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Articles 1 - 11 of 11
Full-Text Articles in Law
Business Law, James R. Courie
Practice And Procedure, Elizabeth Leigh Mullikin
Practice And Procedure, Elizabeth Leigh Mullikin
South Carolina Law Review
No abstract provided.
The Costs Of Complexity, Stephen B. Burbank
The Costs Of Complexity, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Law Of The Case: A Judicial Puzzle In Consolidated And Transferred Cases And In Multidistrict Litigation, Joan E. Steinman
Law Of The Case: A Judicial Puzzle In Consolidated And Transferred Cases And In Multidistrict Litigation, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
Law Of The Case: A Judicial Puzzle In Consolidated And Transferred Cases And In Multidistrict Litigation, Joan E. Steinman
Law Of The Case: A Judicial Puzzle In Consolidated And Transferred Cases And In Multidistrict Litigation, Joan E. Steinman
Joan E. Steinman
No abstract provided.
Nonparty Document Discovery From Corporations And Governmental Entities Under The Federal Rules Of Civil Procedure, Jay C. Carlisle
Nonparty Document Discovery From Corporations And Governmental Entities Under The Federal Rules Of Civil Procedure, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
This Article will analyze the various approaches courts follow when deciding if a nonparty can be compelled to produce documents located outside the judicial district where a rule 45 subpoena duces tecum is issued. Part I will review the procedure for nonparty document discovery and discuss the decisional law applying the enforcement provisions of rule 45. Part II will analyze the jurisdictional principles used by federal district courts to determine when documents under the control of nonparties, and not located within the territorial limits of the court, should be produced for discovery purposes. Part III will recommend the appropriate approach …
Civil Practice, Jay C. Carlisle
Civil Practice, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
During the Survey year, legislation was enacted relating to twenty-seven of the sixty-five articles of the CPLR. Additionally, there have been significant developments in the decisional law of res judicata. These and other areas should be of interest to the practitioner.
There's No Reason For It; It's Just Our Policy: The Well-Pleaded Complaint Rule Sabotages The Purposes Of Federal Question Jurisdiction, Donald L. Doernberg
There's No Reason For It; It's Just Our Policy: The Well-Pleaded Complaint Rule Sabotages The Purposes Of Federal Question Jurisdiction, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
This Article is presented in three parts. Section I traces the statutory and case development of federal question jurisdiction, both under the constitutional and statutory “arising under”' language. Section II demonstrates the problems that the Mottley rule has caused in building a rational system of federal question jurisdiction, particularly in cases seeking declaratory judgments. Section III contends that the Mottley rule is irrational because it is a mechanical rule that ignores important policy considerations underlying the existence of federal question jurisdiction. Section III goes on to suggest that federal question jurisdiction should depend upon the centrality of the federal issue …
Antitrust Practice And Procedure In The Formative Era: The Constitutional And Conceptual Reach Of State Antitrust Law, 1880-1918, James May
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Rethinking American Arbitration, Thomas J. Stipanowich
Rethinking American Arbitration, Thomas J. Stipanowich
Thomas J. Stipanowich
In this 1987 article, Professor Stipanowich extensively analyzes data from an unprecedented broad-based survey on contract-based commercial arbitration in the United States. The study, based on a survey by the ABA Forum on the Construction Industry, provides considerable insight into experiences and perceptions of American attorneys regarding arbitration and litigation of construction and engineering disputes. It also summarizes and compares data developed in earlier studies of arbitration practice and procedure and suggests possible new directions for arbitration procedures.
Arbitration And The Multiparty Dispute: The Search For Workable Solutions, Thomas J. Stipanowich
Arbitration And The Multiparty Dispute: The Search For Workable Solutions, Thomas J. Stipanowich
Thomas J. Stipanowich
In this article, Professor Stipanowich explores the legal and practical problems associated with arbitration of commercial disputes involving multiple parties. He examines relevant legislation and judicial decisions as well as arbitration procedures aimed at facilitating consolidation of claims among multiple parties in a single arbitration hearing as well as joinder and “vouching in” of parties. He proposes the passage of legislation adapting provisions of the California Arbitration Act as a means of more effectively addressing these issues—a proposal that was later effectively adopted in a section of the Revised Uniform Arbitration Act.