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1994

Civil Procedure

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Articles 1 - 30 of 54

Full-Text Articles in Law

Batson V. Kentucky And J.E.B. V. Alabama Ex Rel. T.B.: Is The Peremptory Challenge Still Preeminent?, Eric N. Einhorn Dec 1994

Batson V. Kentucky And J.E.B. V. Alabama Ex Rel. T.B.: Is The Peremptory Challenge Still Preeminent?, Eric N. Einhorn

Boston College Law Review

No abstract provided.


On War And Justice, Jeffrey C. Tuomala Oct 1994

On War And Justice, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


New Wine In An Old Bottle—Arkansas's Liberalized Class Action Procedure—A Boon To The Consumer Class Action?, Kenneth S. Gould Oct 1994

New Wine In An Old Bottle—Arkansas's Liberalized Class Action Procedure—A Boon To The Consumer Class Action?, Kenneth S. Gould

University of Arkansas at Little Rock Law Review

No abstract provided.


Statutory Post-Judgment Interest: The Effect Of Legislative Changes After Judgment And Suggestions For Construction, Brian P. Miller Sep 1994

Statutory Post-Judgment Interest: The Effect Of Legislative Changes After Judgment And Suggestions For Construction, Brian P. Miller

BYU Law Review

No abstract provided.


Prosecutorial Immunity: Imbler, Burns, And Now Buckley U. Fitzsimmons-The Supreme Court's Attempt To Provide Guidance In A Difficult Area, Jeffery J. Mckenna Sep 1994

Prosecutorial Immunity: Imbler, Burns, And Now Buckley U. Fitzsimmons-The Supreme Court's Attempt To Provide Guidance In A Difficult Area, Jeffery J. Mckenna

BYU Law Review

No abstract provided.


A Progress Report In Automatic Disclosure In The Federal Districts, Carl W. Tobias Aug 1994

A Progress Report In Automatic Disclosure In The Federal Districts, Carl W. Tobias

Law Faculty Publications

In this brief article, Tobias gives an update on a controversial amendment in the Federal Rules of Civil Procedure, which provides for mandatory prediscovery, or automatic, disclosure. This articles serves to update readers on developments and clarifications since the author's previous article on the subject, published half a year earlier.


Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman Jul 1994

Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

Scholarly Articles

Not available.


Civil Contempt And The Rational Contemnor, Linda S. Beres Jul 1994

Civil Contempt And The Rational Contemnor, Linda S. Beres

Indiana Law Journal

No abstract provided.


The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank Jul 1994

The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Fisons: Will It Tame The Beast Of Discovery Abuse?, Barbara J. Gorham Jul 1994

Fisons: Will It Tame The Beast Of Discovery Abuse?, Barbara J. Gorham

Washington Law Review

In WSPIEA v. Fisons, the Washington Supreme Court held that evasive and misleading discovery tactics violate Civil Rule 26(g). This Note examines the discovery tactics used in Fisons against the backdrop of the historic failure of courts to impose adequate sanctions for discovery abuse. It argues that courts must do more to deter discovery abuse by clearly articulating the requirements of the rules governing discovery, imposing severe sanctions for discovery abuse, and closely monitoring discovery in large, complex cases.


Civil Procedure: Other Disciplines, Globalization, And Simple Gifts, Gene R. Shreve May 1994

Civil Procedure: Other Disciplines, Globalization, And Simple Gifts, Gene R. Shreve

Michigan Law Review

A Review of American Civil Procedure: An Introduction by Geoffrey C. Hazard, Jr. and Michele Taruffo


Pragmatism Applied: Imagining A Solution To The Problem Of Court Congestion, Michael L. Seigel Apr 1994

Pragmatism Applied: Imagining A Solution To The Problem Of Court Congestion, Michael L. Seigel

UF Law Faculty Publications

Can we improve the efficiency of jury trials? If so, would this reduce the problem of court congestion? Is there any reason to favor this approach over those that seek to avoid jury trials altogether?

This Article attempts to answer these difficult questions. It does so by articulating and then employing a methodology suggested by recent scholarly ruminations about the philosophy of pragmatism and its implications for legal scholarship and practice. Although pragmatism does not provide "right answers" to questions of legal doctrine-indeed, it rejects the notion that such things exist-it does provide some guidance in formulating the search for ...


