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1997

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Brigham Young University Law School

Civil Procedure

Articles 1 - 7 of 7

Full-Text Articles in Law

The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter Nov 1997

The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter

BYU Law Review

No abstract provided.

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Expert Opinion Pleading: Any Merit To Special Certificates Of Merit?, Jeffrey A. Parness Sep 1997

Expert Opinion Pleading: Any Merit To Special Certificates Of Merit?, Jeffrey A. Parness

BYU Law Review

No abstract provided.

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Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook May 1997

Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook

BYU Law Review

No abstract provided.

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A Misapplication Of Daubert: Compton V. Subaru Of America Opens The Gate For Unreliable And Irrelevant Expert Testimony, Jonathan R. Schofield May 1997

A Misapplication Of Daubert: Compton V. Subaru Of America Opens The Gate For Unreliable And Irrelevant Expert Testimony, Jonathan R. Schofield

BYU Law Review

No abstract provided.

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Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom May 1997

Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom

BYU Law Review

No abstract provided.

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Pleading And Proof: The Economics Of Legal Burdens, Thomas R. Lee Mar 1997

Pleading And Proof: The Economics Of Legal Burdens, Thomas R. Lee

BYU Law Review

Courts have traditionally assigned burdens of pleading and burdens of proof by mechanically applying any of a number of meaningless "tests." Conventional doctrine assigns these burdens to the party to whose case the issue in question is "essential," or to the party who must establish the "affirmative proposition." Neither of these tests provides a coherent methodology for making such allocations. The first is circular-an issue is "essential" by virtue of the fact that the party has been assigned the burden. The latter is unworkable; it depends on accidents of syntax and may be easily manipulated. This Article attempts to fill …

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Putting The Halper Genie Back In The Bottle: Examining United States U. Ursery In Light Of Halper, Austin, And Kurth Ranch, Sarah Jean Watterson Mar 1997

Putting The Halper Genie Back In The Bottle: Examining United States U. Ursery In Light Of Halper, Austin, And Kurth Ranch, Sarah Jean Watterson

BYU Law Review

No abstract provided.

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