Civil Law Commons^™

Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, Patrick M. Mayette

University of Richmond Law Review

This article reviews some of the recent developments and changes effected by the Supreme Court of Virginia and the Virginia General Assembly which affect and involve civil litigation. The scope of this paper does not extend to criminal procedure. This paper is not intended to be an all inclusive compilation, but rather a sampling of case law and legislative enactments of interest to the civil litigation attorney.

Relation Back Of "John Doe" Complaints In Federal Court: What You Don't Know Can Hurt You, Steven S. Sparling

Cardozo Law Review

No abstract provided.

Proposed Arkansas Model Contract Jury Instructions (Unofficial Preliminary Draft For Comments), William A. Waddell Jr., Matthew Horan, Stanley Rauls, Steven Rowell

University of Arkansas at Little Rock Law Review

No abstract provided.

Proposed Arkansas Model Fraud Jury Instructions (Unofficial Working Draft), Charles D. Harrison, Roger D. Rowe, William A. Waddell Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Cultural Chauvinism In Comparative Law, John H. Langbein

Cardozo Journal of International and Comparative Law

The article critiques the use of cultural stereotypes to dismiss the potential of adopting superior legal procedures from other countries, specifically targeting Oscar Chase's argument that American cultural traits prevent the adoption of German civil procedure reforms. It argues that such cultural chauvinism obscures the inefficiencies and injustices in the American adversary system and that procedural improvements from comparative law should not be dismissed based on cultural differences.

Legal Processes And National Culture, Oscar G. Chase

Cardozo Journal of International and Comparative Law

The article examines the relationship between national culture and legal processes, arguing that cultural differences significantly impact the feasibility of adopting foreign legal procedures. It focuses on the suggestion to adopt German civil litigation rules in the U.S., asserting that cultural barriers, particularly regarding authority and individualism, make such adoption problematic. The author contends that understanding these cultural dimensions is crucial for evaluating legal reforms.

Playing The Culture Card In Resisting Cross-Jurisdictional Transplants: A Comment On "Legal Processes And National Culture", John D. Jackson

Cardozo Journal of International and Comparative Law

The article critiques Oscar Chase's argument that cultural differences between nations, particularly Germany and the United States, pose formidable barriers to transplanting legal procedures from one jurisdiction to another. While acknowledging the importance of culture in shaping legal institutions, the analysis suggests that the influence of national culture on legal processes is more nuanced and less deterministic than Chase implies. It argues that legal systems are capable of change and adaptation, and that globalization and convergence of legal traditions may mitigate the predicted cultural misfit.

Sexual Character Evidence In Civil Actions: Refining The Propensity Rule, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

When claims of sexual misconduct are made, two threads are often seen in the kinds of questions raised: Did she "invite it," and has he ever done it before? The way these questions are handled can determine the outcome of a sexual misconduct case. In 1995, Congress weighed in on whether these questions could be asked in civil cases in federal court and adopted two significant changes to the rules of evidence. One, revised Rule 412,4 extends "rape shield" protection to civil actions that claim sexual misconduct, including sexual harassment. The other, new Rule 415,5 allows plaintiffs to offer evidence …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996

Touro Law Review

No abstract provided.

Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper

University of Richmond Law Review

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

The Innocent Owner Defense To Civil Forfeiture Proceedings, Peter David Houtz

University of Richmond Law Review

The Constitution of the United States prohibits the deprivation of "life, liberty, or property, without due process of law." The Constitution also expressly states that private property may not be "taken" by the government without "just compensation." Seizures and forfeitures of personal and real property without notification or hearing and without compensation have, however, become a powerful tool used by the government to deter crime.

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Faculty Publications

No abstract provided.

The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon

Articles

This essay begins by asking why lawyers bring frivolous cases, cases which, under the standard definitions of frivolousness, have no chance of success and should never have been brought. Rejecting the usual answers of lawyer stupidity and greed, it offers a different view of the frivolous case --that most of the cases that have been challenged and sanctioned in recent years under Rule 11 were brought by lawyers bringing cases they reasonably believed had a low (but not zero) probability of success. This provides a more plausible explanation for wy lawyers persist in bringing such cases, since they are essentially …

A Case Study Of Bad Faith Refusal To Settle: Doctrinal, Normative And Practical Analysis Of Missouri Law, Jeffrey E. Thomas

Faculty Works

No abstract provided.

