucas v. Stapp and Seattle Credit Bureau v. Hibbitt, held that except in extraordinary situations the due process clause of the fourteenth amendment to the United States Constitution requires notice and an opportunity to be heard before any significant property interest can be seized by actions involving government officials. Under these cases, Washington's attachment, garnishment, and replevin statutes appear to be unconstitutional insofar as they provide for prejudgment seizure of a defendant's property without prior notice and an opportunity to be heard. …


Subsidiary Corporations In New York: When Is Mere Ownership Enough To Establish Jurisdiction Over The Parent, Charles I. Wellborn Apr 1973

Subsidiary Corporations In New York: When Is Mere Ownership Enough To Establish Jurisdiction Over The Parent, Charles I. Wellborn

Buffalo Law Review

No abstract provided.


The New York Indians' Right To Self-Determination, James W. Clute Apr 1973

The New York Indians' Right To Self-Determination, James W. Clute

Buffalo Law Review

No abstract provided.


The Federal Jury., Joe J. Fisher Mar 1973

The Federal Jury., Joe J. Fisher

St. Mary's Law Journal

Abstract Forthcoming.


Interlocutory Orders Are Not Appealable In Government Civil Antitrust Litigation., Donald C. Mccleary Mar 1973

Interlocutory Orders Are Not Appealable In Government Civil Antitrust Litigation., Donald C. Mccleary

St. Mary's Law Journal

Abstract Forthcoming.


Viability Of The Discovery Rule As A Criterion To Determine When A Cause Of Action Accrues In Medical Malpractice Actions., Glory Sturiale Mar 1973

Viability Of The Discovery Rule As A Criterion To Determine When A Cause Of Action Accrues In Medical Malpractice Actions., Glory Sturiale

St. Mary's Law Journal

Abstract Forthcoming.


Civil Procedure - Keck V. Keck, Routine Or Novel Approach To The Applicability Of Full Faith And Credit To Foreign Divorce And Custody Decrees?, Anthony Valiulis Jan 1973

Civil Procedure - Keck V. Keck, Routine Or Novel Approach To The Applicability Of Full Faith And Credit To Foreign Divorce And Custody Decrees?, Anthony Valiulis

Loyola University Chicago Law Journal

No abstract provided.


Arizona's Inferior Courts, Harold H. Bruff Jan 1973

Arizona's Inferior Courts, Harold H. Bruff

Publications

For many citizens Arizona's inferior courts provide their primary, perhaps only, contact with the state's justice system. This Article--based in large part upon a thorough empirical and personal study of these lower courts--discusses the role that the courts play, the procedures that they observe, the qualifications of the personnel they employ, and the sufficiency of the justice they render. These findings are then evaluated, and recommendations for change are made.


Stockholder's Derivative Actions By Holders Of Convertible Debentures, Robert A. Malstrom Jan 1973

Stockholder's Derivative Actions By Holders Of Convertible Debentures, Robert A. Malstrom

University of Michigan Journal of Law Reform

This article focuses on Federal Rule of Civil Procedure 23.1. That rule provides a particularly convenient vehicle for discussing the protective limitations which prevent abuse of the derivative action. Analogous protective limitations exist in the statutory or case law of most jurisdictions, therefore the discussion here applies equally to actions brought in the courts of many states. Moreover, the economic and public policy arguments presented are applicable to actions in both federal and state courts.


Shareholder Derivative Actions: A Modest Proposal To Revise Federal Rule 23.1, Robert A. Kessler Jan 1973

Shareholder Derivative Actions: A Modest Proposal To Revise Federal Rule 23.1, Robert A. Kessler

University of Michigan Journal of Law Reform

The purpose of this article is to suggest the addition of two words, "if necessary"-or better yet, the phrase "if necessary under the law of the forum state"-to clause (1) of Federal Rule of Civil Procedure 23.1. This Rule sets forth the requirements for a shareholder's derivative action in the federal courts.


Rule 23 Class Action Enforcement Of The Clean Air Act Of 1970 Jan 1973

Rule 23 Class Action Enforcement Of The Clean Air Act Of 1970

University of Richmond Law Review

This country has recently taken a great interest in air pollution, and the extent of its concern has manifested itself in federal legislation to help abate this growing menace. The most significant legislative attempt to clean up the air is the Clean Air Act of 1970.


Two Proposals For Change In Virginia Law- A Class Action Procedure And A Consumer Fraud Law, Henry E. Howell Jr. Jan 1973

Two Proposals For Change In Virginia Law- A Class Action Procedure And A Consumer Fraud Law, Henry E. Howell Jr.

University of Richmond Law Review

This article encompasses two proposals for change in the law of the Commonwealth of Virginia, one procedural and the other substantive. A proposed class action procedure law and a substantive consumer fraud law are set forth in the appendix and discussed, herein. Credit law reform is beyond the scope of this article. The proposals are independent, although similar, in that they are designed to help the small claimant obtain relief for injuries for which there is presently no practical remedy under Virginia law.


Federal Jurisdiction And Procedure, Various Editors Jan 1973

Federal Jurisdiction And Procedure, Various Editors

Villanova Law Review

No abstract provided.