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1991

Civil Procedure

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Articles 1 - 30 of 96

Full-Text Articles in Law

Appellate Practice And Procedure, Marion T. Pope Jr., Ann H. Kelley Dec 1991

Appellate Practice And Procedure, Marion T. Pope Jr., Ann H. Kelley

Mercer Law Review

Practitioners in Georgia's state appellate courts recognize that the most important step in the appellate process is to first ascertain the proper procedure to insure that their appeal is properly before the court, Because the statutory and decisional law governing appellate practice and procedure is not immutable, the appellate practitioner must consistently strive to stay abreast of the law in this area. With these thoughts in mind, this Article will survey selected opinions of Georgia's state appellate courts pertaining to appellate practice and procedure rendered during the period from June 1, 1988 to May 31, 1991. The Article ...


Procedure—Sanctions—Federal Procedural Rules Do Not Displace Inherent Powers Of Court To Award Attorney's Fees For Bad Faith Conduct. Chambers V. Nasco, Inc., 111 S. Ct. 2123 (1991)., Goodloe Partee Oct 1991

Procedure—Sanctions—Federal Procedural Rules Do Not Displace Inherent Powers Of Court To Award Attorney's Fees For Bad Faith Conduct. Chambers V. Nasco, Inc., 111 S. Ct. 2123 (1991)., Goodloe Partee

University of Arkansas at Little Rock Law Review

No abstract provided.


The Heileman Power: Well-Honed Tool Or Blunt Instrument?, Thomas A. Tozer Oct 1991

The Heileman Power: Well-Honed Tool Or Blunt Instrument?, Thomas A. Tozer

Indiana Law Journal

No abstract provided.


Injunctive Relief And Section 1985(3): Anti-Abortion Blockaders Meet The "Ku Klux Klan Act", Bruce Brown Oct 1991

Injunctive Relief And Section 1985(3): Anti-Abortion Blockaders Meet The "Ku Klux Klan Act", Bruce Brown

Buffalo Law Review

No abstract provided.


Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler Oct 1991

Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler

Faculty Scholarship at Penn Law

No abstract provided.


Interpreting Statutes Faithfully-Not Dynamically, Craig W. Dallon Sep 1991

Interpreting Statutes Faithfully-Not Dynamically, Craig W. Dallon

BYU Law Review

No abstract provided.


Sovereignty And Personal Jurisdiction Doctrine: Up The Stream Of Commerce Without A Paddle, Pamela J. Stephens Jul 1991

Sovereignty And Personal Jurisdiction Doctrine: Up The Stream Of Commerce Without A Paddle, Pamela J. Stephens

Florida State University Law Review

No abstract provided.


Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Majorie A. Silver Jul 1991

Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Majorie A. Silver

Washington Law Review

Professor Silver advocates recognition of an inherent judicial power to send or authorize notice of pending litigation to potentially interested persons with unfiled claims. Recognizing such a judicial power is consistent with recent legal developments establishing a role for judges in expediting and managing federal litigation. Although the Federal Rules of Civil Procedure only explicitly provide for notice to potential parties in Rule 23 class action litigation, Professor Silver demonstrates that a more general judicial power to notify putative plaintiffs is consistent with the federal rules and the Constitution. She also shows that first amendment values support a judicial role ...


Is 28 U.S.C. § 1404(A) A Federal Forum-Shopping Statute?, Michaael B. Rodden Jul 1991

Is 28 U.S.C. § 1404(A) A Federal Forum-Shopping Statute?, Michaael B. Rodden

Washington Law Review

In 1948, Congress enacted section 1404(a) of Tit;e 28 to allow transfers between federal district courts. Congress intended the statute to promote convenience in the federal courts. The statute does not specify which state's law applies following a transfer, but in 1964, in Van Dusen v. Barrack, the Supreme Court determined that the state law of the transferor court must apply following defendant-initiated transfers. The Van Dusen Court reasoned that application of the statute should promote convenience and uniformity and discourage forum-shopping in the federal courts. In 1990, in Ferens v. John Deere Co., the Supreme Court ...