Just Deserts And Lenient Prosecutors: The Flawed Case For Real--Offense Sentencing, David Yellen

Articles

No abstract provided.

Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper

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. Matters affecting real property and juvenile and domestic relations are treated elsewhere in this volume.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The Fourth Amendment's Forcing Of Flawed Choices: Giving Content To Freedom For Residents Of Public Housing - Pratt V. Chicago Housing Authority, 848 F. Supp. 792 (N.D. Ill. 1994), Erika George

Faculty Scholarship

In April 1994, the United States District Court for the Northern District of Illinois issued a preliminary injunction halting the "Operation Clean Sweep" program operated by the Chicago Housing Authority ("CHA"). ³ The court did so over the protestations of some of those most affected, the public housing residents subjected to the CHA's searches. ⁴ Pratt v. Chicago Housing Authority⁵ attracted the attention of the nation and President William Clinton, who requested that the Justice Department investigate ways to strengthen security in public housing without offending the Fourth and Fourteenth Amendments of the United States Constitution.

Civil libertarians applauded …

A Rejoinder, Jonathan R. Macey

Cardozo Law Review

In a rare moment of self-restraint, I resolved not to bother to write a comment to David Ratner's spirited but unconvincing reply to my earlier article in the Cardozo Law Review. Since Ratner's response contained no defense whatsoever of the work of the Securities and Exchange Commission ("SEC"), no criticism whatsoever of my general theory of agency obsolescence, and no theory of its own to defend the SEC, it seemed to me at first that the best course of action was to allow Ratner's reply to serve as its own refutation.

Liability-Based Fee-Shifting Rules And Settlement Mechanisms Under Incomplete Information, Eric Talley

Faculty Scholarship

Recent years have seen a debate over litigation reform grow increasingly agitated. Attorneys, judges, academics, and politicians now readily and regularly disagree about how or whether to combat the debilitating litigiousness commonly purported to infect the American Bar. Within this debate, few reform proposals have received as much attention as "fee-shifting" provisions, which, in their most popular incarnation, reallocate litigation costs (particularly attorney's fees) based on the outcome of the liability phase of a trial. This attention is perhaps justified, given the nonuniformity of such rules among industrialized nations. For instance, in the British Commonwealth and much of Continental Europe, …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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

University of Richmond Law Review

In Burroughs v. Palumbo, defendant was served with process through the Secretary of the Commonwealth. The grounds of defense was due to be filed on September 22, 1994. On September 29, 1994, defendant filed the notice of removal in federal court. On September 30, 1994, the state court entered default judgment against defendant. Later that same day, defendant filed the notice of removal with the state court. Between the time that defendant filed the notice of removal in federal court and the time that he filed it with the state court, both courts had jurisdiction over the case; therefore the …

Joinder Of Tort Claims In Divorce Actions, Barbara Glesner Fines

Faculty Works

No abstract provided.

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.

Pretrial Case Management Under The Amended Rules: Too Many Words For A Good Idea, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Central Pathology Service Medical Clinic, Inc. V. Superior Court: Statute Limiting Punitive Damages For The Professional Negligence Of Health Care Providers Includes Intentional Torts, Russell A. Gold

San Diego Law Review

In the 1992 decision of Central Pathology Service Medical Clinic, Inc. v. Superior Court the California Supreme Court held that every plaintiff injured by a health care provider must comply with section 452.13 of the California Civil Procedure Code, provided the injuries are directly related to the provision of professional services. Section 452.13 requires a pretrial determination of whether a punitive damage claim has a substantial probability of prevailing. This statute also applies to intentional torts, in which the plaintiff is injured by treatment to which the plaintiff did not consent. This Casenote analyzes whether additional procedural obstacles are warranted …

Private Justice And The Federal Bench, Lauren K. Robel

Indiana Law Journal

No abstract provided.

Jaws Xvi: The Exceptions That Ate Rule 220, 26 J. Marshall L. Rev. 189 (1993), Charles W. Chapman

UIC Law Review

No abstract provided.

Time Warps And Identity Crises: Muddling Through The Misnomer/Misidentification Mess, 26 J. Marshall L. Rev. 257 (1993), Diane S. Kaplan, Kimberly L. Craft

UIC Law Review

No abstract provided.