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Articles 1 - 8 of 8
Full-Text Articles in Law
Intervention In The Public Interest Under Rule 24(A)(2) Of The Federal Rules Of Civil Procedure
Intervention In The Public Interest Under Rule 24(A)(2) Of The Federal Rules Of Civil Procedure
Washington and Lee Law Review
No abstract provided.
Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber
Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber
University of Michigan Journal of Law Reform
This Article examines whether Rule 23(b)(2) violates the procedural due process rights of absent class members by binding them to the judgment in a class case without notice of the suit. It concludes that the Rule almost certainly violates due process and proposes a reform that would permit nonbinding class actions similar to the old "spurious" class suits.
Applying Rule 11 To Rid Courts Of Frivolous Litigation Without Chilling The Bar's Creativity, Robin Johnson Collins
Applying Rule 11 To Rid Courts Of Frivolous Litigation Without Chilling The Bar's Creativity, Robin Johnson Collins
Kentucky Law Journal
No abstract provided.
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Touro Law Review
No abstract provided.
Rule 11 Of The Federal Rules Of Civil Procedure And The Duty To Withdraw A Baseless Pleading, Julia K. Cowles
Rule 11 Of The Federal Rules Of Civil Procedure And The Duty To Withdraw A Baseless Pleading, Julia K. Cowles
Fordham Law Review
No abstract provided.
Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner
Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner
Publications
No abstract provided.
Addressing The Adversarial Dilemma Of Civil Discovery, Michael E. Wolfson
Addressing The Adversarial Dilemma Of Civil Discovery, Michael E. Wolfson
Cleveland State Law Review
There can be no question that the emergence of modern pretrial discovery has contributed enormously to making the conduct of a lawsuit a more fair, just, and efficient process. But discovery also offers a substantial potential for mischief. Since few civil cases today are actually resolved at trial, trouble in the pretrial phase of litigation signals potentially major problems in the legal system's role as the nation's primary dispute resolution mechanism. It is the purpose of this Article to examine the issue of discovery abuse in light of the fundamental adversarial dilemma of the discovery process and propose a new …
Civil Rule 52(A): Rationing And Rationalizing The Resources Of Appellate Review, Edward H. Cooper
Civil Rule 52(A): Rationing And Rationalizing The Resources Of Appellate Review, Edward H. Cooper
Articles
My text is a single and rather simple sentence from Rule 52(a) of the Federal Rules of Civil Procedure: Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. My theme is equally simple.. Rule 52(a) serves a vital institutional role in allocating the responsibility and the power of decision between district courts and the courts of appeals. The "dearly erroneous" standard of appellate review established by the Rule is a …