Certification And Civil Rights, Carl W. Tobias Jun 1991

Certification And Civil Rights, Carl W. Tobias

Law Faculty Publications

In this 1991 article, Carl Tobias responds to Professor Arthur Miller's suggestion that Federal Rule of Civil Procedure 11 should not be prematurely revised.

"Professor Miller's admonitions may convince some observers, especially those authorized to propose revisions in, or to amend, the Rule that there is little wrong with Rule 11's application and that the federal judiciary simply needs a few more years to refine the implementation of this new concept. Numerous problems, however, remain substantial and some may be intrinsic or even irremediable, while certain litigants, especially civil rights plaintiffs, cannot afford to wait. I trust ...


Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman May 1991

Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman

BYU Law Review

No abstract provided.


Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow May 1991

Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow

BYU Law Review

No abstract provided.


The World In Our Courts, Stephen B. Burbank May 1991

The World In Our Courts, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Defining "Co-Party" Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John D. Bessler Apr 1991

Defining "Co-Party" Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John D. Bessler

Indiana Law Journal

No abstract provided.


Defining “Co-Party” Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John Bessler Apr 1991

Defining “Co-Party” Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John Bessler

All Faculty Scholarship

No abstract provided.


Plotting The Next "Revolution" In Choice Of Law: A Proposed Approach, Gary J. Simson Apr 1991

Plotting The Next "Revolution" In Choice Of Law: A Proposed Approach, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.


Application Of Rule 11 In The Fourth Circuit Mar 1991

Application Of Rule 11 In The Fourth Circuit

Washington and Lee Law Review

No abstract provided.


Ii. Civil And Crimnal Procedure Mar 1991

Ii. Civil And Crimnal Procedure

Washington and Lee Law Review

No abstract provided.


The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings Mar 1991

The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings

Brigham Young University Journal of Public Law

No abstract provided.


Special Problems In Civil Procedure - Complex Litigation, Francis H. Hare Jr., Judge Robert M. Parker, Gerald A. Connell, Mary Kay Kane Jan 1991

Special Problems In Civil Procedure - Complex Litigation, Francis H. Hare Jr., Judge Robert M. Parker, Gerald A. Connell, Mary Kay Kane

University of Richmond Law Review Symposium

"Organization and Presentation of a Complex Case" lecture given by Francis H. Hare Jr., a partner in the law firm of Hare, Wynn, Newell & Newton, in Birmingham, Alabama.

"Judicial Management of Complex Cases" lecture given by the Honorable Robert M. Parker, Chief Judge of the United States District Court for the Eastern District of Texas.

"Complex Litigation in the Public Sector" lecture given by Gerald A. Connell, a member of the firm of Baker & Hostetler, in Washington, D.C.

"The Future of Complex Litigation" lecture given by Mary Kay Kane, academic dean and Professor of Law at Hastings College of ...


Judicial Discretion And The 1983 Amendments To The Federal Civil Rules, Carl W. Tobias Jan 1991

Judicial Discretion And The 1983 Amendments To The Federal Civil Rules, Carl W. Tobias

Law Faculty Publications

The first section of this Article briefly describes the developments which created the perception that the federal courts were experiencing a litigation explosion and which ultimately led to the promulgation of the 1983 amendments as one response to the perceived explosion. It also examines the substantive content of those changes, especially how the revisions enlarged federal judicial discretion. The second section evaluates the courts' implementation of the 1983 amendments and finds that this application has adversely affected numerous litigants, particularly civil rights plaintiffs, while providing some benefits, namely fostering more expeditious dispute resolution.

The third section provides suggestions for the ...


Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias Jan 1991

Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias

Law Faculty Publications

The United States Supreme Court promulgated the 1983 amendments to the Federal Rules of Civil Procedure out of growing concern about abuse of the civil litigation process. The most controversial aspect of the implementation of these revisions has been judicial enforcement of amended Rule 11 (the Rule) in ways that disadvantage or "chill" civil rights plaintiffs and attorneys. As the federal judiciary enters its eighth year of implementing the Rule, courts apparently have improved their application of it by becoming more solicitous of the needs of civil rights plaintiffs and their counsel, in recognition of the important social function that ...


