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Articles 1 - 14 of 14

Full-Text Articles in Law

Schiavone V. Fortune, Lewis F. Powell Jr Oct 1985

Schiavone V. Fortune, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams Oct 1985

The Place Of Procedural Control In Determining Who May Sue Or Be Sued: Lessons In Statutory Interpretation From Civil Rico And Sedima, Douglas E. Abrams

Faculty Publications

When a federal court resolves equipoise in its effort to determine the contours of a litigant class created by an express private cause of action, the court should consider the control that the Federal Rules of Civil Procedure, taken as a whole, exercise on the conduct of litigation. With civil RICO as background, part II presents this thesis and discusses the circumstances in which procedural control would be an element supporting a determination *1481 that Congress created a broad litigant class. Implicit in the notion of equipoise is the threshold recognition that when a court engages in statutory interpretation, it …


“Freedom” And ”Coercion”—Virtue Words And Vice Words, Peter Westen Jun 1985

“Freedom” And ”Coercion”—Virtue Words And Vice Words, Peter Westen

Duke Law Journal

Much has changed since young Thomas Jefferson took up his quill pen in the winter of 1781 and wrote by candlelight about "freedom" and "coercion." More has changed since Plato lauded freedom and derogated coercion two thousand years earlier. 2 The material changes in the way we live are obvious. The normative changes in what we value -- in what we regard as good and evil, right and wrong -- are equally dramatic: the abolition of chattel slavery, the disestablishment of religion, the end of indentured servitude, the demise of monarchy, the prohibition of torture and blood sanctions, the banning …


Social Science And Segregation Before Brown, Herbert Hovenkamp Jun 1985

Social Science And Segregation Before Brown, Herbert Hovenkamp

Duke Law Journal

A wide variety of scholarship has addressed the law of race relations during the late nineteenth and early twentieth centuries. Much of that scholarship has presented the judicial record in the Gilded Age and Progressive Era cases as reactionary and somehow in violation of the basic principles of equality implicit in the American Constitution, particularly in the thirteenth, fourteenth, and fifteenth amendments. Professor Hovenkamp calls this view into question by examining the science and social science of that period and the use of scientific information in race relations cases. He concludes that late nineteenth and early twentieth century courts used …


Algunos Aspectos Prácticos Del Litigio Internacional En Los Tribunales De La Florida, Angel Castillo Jr. Apr 1985

Algunos Aspectos Prácticos Del Litigio Internacional En Los Tribunales De La Florida, Angel Castillo Jr.

University of Miami Inter-American Law Review

No abstract provided.


Reflections On The Substance Of Finality , Geoffrey C. Hazard Jr. Apr 1985

Reflections On The Substance Of Finality , Geoffrey C. Hazard Jr.

Cornell Law Review

No abstract provided.


Interjurisdictional Preclusion And Federal Common Law Toward A General Approach, Stephen B. Burbank Apr 1985

Interjurisdictional Preclusion And Federal Common Law Toward A General Approach, Stephen B. Burbank

Cornell Law Review

No abstract provided.


Adverse Inferences Based On Non-Party Invocations: The Real Magic Trick In Fifth Amendment Civil Cases, Dennis J. Bartlett Jan 1985

Adverse Inferences Based On Non-Party Invocations: The Real Magic Trick In Fifth Amendment Civil Cases, Dennis J. Bartlett

Notre Dame Law Review

No abstract provided.


The Pushy Ox: Character Evidence In Pennsylvania Civil Actions, Thomas J. Reed Jan 1985

The Pushy Ox: Character Evidence In Pennsylvania Civil Actions, Thomas J. Reed

Thomas J Reed

No abstract provided.


Discovery Under The Federal Rules Of Civil Procedure Of Attorney Opinion Work Product Provided To An Expert Witness, Bryan Lewis Jan 1985

Discovery Under The Federal Rules Of Civil Procedure Of Attorney Opinion Work Product Provided To An Expert Witness, Bryan Lewis

Fordham Law Review

No abstract provided.


Preclusion Concerns As An Additional Factor When Staying A Federal Suit In Deference To A Concurrent State Proceeding, David J. Mccarthy Jan 1985

Preclusion Concerns As An Additional Factor When Staying A Federal Suit In Deference To A Concurrent State Proceeding, David J. Mccarthy

Fordham Law Review

No abstract provided.


When May State Courts Exercise Personal Jurisdiction Over Nonresident Class Members, Gene R. Shreve Jan 1985

When May State Courts Exercise Personal Jurisdiction Over Nonresident Class Members, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Kentucky Law Survey: Civil Procedure, John R. Leathers, Matthew L. Mooney Jan 1985

Kentucky Law Survey: Civil Procedure, John R. Leathers, Matthew L. Mooney

Kentucky Law Journal

No abstract provided.


Civil Litigation Flow Chart, Michael Goldberg Dec 1984

Civil Litigation Flow Chart, Michael Goldberg

Michael J Goldberg

No abstract provided.