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Articles 1 - 10 of 10
Full-Text Articles in Law
Better Briefs, Lydia Fearing
Better Briefs, Lydia Fearing
St. Mary's Journal on Legal Malpractice & Ethics
Abstract forthcoming
Pleading, For The Future: Conversations After Iqbal, Lee H. Rosenthal
Pleading, For The Future: Conversations After Iqbal, Lee H. Rosenthal
Dickinson Law Review (2017-Present)
No abstract provided.
Restyling The Civil Rules: Clarity Without Change, Edward H. Cooper
Restyling The Civil Rules: Clarity Without Change, Edward H. Cooper
Articles
Devoted fans and casual users of the Federal Rules of Civil Procedure will feel mixed emotions on contemplating the Style Project that aims to rewrite every rule from Rule 1 to the end. Well they might. The Style Project's purpose is simply stated. The Civil Rules, created in an inspired fit of creativity, have been amended repeatedly over the years. Experience has shown that even inspired initial drafting could not avoid all misadventures and that amendments drafted by successive generations wielding different drafting tools do not always fit well. The present rules can be reworked to say more clearly what …
Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro
Teaching First-Year Civil Procedure And Other Introductory Courses By The Problem Method, Stephen J. Shapiro
All Faculty Scholarship
I have been teaching the first-year course in Civil Procedure for twenty years, first for five years at Ohio Northern University, and for the last fifteen years at the University of Baltimore, where I also teach a required second-year course in Evidence. When I first started teaching Civil Procedure, I used a fairly typical case method. I was never very happy with this approach for teaching a course in which one of my major goals was getting the students to learn to read, interpret and apply the Federal Rules of Civil Procedure (“Federal Rules”). Gradually, I began to develop sets …
The Proper Location Of Party-Depositions Under The Federal Rules Of Civil Procedure, Jeffrey S. Kinsler
The Proper Location Of Party-Depositions Under The Federal Rules Of Civil Procedure, Jeffrey S. Kinsler
Law Faculty Scholarship
Federal Rules of Civil Procedure provide numerous mechanisms for noticing and conducting party-depositions, but they are silent about location. Determining the proper location of party-depositions requires a foray into a confusing, and sometimes inconsistent, line of case law. For instance, some courts hold that the proper location to depose a corporate representative is the judicial district in which the corporation maintains its principal place of business, while others suggest that it is the district in which the suit is pending. This Article clarifies the law concerning the proper location of party-depositions and proposes a hard-and-fast rule for determining the appropriate …
Edson R. Sunderland And The Teaching Of Procedure, Charles H. King
Edson R. Sunderland And The Teaching Of Procedure, Charles H. King
Michigan Law Review
Once having arrived at the University of Michigan Law School, Edson Sunderland never left, except on a temporary basis. He entered the school in 1898, having previously received his Bachelor's and Master's degrees from the University's College of Literature, Science and the Arts. Immediately upon his graduation in 1901 he was invited to become a member of the faculty, an invitation which he accepted effective the following fall.
Edson R. Sunderland's Contribution To The Reform Of Civil Procedure In Illinois, George Ragland Jr.
Edson R. Sunderland's Contribution To The Reform Of Civil Procedure In Illinois, George Ragland Jr.
Michigan Law Review
Illinois is greatly indebted to Edson R. Sunderland for the effective and enduring contributions which he made to the Civil Practice Act of 1933. That reform was encouraged in no small degree by his speeches and writings. He served as its principal draftsman. His suggestions were of much assistance to the bench and bar of the state in modifying and implementing the original draft so that the measure could be successfully put into operation. Regulation of details of practice by rules of court, which was a primary feature of Professor Sunderland's draft and one which he helped defend against attack, …
Edson R. Sunderland And Judicial Administration, Glenn R. Winters
Edson R. Sunderland And Judicial Administration, Glenn R. Winters
Michigan Law Review
The name of Edson R. Sunderland stands out as one of the great and forward-looking leaders of his generation and of all time in the improvement of the administration of justice.
Edson R. Sunderland's Role In Michigan Procedure, Jason L. Honigman
Edson R. Sunderland's Role In Michigan Procedure, Jason L. Honigman
Michigan Law Review
More than any other individual, Professor Edson R. Sunderland has had a tremendous impact upon the Michigan law of procedure. The procedural reforms which he urged and molded into the Michigan law of procedure have been in use for nearly half a century, and to this day are the framework for our procedural laws.
Edson Sunderland And The Federal Rules Of Civil Procedure, Charles E. Clark
Edson Sunderland And The Federal Rules Of Civil Procedure, Charles E. Clark
Michigan Law Review
It was my privilege to be associated with Edson Sunderland for many years in a major endeavor for the improvement of law administration, namely, the framing of the Federal Rules of Civil Procedure. In this association I came to know what a rare spirit he was, how devoted to the public service he had undertaken, and yet withal how gay and charming a friend and co-worker he always showed himself. In the roster of American workers for better justice he stands preeminent for the length, the original character, and the unique persistence of his labors. But this wholehearted idealism in …