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1988

Civil Procedure

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Articles 1 - 30 of 57

Full-Text Articles in Law

3rd Annual Federal Practice Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, John R. Leathers, Willam M. Lear, Edward H. Johnstone, Eugene E. Siler, Frank E. Haddad, Laramie L. Leatherman, Melissa Forsythe, Gregory L. Monge, Leonard Green, Thomas D. Lambros, Stanley M. Chesley, Charles S. Cassis Sep 1988

3rd Annual Federal Practice Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, John R. Leathers, Willam M. Lear, Edward H. Johnstone, Eugene E. Siler, Frank E. Haddad, Laramie L. Leatherman, Melissa Forsythe, Gregory L. Monge, Leonard Green, Thomas D. Lambros, Stanley M. Chesley, Charles S. Cassis

Continuing Legal Education Materials

Outline of speakers' presentations from the 3rd Annual Federal Practice Institute held by UK/CLE on September 23, 1988.


The Discovery Rule And Father-Daughter Incest: A Legislative Response, Martha Jean Zackin Sep 1988

The Discovery Rule And Father-Daughter Incest: A Legislative Response, Martha Jean Zackin

Boston College Law Review

No abstract provided.


Intervention In The Public Interest Under Rule 24(A)(2) Of The Federal Rules Of Civil Procedure Sep 1988

Intervention In The Public Interest Under Rule 24(A)(2) Of The Federal Rules Of Civil Procedure

Washington and Lee Law Review

No abstract provided.


Work Product Privilege And Discovery Of Expert Testimony: Resolving The Conflict Between Federal Rules Of Civil Procedure 26(B)(3) And 26(B)(4), Jan W. Henkel, O. Lee Reed Jul 1988

Work Product Privilege And Discovery Of Expert Testimony: Resolving The Conflict Between Federal Rules Of Civil Procedure 26(B)(3) And 26(B)(4), Jan W. Henkel, O. Lee Reed

Florida State University Law Review

When an attorney furnishes documents containing work product to an expert witness, a potential conflict arises between the work product immunity of Rule 26(b)(3) and the expert discovery provisions of Rule 269b)(4). In this Article, Professors Henkel and Reed examine the approaches federal courts have taken to this conflict. They argue that any approach which either allows for the discovery of documents containing work product or allows for the discovery of document from which product has been expunged is contrary to the purposes of the federal rules. The authors then propose a solution to this conflict which ...


Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva Jul 1988

Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva

Washington Law Review

This Comment considers the constitutionality of the Washington cap on noneconomic damages. The Comment briefly reviews the recent legislation of medical malpractice and tort reform damages ceilings and judicial decisions on the constitutionality of such ceilings. The Comment then analyzes the constitutionality of the Washington limit under the substantive due process and equal protection guarantees of the federal and state constitutions. Because under the federal constitution a court should give the statute only minimal scrutiny, the statute probably does not offend fourteenth amendment protections. Under the Washington Constitution, however, a court should give the statute intermediate scrutiny. Under intermediate scrutiny ...


Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva Jul 1988

Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva

Washington Law Review

This Comment considers the constitutionality of the Washington cap on noneconomic damages. The Comment briefly reviews the recent legislation of medical malpractice and tort reform damages ceilings and judicial decisions on the constitutionality of such ceilings. The Comment then analyzes the constitutionality of the Washington limit under the substantive due process and equal protection guarantees of the federal and state constitutions. Because under the federal constitution a court should give the statute only minimal scrutiny, the statute probably does not offend fourteenth amendment protections. Under the Washington Constitution, however, a court should give the statute intermediate scrutiny. Under intermediate scrutiny ...


Rule 26(B)(4) Of The Federal Rules Of Civil Procedure: Discovery Of Expert Information, James L. Hayes, Paul T. Ryder Jr. May 1988

Rule 26(B)(4) Of The Federal Rules Of Civil Procedure: Discovery Of Expert Information, James L. Hayes, Paul T. Ryder Jr.

University of Miami Law Review

No abstract provided.


Konizeski And The Warner Amendment: Back To Ground Zero For Atomic Litigants, A Constandina Titus, Michael W. Bowers False May 1988

Konizeski And The Warner Amendment: Back To Ground Zero For Atomic Litigants, A Constandina Titus, Michael W. Bowers False

BYU Law Review

No abstract provided.


Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber Apr 1988

Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber

University of Michigan Journal of Law Reform

This Article examines whether Rule 23(b)(2) violates the procedural due process rights of absent class members by binding them to the judgment in a class case without notice of the suit. It concludes that the Rule almost certainly violates due process and proposes a reform that would permit nonbinding class actions similar to the old "spurious" class suits.


Rule 11 And Civil Rights Litigation, Carl Tobias Apr 1988

Rule 11 And Civil Rights Litigation, Carl Tobias

Buffalo Law Review

No abstract provided.


Civil Procedure—Class Actions—Trial Courts Have Broad Discretion To Certify Classes. International Union Of Electric Radio And Machine Workers V. Hudson, 295 Ark. 107, 747 S.W.2d 81 (1988)., Sarah Wilson Apr 1988

Civil Procedure—Class Actions—Trial Courts Have Broad Discretion To Certify Classes. International Union Of Electric Radio And Machine Workers V. Hudson, 295 Ark. 107, 747 S.W.2d 81 (1988)., Sarah Wilson

University of Arkansas at Little Rock Law Review

No abstract provided.


Removal, Remand And Review In Pendent Claim And Pendent Party Cases, Joan E. Steinman Mar 1988

Removal, Remand And Review In Pendent Claim And Pendent Party Cases, Joan E. Steinman

All Faculty Scholarship

No abstract provided.


The Intended Application Of Federal Rule Of Civil Procedure 11: An End To The "Empty Head, Pure Heart"Defense And A Reinforcement Of Ethical Standards, Debbie A. Wilson Mar 1988

The Intended Application Of Federal Rule Of Civil Procedure 11: An End To The "Empty Head, Pure Heart"Defense And A Reinforcement Of Ethical Standards, Debbie A. Wilson

Vanderbilt Law Review

The American public has long viewed the legal profession with a puzzling mixture of respect and envy tempered by distaste and mistrust.' Nevertheless, Americans especially are amenable to invoking judicial processes when a wrong is perceived.' This tendency has led to the well-publicized problems of overcrowded dockets and lengthy trial proceedings, both of which contribute to making the American legal system the most expensive in the world. Commentators, the legal community, and other citizens increasingly criticize the litigiousness of the American legal system. The legal profession generally is exempt from governmental regulation because the bar adopts and enforces its own ...


Subject Matter Jurisdiction As A New Issue On Appeal: Reining In An Unruly Horse, Robert J. Martineau Mar 1988

Subject Matter Jurisdiction As A New Issue On Appeal: Reining In An Unruly Horse, Robert J. Martineau

BYU Law Review

No abstract provided.


In Re United States Catholic Conference: Considering Non-Party Rights, David P. Brooks Mar 1988

In Re United States Catholic Conference: Considering Non-Party Rights, David P. Brooks

BYU Law Review

No abstract provided.


Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner Mar 1988

Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner

BYU Law Review

No abstract provided.


Court Costs In Virginia, William Hamilton Bryson Jan 1988

Court Costs In Virginia, William Hamilton Bryson

Law Faculty Publications

Costs are certain official expenses of litigation that the court orders the losing party to pay to the prevailing party. They are not a part of the judgment but are appurtenant to it.


Civil Procedure, Allen Hartman Honorable, Scott C. Bentivenga Jan 1988

Civil Procedure, Allen Hartman Honorable, Scott C. Bentivenga

Loyola University Chicago Law Journal

No abstract provided.


Rule 11 Revisited, William W. Schwarzer Jan 1988

Rule 11 Revisited, William W. Schwarzer

Faculty Scholarship

No abstract provided.


Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner Jan 1988

Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner

Articles

No abstract provided.


One Step Forward, Two Steps Back: Summary Judgment After Celotex, Melissa Lee Nelken Jan 1988

One Step Forward, Two Steps Back: Summary Judgment After Celotex, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.


"Taking" Informational Property Through Discovery, Gregory Gelfand Jan 1988

"Taking" Informational Property Through Discovery, Gregory Gelfand

Washington University Law Review

This Article employs civil discovery under the Federal Rules of Civil Procedure" as its paradigm for testing the constitutionality of requiring the uncompensated disclosure of informational property. The section of this Article which follows defines the term "informational property" and explains the choice of that term for the purposes of the analysis of this Article. Section III sets forth the analysis employed in taking cases and the ramifications of that analysis for informational property. Section IV then considers certain counterarguments which are unique to the application of the taking analysis to informational property. Finally, Section V of this Article synthesizes ...