Perceptions Of Civil Justice: The Litigation Crisis Attitudes Of Civil Jurors, Valerie P. Hans, William S. Lofquist Apr 1994

Perceptions Of Civil Justice: The Litigation Crisis Attitudes Of Civil Jurors, Valerie P. Hans, William S. Lofquist

Cornell Law Faculty Publications

Public perceptions that the civil justice system is in crisis are apparently widespread, but little is known about the causes or correlates of such views. This article analyzes the litigation crisis attitudes of a sample of civil jurors. Like the public, jurors endorsed a number of statements suggesting that there is a litigation crisis. Factor analysis identified two independent components: general concern over excessive litigation, and criticism of the civil jury. Litigation crisis views were found in all demographic and attitudinal subgroups. However, attitudes about the civil justice system were related to the respondent's political efficacy, claims consciousness, belief ...


On War And Justice, Jeffrey C. Tuomala Jan 1994

On War And Justice, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


The Transmittal Letter Translated, Carl W. Tobias Jan 1994

The Transmittal Letter Translated, Carl W. Tobias

Law Faculty Publications

The letter in which Chief Justice Rehnquist transmitted to Congress amendments to various Federal Rules of Civil Procedure, which became effective on December 1, 1993 is reproduced. Professor Tobias then offers his "translation" of the letter with his interpretation of what likely took place during the rule revision process involving the Advisory Committee on the Civil Rules, emphasizing the controversial revision of F.R.C.P. Rule 11.


The 1993 Revision Of Federal Rule 11, Carl W. Tobias Jan 1994

The 1993 Revision Of Federal Rule 11, Carl W. Tobias

Law Faculty Publications

The 1983 revision of Rule 11 of the Federal Rules of Civil Procedure ("Rule 11" or the "Rule") proved to be the most controversial amendment in the long history of the Federal Rules. Many federal judges inconsistently interpreted the provision's language and inconsistently applied the Rule. The 1983 version fostered much costly, unwarranted satellite litigation over its phrasing and the magnitude of sanctions that courts imposed while increasing incivility among lawyers. Rule 11 motions were filed and granted against civil rights plaintiffs more frequently than any other class of litigant, and numerous judges vigorously enforced the provision against the ...


The Straight-Line Method Of Determining Personal Jurisdiction, John M. Brumbaugh, William L. Reynolds Jan 1994

The Straight-Line Method Of Determining Personal Jurisdiction, John M. Brumbaugh, William L. Reynolds

Faculty Scholarship

No abstract provided.


The Iron Law Of Full Faith And Credit, William L. Reynolds Jan 1994

The Iron Law Of Full Faith And Credit, William L. Reynolds

Faculty Scholarship

No abstract provided.


Civil Justice Reform In The United States — Opportunity For Learning From 'Civilized' European Procedure Instead Of Continued Isolation?, Ernst C. Stiefel, James Maxeiner Jan 1994

Civil Justice Reform In The United States — Opportunity For Learning From 'Civilized' European Procedure Instead Of Continued Isolation?, Ernst C. Stiefel, James Maxeiner

All Faculty Scholarship

This article reports on present and past efforts at civil justice reform in the United States and assesses the opportunities for learning from Continental models. European jurists have long urged that their American colleagues consider using continental approaches in dealing with the serious problems that afflict the American system of civil justice. A few years back, our colleague Kötz noted that "If there is a desire to reform American civil procedure, either by making changes within the adversary system or by developing alternative methods of dispute resolution, the Continental experience may be well worth studying."


Annual Survey Of Virginia Law: Civil Practice And Procedure, Donald P. Boyle Jr. Jan 1994

Annual Survey Of Virginia Law: Civil Practice And Procedure, Donald P. Boyle Jr.

University of Richmond Law Review

Virginia courts and the General Assembly have effected a number of changes in civil practice and procedure during the past year. This article focuses on some significant developments of interest to the general litigation attorney.


1993 Federal Rules Amendments And The Montana Civil Rules, Carl W. Tobias Jan 1994

1993 Federal Rules Amendments And The Montana Civil Rules, Carl W. Tobias

Law Faculty Publications

On December 1, 1993, the most comprehensive package of amendments to the Federal Rules of Civil Procedure (Federal Rules) in their half-century history became effective. Although the revisions include a number of changes that are relatively innocuous, modifications in Rule 11 governing sanctions and Rule 26 requiring mandatory pre-discovery or automatic disclosure were and remain controversial. The amendment to Rule 11 altered the 1983 revision of that Rule which had proved to be the most controversial amendment ever developed. The amendment to Rule 26 prescribing automatic disclosure was the most controversial formal proposal changing the Rules in their history. These ...


