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2009

Civil Procedure

Institution
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Articles 1 - 30 of 115

Full-Text Articles in Law

Just Go Away: Representation, Due Process, And Preclusion In Class Actions, Debra Lyn Bassett Dec 2009

Just Go Away: Representation, Due Process, And Preclusion In Class Actions, Debra Lyn Bassett

BYU Law Review

No abstract provided.


Partnership Derivative Suits: Jennings V. Kay Jennings Ltd. P'Ship, Patricia Collins Mccullagh Nov 2009

Partnership Derivative Suits: Jennings V. Kay Jennings Ltd. P'Ship, Patricia Collins Mccullagh

University of Richmond Law Review

No abstract provided.


Election Of Remedies In The Twenty-First Century: Centra Health, Inc. V. Mullins, L. Steven Emmert Nov 2009

Election Of Remedies In The Twenty-First Century: Centra Health, Inc. V. Mullins, L. Steven Emmert

University of Richmond Law Review

No abstract provided.


Civil Practice And Procedure, Hon. Jane Marum Roush Nov 2009

Civil Practice And Procedure, Hon. Jane Marum Roush

University of Richmond Law Review

No abstract provided.


Loss Causation And Class Certification, Steven Serajeddini Nov 2009

Loss Causation And Class Certification, Steven Serajeddini

Michigan Law Review

Courts have long faced difficulty interpreting loss causation under Section 10b-5 of the Securities Act of 1934. This difficulty stems from the seemingly irreconcilable conflict between this core element of common law fraud and the procedural demands of Rule 23 of the Federal Rules of Civil Procedure, the typical vehicle for a 10b-5 class action. Recently, some courts and commentators have begun to consider loss causation as an individualized inquiry that is not common among class members, and one that therefore warrants consideration at the class certification stage. The existing justifications center on the conceptually distinct 10b-5 element of reliance, …


Summary Of Nc-Dsh, Inc. V. Garner, 125 Nev. Adv. Op. No. 50, Amy C. Ma Oct 2009

Summary Of Nc-Dsh, Inc. V. Garner, 125 Nev. Adv. Op. No. 50, Amy C. Ma

Nevada Supreme Court Summaries

Appeal from a district court order vacating a stipulated final judgment under NRCP 60(b) for fraud on the court.


Plausibly Pleading Personal Jurisdiction, Jayne S. Ressler Oct 2009

Plausibly Pleading Personal Jurisdiction, Jayne S. Ressler

Faculty Scholarship

No abstract provided.


Improper Joinder: Confronting Plaintiffs' Attempts To Destroy Federal Subject Matter Jurisdiction., Paul Rosenthal Oct 2009

Improper Joinder: Confronting Plaintiffs' Attempts To Destroy Federal Subject Matter Jurisdiction., Paul Rosenthal

American University Law Review

No abstract provided.


Imagining Judges That Apply Law: How They Might Do It, James Maxeiner Oct 2009

Imagining Judges That Apply Law: How They Might Do It, James Maxeiner

All Faculty Scholarship

"Judges should apply the law, not make it." That plea appears perennially in American politics. American legal scholars belittle it as a simple-minded demand that is silly and misleading. A glance beyond our shores dispels the notion that the American public is naive to expect judges to apply rather than to make law.

American obsession with judicial lawmaking has its price: indifference to judicial law applying. If truth be told, practically we have no method for judges, as a matter of routine, to apply law to facts. Our failure leads American legal scholars to question whether applying law to facts …


Understanding Pleading Doctrine, A. Benjamin Spencer Oct 2009

Understanding Pleading Doctrine, A. Benjamin Spencer

Faculty Publications

Where does pleading doctrine, at the federal level, stand today? The Supreme Court's revision of general pleading standards in Bell Atlantic Corp. v. Twombly has not left courts and litigants with a clear or precise understanding of what it takes to state a claim that can survive a motion to dismiss. Claimants are required to show "plausible entitlement to relief" by offering enough facts "to raise a right to relief above the speculative level." Translating those admonitions into predictable and consistent guidelines has proven illusory. This Article proposes a descriptive theory that explains the fundaments of contemporary pleading doctrine in …


There's A Pennoyer In My Foyer: Civil Procedure According To Dr. Seuss, Elizabeth Chamblee Burch Oct 2009

There's A Pennoyer In My Foyer: Civil Procedure According To Dr. Seuss, Elizabeth Chamblee Burch

Scholarly Works

This is what it purports to be: a Seussian take on civil procedure. It’s a short, fun essay that covers (1) the iron triangle of civil procedure - the role of lawyers, judges, and juries, and (2) prominent civil procedure doctrines, such as personal jurisdiction, Erie, pleading, discovery, and joinder.