Treating Experts Like Ordinary Witnesses: Recent Trends In Discovery Of Testifying Experts Under Federal Rule Of Civil Procedure 26(B)(4), Steven K. Sims Jan 1988

Treating Experts Like Ordinary Witnesses: Recent Trends In Discovery Of Testifying Experts Under Federal Rule Of Civil Procedure 26(B)(4), Steven K. Sims

Washington University Law Review

No abstract provided.


A Distorted Mirror: The Supreme Court's Shimmering View Of Summary Judgment, Directed Verdict, And The Value Of Adjudication, Jeffrey W. Stempel Jan 1988

A Distorted Mirror: The Supreme Court's Shimmering View Of Summary Judgment, Directed Verdict, And The Value Of Adjudication, Jeffrey W. Stempel

Scholarly Works

As almost anyone alive during the past decade knows, this is the era of the ‘litigation explosion,’ or there is at least the perception that a litigation explosion exists. Although all agree that the absolute number of lawsuits has increased in virtually every corner of the state and federal court systems, there exists vigorous debate about whether the increase is unusual in relative or historical terms and even more vigorous debate about whether the absolute increase in cases symbolizes the American concern for fairness and justice or represents a surge in frivolous or trivial disputes needlessly clogging the courts. As ...


The Unsolved Problem In Taking Evidence Abroad: The Non-Rule Of Aerospatiale, William L. Wilks, Nancy E. Goldberg Jan 1988

The Unsolved Problem In Taking Evidence Abroad: The Non-Rule Of Aerospatiale, William L. Wilks, Nancy E. Goldberg

Penn State International Law Review

In the Aerospatiale decision, the United States Supreme Court attempts to define the powers of American courts to compel discovery from foreign litigants in those courts, in light of the Hague Evidence Convention. This article initially examines the various interpretations of the Convention used to solve the "apples/oranges" problem, encountered by litigants from different nations and incompatible jurisprudential systems, when they seek to obtain evidence located outside the U.S. or in the control of a foreign litigant. The Court's response to this problem is later addressed by an analysis of its decision, which seems to confuse the ...


Civil Procedure - Federal Rule Of Civil Procedure 4(C)(2)(C)(Ii) - Defendant's Failure To Return Acknowledgment Of Service By Mail Mandates Personal Service, Which Must Be Made Within 120 Days Of Filing The Complaint, Leigh Christy Schaller Jan 1988

Civil Procedure - Federal Rule Of Civil Procedure 4(C)(2)(C)(Ii) - Defendant's Failure To Return Acknowledgment Of Service By Mail Mandates Personal Service, Which Must Be Made Within 120 Days Of Filing The Complaint, Leigh Christy Schaller

Villanova Law Review

No abstract provided.


Public Law Litigation And Legal Scholarship, Richard L. Marcus Jan 1988

Public Law Litigation And Legal Scholarship, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Applying Rule 11 To Rid Courts Of Frivolous Litigation Without Chilling The Bar's Creativity, Robin Johnson Collins Jan 1988

Applying Rule 11 To Rid Courts Of Frivolous Litigation Without Chilling The Bar's Creativity, Robin Johnson Collins

Kentucky Law Journal

No abstract provided.


Compelled Participation In Summary Jury Trials: A Tale Of Two Cases, Paul Mattingly Jan 1988

Compelled Participation In Summary Jury Trials: A Tale Of Two Cases, Paul Mattingly

Kentucky Law Journal

No abstract provided.


Civil Practice, Jay C. Carlisle Jan 1988

Civil Practice, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

While 1986 was a watershed year for the CPLR practitioner, 1987 passed with what one prominent commentator has referred "a yawn." Nonetheless, there were several important amendments to the CPLR in 1987 and our courts produced more than a few ''drab” opinions worthy of discussion. Furthermore, the bar and bench should rejoice because this year's Survey marks the twenty-fifth anniversary of the CPLR and the fiftieth anniversary of the Federal Rules of Civil Procedure. It is also the sixty-fifth year since a commentator first reviewed significant developments in New York civil practice.