Recovered Memories Of Alleged Sexual Abuse: An Analysis Of The Theory Of Repressed Memories Under The Washington Rules Of Evidence, Colette Mulrenan Smith Jan 1994

Recovered Memories Of Alleged Sexual Abuse: An Analysis Of The Theory Of Repressed Memories Under The Washington Rules Of Evidence, Colette Mulrenan Smith

Seattle University Law Review

This Comment explores whether testimony regarding repressed memories is admissible under Washington rules of evidence. This Comment concludes that the process of repression and accurate recall of memories has not been proven to be a sufficiently reliable and trustworthy phenomenon to justify admission of evidence that abuse occurred.


Standard Of Review (State & Federal): A Primer, Kelly Kunsch Jan 1994

Standard Of Review (State & Federal): A Primer, Kelly Kunsch

Seattle University Law Review

This Article will define standard of review, trace its origins and evolution, and discuss how the appropriate standard of review is determined. A brief discussion of each standard will follow the general discussion. Finally, suggestions will be made for analyzing standard of review problems. The main point is that standards of review are and should be flexible. Courts must recognize this and must look to the policies behind a standard when they select and apply it in a particular case.


Rediscovering Discovery: Washington State Physicians Insurance Exchange And Association V. Fisons Corporation, Brian J. Beck Jan 1994

Rediscovering Discovery: Washington State Physicians Insurance Exchange And Association V. Fisons Corporation, Brian J. Beck

Seattle University Law Review

Section I of this Article will present a model of the adversarial system and argue that the discovery process, although a component of that system, cannot function under the model. Section II lays out the facts of the Fisons case, the arguments presented by each side, and the court's decision. Section III discusses a survey conducted by the Author, which sought to ascertain the decision's impact on members of the Seattle bar. Utilizing survey results and observations regarding the adversarial system, the section then pinpoints some potentially troublesome issues left unresolved by the court and suggests ways to ...


Improving The 1988 And 1990 Judicial Improvements Acts, Carl W. Tobias Jan 1994

Improving The 1988 And 1990 Judicial Improvements Acts, Carl W. Tobias

Law Faculty Publications

In this article, Professor Tobias analyzes and attempts to harmonize the conflicting frameworks for civil procedure reform embodied in the Civil Justice Reform Act of 1990 (CJRA) and its immediate predecessor, the Judicial Improvements and Access to Justice Act of 1988 (JIA). Congress intended the JIA to open the national and local rulemaking processes to public scrutiny and to decrease the use of local rules. Yet Professor Tobias finds the 1990 Act at odds with the earlier measure in several ways. By encouraging local experiments aimed at reducing litigation costs and delay, he argues, the CJRA shifted the locus of ...


The 1993 Revision Of Federal Rule 11, Carl Tobias Jan 1994

The 1993 Revision Of Federal Rule 11, Carl Tobias

Indiana Law Journal

No abstract provided.


Limitation Of Legal Malpractice Actions: Defining Actual Injury And The Problem Of Simultaneous Litigation, Tyler T. Ochoa, Andrew Wilstrich Jan 1994

Limitation Of Legal Malpractice Actions: Defining Actual Injury And The Problem Of Simultaneous Litigation, Tyler T. Ochoa, Andrew Wilstrich

Faculty Publications

In this article, we will first review the development of the "actual injury" tolling provision in California, from its judicial adoption in 1971 to its legislative adoption in 1977. Second, we will explore the policies underlying the legal malpractice statute of limitation and the countervailing policies that may make delayed accrual or tolling desirable in situations involving simultaneous litigation. Third, we will examine case law applying the "actual injury" tolling provision to various fact situations and analyze potential legal solutions to the problem of defining "actual injury," including the doctrine of equitable tolling. Finally, we will demonstrate how the doctrine ...


Kentucky's Strict Summary Judgment Standard In Light Of The Supreme Court's Ruling In Steelvest, Inc. V. Scansteel Service Center, Heather C. Wright Jan 1994

Kentucky's Strict Summary Judgment Standard In Light Of The Supreme Court's Ruling In Steelvest, Inc. V. Scansteel Service Center, Heather C. Wright

Kentucky Law Journal

No abstract provided.


Discovery In The Real World, Minna J. Kotkin Jan 1994

Discovery In The Real World, Minna J. Kotkin

Faculty Scholarship

No abstract provided.


Mandatory Disclosure And Local Abrogation: In Search Of A Theory For Optional Rules, Lauren K. Robel Jan 1994

Mandatory Disclosure And Local Abrogation: In Search Of A Theory For Optional Rules, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.