Understanding Pleading Doctrine, A. Benjamin Spencer Oct 2009

Understanding Pleading Doctrine, A. Benjamin Spencer

Michigan Law Review

Where does pleading doctrine, at the federal level, stand today? The Supreme Court's revision of general pleading standards in Bell Atlantic Corp. v. Twombly has not left courts and litigants with a clear or precise understanding of what it takes to state a claim that can survive a motion to dismiss. Claimants are required to show "plausible entitlement to relief' by offering enough facts "to raise a right to relief above the speculative level." Translating those admonitions into predictable and consistent guidelines has proven illusory. This Article proposes a descriptive theory that explains the fundaments of contemporary pleading doctrine in …


Summary Of In Re Estate Of Miller, 125 Nev. Adv. Op. 42, Daniel M. Ryan Sep 2009

Summary Of In Re Estate Of Miller, 125 Nev. Adv. Op. 42, Daniel M. Ryan

Nevada Supreme Court Summaries

This case is an appeal and cross-appeal from the district court’s order denying the defendant’s motion for attorney fees but awarding costs in a case pertaining to the distribution of the decedent’s (Rose Miller’s) estate.


Summary Of Bower V. Harrah’S Laughlin, Inc., 125 Nev. Adv. Op. No. 37, John Ward Sep 2009

Summary Of Bower V. Harrah’S Laughlin, Inc., 125 Nev. Adv. Op. No. 37, John Ward

Nevada Supreme Court Summaries

No abstract provided.


Análisis Del Conflicto Entre Derechos De Distinto Contenido Que Recaen Sobre Un Mismo Bien Inmueble Inscrito. En Búsqueda De La Ratio Legis Del Segundo Párrafo Del Artículo 2022 Del Código Civil, Jimmy J. Ronquillo Pascual Sep 2009

Análisis Del Conflicto Entre Derechos De Distinto Contenido Que Recaen Sobre Un Mismo Bien Inmueble Inscrito. En Búsqueda De La Ratio Legis Del Segundo Párrafo Del Artículo 2022 Del Código Civil, Jimmy J. Ronquillo Pascual

Jimmy J. Ronquillo Pascual

Continuando con el análisis del confl icto entre la propiedad no inscrita y el embargo, el autor en la segunda parte de su investigación plantea válidos argumentos debidamente fundamentados en reconocida doctrina para proponer una solución al conflicto: los derechos de créditos previamente inscritos prevalecerán por sobre los derechos reales no inscritos. La seguridad jurídica así como el criterio dirimente otorgado al registro, son dos de los argumentos que plantea el autor para sustentar su propuesta. Sin lugar a dudas, es un interesante estudio digno de ser revisado.


The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr. Jul 2009

The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal and practical aspects of ATMs in Tanzania. The major problems that were being examined are; the 24 hours operation on ATMs vis-à-vis system failure or error and the system of one bank allowing cardholders of another bank to use its ATMs. With the first problem, all banks in Tanzania with ATMs have attractive advertisements to customers that affirm sufficient services in any time of the day but in reality, the machines usually fail to respond the instructions of the cardholder regardless the fact that the cardholder inserts the card and …


How Many Plaintiffs Are Enough? Venue In Title Vii Class Actions, Piper Hoffman Jul 2009

How Many Plaintiffs Are Enough? Venue In Title Vii Class Actions, Piper Hoffman

University of Michigan Journal of Law Reform

This Article critiques the recent rash of federal district court opinions holding that all named plaintiffs in a class action lawsuit alleging employment discrimination under Title VII of the Civil Rights Act of 1964 must satisfy the venue requirements in the court where they filed the action. Neither the text nor the history of Title VII requires this prevailing interpretation; to the contrary, requiring every named plaintiff to satisfy venue requirements in the same court undermines the legislative purpose behind both Title VII and Federal Rule of Civil Procedure 23 by creating a new obstacle to employees seeking to enforce …


Sunshine In Litigation Act Of 2009: Hearing Before The Subcomm. On Commercial And Administrative Law Of The H. Comm. On The Judiciary, 111th Cong., June 4, 2009 (Statement Of Sherman L. Cohn, Prof. Of Law, Geo. U. L. Center), Sherman L. Cohn Jun 2009

Sunshine In Litigation Act Of 2009: Hearing Before The Subcomm. On Commercial And Administrative Law Of The H. Comm. On The Judiciary, 111th Cong., June 4, 2009 (Statement Of Sherman L. Cohn, Prof. Of Law, Geo. U. L. Center), Sherman L. Cohn

Testimony Before Congress

I urge that the issue before the Congress in the proposed “Sunshine in Litigation Act of 2009” is really one of social values and a choice to be made among various values and that that is a substantive matter rather than a mere matter of procedure. It is a choice among values that Congress, the legislative arm of the federal government, is charged with making and in this case should make.


Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García Jun 2009

Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos

"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"


Examining Orders Of Protection: An Analysis Of The Court System In A Rural Tennessee County., Jaclyn Anderson May 2009

Examining Orders Of Protection: An Analysis Of The Court System In A Rural Tennessee County., Jaclyn Anderson

Electronic Theses and Dissertations

To provide safety to domestic violence victims, law reform efforts provided victims with a civil remedy in which a judge orders the abuser to stay away from the victim.

The research uses 1 rural county judicial system data to evaluate protective orders. Findings indicate that 42% of petitions are dismissed by petitioner's request or failure to prosecute. Moreover, court fees are not recouped in 79% of the cases.

Logistic regression analysis indicate that an intimate relationship between the parties and payment of court costs by petitioner increased the probability of dismissal of petition upon petitioner's request; use of a gun …


Superpoked And Served: Service Of Process Via Social Networking Sites, Andriana L. Shultz May 2009

Superpoked And Served: Service Of Process Via Social Networking Sites, Andriana L. Shultz

University of Richmond Law Review

No abstract provided.


Legal Process And Choice Of Law, William L. Reynolds Apr 2009

Legal Process And Choice Of Law, William L. Reynolds

William L. Reynolds

No abstract provided.


The Iron Law Of Full Faith And Credit, William L. Reynolds Apr 2009

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

William L. Reynolds

No abstract provided.


Access To Justice, Andrew J. Cannon Apr 2009

Access To Justice, Andrew J. Cannon

Andrew J Cannon

An overview of the ways that access to justice is rationed and ways to improve then


Law Day Oral Argument Session 5th District Court Of Appeal, 2009, Honorable Jacqueline R. Griffin, Presiding Judge, Honorable C. Alan Lawson, Honorable Kerry I. Evander Apr 2009

Law Day Oral Argument Session 5th District Court Of Appeal, 2009, Honorable Jacqueline R. Griffin, Presiding Judge, Honorable C. Alan Lawson, Honorable Kerry I. Evander

Law Day Presentations

As part of Law Day, a panel of three justices from the Florida Fifth District Court of Appeal hear oral arguments for the following three cases: Huck v. State, Alsobiae v. Parkinson, and Demings, Sheriff v. Orange County Citizen Review Board. Following each oral argument, the Court takes questions on Court procedures and operations.


Diversity And Discrimination: A Look At Complex Bias, Minna Kotkin Apr 2009

Diversity And Discrimination: A Look At Complex Bias, Minna Kotkin

Faculty Scholarship

No abstract provided.


Assuring Consistency And Uniformity Of Precedent And Legal Doctrine In The Areas Of Subject Matter Jurisdiction Entrusted Exclusively To The U.S. Court Of Appeals For The Federal Circuit: A View From The Top A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Foreword, Paul R. Michel Apr 2009

Assuring Consistency And Uniformity Of Precedent And Legal Doctrine In The Areas Of Subject Matter Jurisdiction Entrusted Exclusively To The U.S. Court Of Appeals For The Federal Circuit: A View From The Top A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Foreword, Paul R. Michel

American University Law Review

No abstract provided.


Liability: How To Stay Out Of Court, Stephanie Keene, Emily Dillard, Kyanna Coffee, Jeremy Jenkins Apr 2009

Liability: How To Stay Out Of Court, Stephanie Keene, Emily Dillard, Kyanna Coffee, Jeremy Jenkins

Parameters of Law in Student Affairs and Higher Education (CNS 670)

Liability can be defined as being held legally responsible for an incident that may occur. As student affairs professionals, one must be very cautious as to stay out of court. Every word or action a student affairs professional does may be scrutinized and twisted to make them or their given university legally responsible for any adverse incidents that they may have had some involvement with. Incidents which student affairs professionals may be held responsible for can range anywhere from student deaths to expulsion/removal from school and much more. This handbook is designed to better educate you about liability and how …


Evaluating Columbia Pictures Industries V. Bunnell And The Role Of Ram Under The Federal Rules Of Civil Procedure On E-Discovery, Loren M. Hall Apr 2009

Evaluating Columbia Pictures Industries V. Bunnell And The Role Of Ram Under The Federal Rules Of Civil Procedure On E-Discovery, Loren M. Hall

Washington Journal of Law, Technology & Arts

In 2007, the District Court for the Central District of California required the preservation of data stored in random access memory (RAM), which sparked significant commentary about the rapidly expanding realm of electronically-stored discoverable information. This Article addresses the impact of Columbia Pictures Industries v. Bunnell in the context of the duty to preserve and produce documents, and the scope of information that can be subject to e-discovery obligations. This Article also describes how the 2006 amendments to the Federal Rules of Civil Procedure provide a necessary limitation—reasonableness—on the costly and unrealistic preservation, and subsequent production, of electronic information. Furthermore, …


Recent Jurisdiction Developments In The New York Court Of Appeals, Jay C. Carlisle Apr 2009

Recent Jurisdiction Developments In The New York Court Of Appeals, Jay C. Carlisle

Pace Law Review

No abstract provided.