Driving Under The Influences In Illinois, Robert G. Johnston, Thomas P. Higgins Jan 1991

Driving Under The Influences In Illinois, Robert G. Johnston, Thomas P. Higgins

Loyola University Chicago Law Journal

No abstract provided.


Complex Product Design Litigation: A Need For More Capable Fact-Finders, Ora Fred Harris Jr. Jan 1991

Complex Product Design Litigation: A Need For More Capable Fact-Finders, Ora Fred Harris Jr.

Kentucky Law Journal

No abstract provided.


Personal Jurisdiction And The Beetle In The Box, Wendy Collins Perdue Jan 1991

Personal Jurisdiction And The Beetle In The Box, Wendy Collins Perdue

Law Faculty Publications

In 1980 in World-Wide Volkswagen v. Woodson, the Supreme Court described personal jurisdiction as "an instrument of interstate federalism." Two years later in Insurance Corporation of Ireland v. Compagnie des Bauxites de Guinee, the Court back-pedaled and explained that personal jurisdiction "represents a restriction on judicial power not as a matter of sovereignty, but as a matter of individual liberty." Then, in 1985 in Phillips Petroleum v. Shutts, the Court explained that the purpose of personal jurisdiction is "to protect a defendant from the travail of defending in a distant forum." Three years later in Van Cauwenberghe v. Biard, the ...


The Video Deposition As A Civil Litigation Tool, Hugh B. Lewis Jan 1991

The Video Deposition As A Civil Litigation Tool, Hugh B. Lewis

Campbell Law Review

This Comment reports the findings of a research project on the video deposition's place in litigation. Professor Thomas P. Anderson, Norman Adrian Wiggins School of Law, supervised the project. The paper looks at video depositions from three perspectives. The first perspective outlines 30(b)(4)'s evolution through the court's interpretation of the rule. The second perspective synthesizes the many suggestions on video deposition production found in legal journals. The third perspective analyzes and collates empirical data collected from attorneys and jurors who participated in nine civil trials which used video depositions in the North Carolina Superior Court ...


Survey Of Civil Jurisdiction In Indian Country 1990, Sandra Hansen Esq. Jan 1991

Survey Of Civil Jurisdiction In Indian Country 1990, Sandra Hansen Esq.

American Indian Law Review

No abstract provided.


Jury Trial In Illinois: Chancery, Multi-Remedy, And Special Remedy Civil Cases, Robert Jay Nye, Jonathan D. Nye Jan 1991

Jury Trial In Illinois: Chancery, Multi-Remedy, And Special Remedy Civil Cases, Robert Jay Nye, Jonathan D. Nye

Loyola University Chicago Law Journal

No abstract provided.


The Quiet Revolution In Products Liability, James A. Henderson Jr., Theodore Eisenberg Jan 1991

The Quiet Revolution In Products Liability, James A. Henderson Jr., Theodore Eisenberg

Cornell Law Faculty Publications

Most revolutions are noisy, tumultuous affairs. This is as true of significant shifts in legal doctrine as it is of shifts of political power through force of arms. Indeed, the pro-plaintiff revolution in American products liability in the early 1960s will forever be associated with heroic, martial images, epitomized in Prosser's description of the assault upon, and fall of, the fortress citadel of privity. The same sort of terminology aptly could be used to describe the last five or ten years of legislative reform activity in the various states. Reacting to what many see as "crises" brought on by ...


Edmonson V. Leesville Concrete Co.: Will The Peremptory Challenge Survive Its Battle With The Equal Protection Clause, 25 J. Marshall L. Rev. 37 (1991), Steven M. Puiszis Jan 1991

Edmonson V. Leesville Concrete Co.: Will The Peremptory Challenge Survive Its Battle With The Equal Protection Clause, 25 J. Marshall L. Rev. 37 (1991), Steven M. Puiszis

UIC John Marshall Law Review

No abstract provided.