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1991

Civil Procedure

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Articles 91 - 99 of 99

Full-Text Articles in Law

A Coda On Supplemental Jurisdiction, Stephen B. Burbank, Thomas D. Rowe Jr., Thomas M. Mengler Jan 1991

A Coda On Supplemental Jurisdiction, Stephen B. Burbank, Thomas D. Rowe Jr., Thomas M. Mengler

All Faculty Scholarship

No abstract provided.


The Application And Misapplication Of Ohio Rule Of Civil Procedure 54(B), Diane S. Leung Jan 1991

The Application And Misapplication Of Ohio Rule Of Civil Procedure 54(B), Diane S. Leung

Cleveland State Law Review

The rules of civil procedure, seemingly straightforward, can be misinterpreted due to attorney inattentiveness. One rule which has suffered and still is suffering from misinterpretation and misapplication is Ohio Rule of Civil Procedure 54(B), judgment upon multiple claims or involving multiple parties, the subject of this note. The following discussion, an analysis of Rule 54(B), will attempt to accomplish several tasks. First, the note will briefly describe the history, nature, and purpose of the rule. Secondly, it will analyze the major aspects and requirements of Rule 54(B). The analysis will emphasize the facets of the rule which have often been …


Rethinking Work Product, Elizabeth G. Thornburg Jan 1991

Rethinking Work Product, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

This article analyzes the traditional and law & economics explanations purporting to justify the exclusion of work product materials from discovery. It argues that none of these arguments are well founded and that, instead, the privilege increases costs and decreases the system's ability to produce appropriate settlements and accurate fact finding. To the extent that the privilege serves legitimate ends, narrower and more narrowly tailored protections would provide the necessary protection.


Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael L. Wells Jan 1991

Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael L. Wells

Scholarly Works

No doubt some reform of the federal courts is essential if they are to cope with the proliferation of litigation over the past thirty years and the resulting "congestion, delay, expense, and expansion" in the federal courts. While the problem may not amount to an "impending crisis", the burgeoning caseload surely poses a threat, at least in the long run, to the ability of the federal courts to function effectively. The hard question is not whether something should be done, but what to do about it. There is no shortage of interesting ideas. Some of the ideas that clamor for …


Complex-Litigation Reform And The Legislative Process, Charles G. Geyh Jan 1991

Complex-Litigation Reform And The Legislative Process, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.


Civil Procedure: Cooter &(And) Gell V. Hartmarx Corp: An Analysis Of Rule 11 And Its Appropriate Standard Of Review, Michael R. Annis Jan 1991

Civil Procedure: Cooter &(And) Gell V. Hartmarx Corp: An Analysis Of Rule 11 And Its Appropriate Standard Of Review, Michael R. Annis

Oklahoma Law Review

No abstract provided.


1992: High Time For American Lawyers To Learn From Europe, Or Roscoe Pound's 1906 Address Revisited, James Maxeiner Jan 1991

1992: High Time For American Lawyers To Learn From Europe, Or Roscoe Pound's 1906 Address Revisited, James Maxeiner

All Faculty Scholarship

Shows how the key points Roscoe Pound made in his famous law reform address point to foreign law study for future reform.


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.


Foreign Plaintiffs Have An Absolute Right To Have Their Causes Of Action Heard In Texas Courts: Dow Chemical Co. V. Alfaro, 786 S.W. 2d 674 (Tex. 1990), Andrew M. Coats Dec 1990

Foreign Plaintiffs Have An Absolute Right To Have Their Causes Of Action Heard In Texas Courts: Dow Chemical Co. V. Alfaro, 786 S.W. 2d 674 (Tex. 1990), Andrew M. Coats

Andrew M. Coats

No abstract provided.