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Civil Procedure

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Articles 961 - 990 of 1041

Full-Text Articles in Civil Law

Adjudicatory Jurisdiction And Class Actions, Diane P. Wood Jul 1987

Adjudicatory Jurisdiction And Class Actions, Diane P. Wood

Indiana Law Journal

No abstract provided.


Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch Jan 1987

Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch

Touro Law Review

No abstract provided.


A Synthesis And Integration Of Supreme Court Precedent Regarding The Regulatory Taking Of Land, John W. Ragsdale Jr Jan 1987

A Synthesis And Integration Of Supreme Court Precedent Regarding The Regulatory Taking Of Land, John W. Ragsdale Jr

Faculty Works

In the post World War II era of rapid land development, emergent environmental problems, and heightened legislative response, the taking clause has proved to be the most pervasive and significant limitation on the power of government over private land usage. The dimensions and implications of this provision and the interpretive Supreme Court opinions have attracted the attention of numerous scholars whose efforts, usually, have been rather critical. The authors have often sought to question the logic, language and premises of fundamental opinions, to warn of the economic, moral and ecological consequences of portended judicial trends, to pose new taking tests …


Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson Jan 1987

Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson

University of Richmond Law Review

This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1986 and May 1987. This article also comments on cases in volumes five through eight of Virginia Circuit Court Opinions, many of which were decided before 1986. It is appropriate to mention them here since they were only recently made generally available through publication. In order to facilitate the discussion of numerous Virginia Code sections, they will be referred to in …


Rent Control Price Fixing: Another Look At The Emperor's New Clothes, Robert N. Markle Jan 1987

Rent Control Price Fixing: Another Look At The Emperor's New Clothes, Robert N. Markle

Touro Law Review

No abstract provided.


Repuation And Character In Defamation Actions, Charles W. Ehrhardt Oct 1986

Repuation And Character In Defamation Actions, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin Jan 1986

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.


The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig Jan 1986

The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig

Touro Law Review

No abstract provided.


Federal Rule Of Civil Procedure 68: "Settling" The Differences In The Proposed Amendments To The Offer Of Settlement Rule, Nelson Perel Jan 1986

Federal Rule Of Civil Procedure 68: "Settling" The Differences In The Proposed Amendments To The Offer Of Settlement Rule, Nelson Perel

Cardozo Law Review

No abstract provided.


Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson Jan 1986

Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson

University of Richmond Law Review

This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1985 and May 1986. This article also comments on cases in volumes three and four of Virginia Circuit Court Opinions, many of which were decided before 1985, but it is appropriate to mention them here since they were only recently made generally available through publication.


Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton Jan 1985

Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton

Touro Law Review

No abstract provided.


The Proposed Amendment To Federal Rule Of Civil Procedure 68: Toughening The Sanctions, Julie M. Cheslik Oct 1984

The Proposed Amendment To Federal Rule Of Civil Procedure 68: Toughening The Sanctions, Julie M. Cheslik

Faculty Works

No abstract provided.


Federal Recent Developments Jan 1984

Federal Recent Developments

American Indian Law Review

No abstract provided.


United States V. Doe, Lewis Powell Jr. Oct 1983

United States V. Doe, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Moses H. Cone Memorial Hospital V. Mercury Construction Corporation, Lewis F. Powell, Jr. Oct 1982

Moses H. Cone Memorial Hospital V. Mercury Construction Corporation, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


United States V. Rylander, Lewis F. Powell Jr. Oct 1982

United States V. Rylander, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Pillsbury Co. V. Conboy, Lewis F. Powell Jr. Oct 1982

Pillsbury Co. V. Conboy, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Recent Developments In Missouri: Civil Procedure - Extraordinary Remedies, Jeffrey B. Berman Jul 1981

Recent Developments In Missouri: Civil Procedure - Extraordinary Remedies, Jeffrey B. Berman

Faculty Works

New Missouri Supreme Court rules governing the procedure to be fol­lowed to obtain the extraordinary remedies of mandamus, prohibition, quo warranto and injunction became effective January 1, 1981. As a result of these new rules, prior practice and procedure with respect to these remedies have been modified substantially. This article will discuss the nature and purpose of each of these extraordinary remedies, describe the procedure to be foil owed under them and note the changes that have been made.


Non-Jury Trial Of Civil Litigation: Justifying A Complexity Exception To The Seventh Amendment, Barrett E. Pope Jan 1981

Non-Jury Trial Of Civil Litigation: Justifying A Complexity Exception To The Seventh Amendment, Barrett E. Pope

University of Richmond Law Review

The seventh amendment to the United States Constitution states that "[i]n Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved."' When Congress enacted the Federal Rules of Civil Procedure, the right to jury trial at common law remained undisturbed.


Due Process Requires Notice Before Individual Monetary Claims Of Absent Class Members Are Barred By Res Judicata., Teresa Agnes Hunter Dec 1980

Due Process Requires Notice Before Individual Monetary Claims Of Absent Class Members Are Barred By Res Judicata., Teresa Agnes Hunter

St. Mary's Law Journal

Abstract Forthcoming.


Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke Apr 1980

Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke

Federal Judicial Center Reports

This publication is a product of a study undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development on matters of judicial administration. The analyses, conclusions, and points of view are those of the authors. This work has been subjected to staff review within the Center, and publication signifies that it is regarded as responsible and valuable. It should be emphasized, however, that on matters of policy, the Center speaks only through its Board.


The Standing Doctrine: A Dialogue Between The Court And Congress, Daan Braveman Jan 1980

The Standing Doctrine: A Dialogue Between The Court And Congress, Daan Braveman

Cardozo Law Review

No abstract provided.


Private Causes Of Action From Federal Statutes: A Strict Standard For Implication By Sole Reliance On Legislative Intent, William Francis Drewry Gallalee Jan 1980

Private Causes Of Action From Federal Statutes: A Strict Standard For Implication By Sole Reliance On Legislative Intent, William Francis Drewry Gallalee

University of Richmond Law Review

The implication doctrine allows a federal court to create a private cause of action from a federal statute that does not expressly provide for a private remedy. In Cort v. Ash, the Supreme Court articulated a four factor test to determine when this doctrine should be utilized. This comment will provide a brief history of the implication doctrine and of the major Supreme Court decisions that culminated in the Cort test. Relevant Supreme Court decisions after Cort,will then be examined to reveal a new, more restrictive approach to implication. Finally, reasons will be advanced that justify this stricter approach.


"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne Henderson Jan 1979

"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne Henderson

Scholarly Works

No abstract provided.


Toward Better Environmental Standard Setting: Lessons From Case Study, Douglas O. Linder Jan 1979

Toward Better Environmental Standard Setting: Lessons From Case Study, Douglas O. Linder

Faculty Works

No abstract provided.


Survey Of Literature On Discovery From 1970 To The Present: Expressed Dissatisfactions And Proposed Reforms, Daniel Segal Jul 1978

Survey Of Literature On Discovery From 1970 To The Present: Expressed Dissatisfactions And Proposed Reforms, Daniel Segal

Federal Judicial Center Reports

Eight years have passed since the last major revision of the discovery provisions of the Federal Rules of Civil Procedure. During those years, there has been a substantial amount of writing on the discovery rules. While much of it has been aimed at helping practitioners understand the rules, a large portion has been critical in nature, examining how well the rules are functioning, isolating their problem areas and making suggestions for reform. It was the purpose of the study on which this Report is based to survey and analyze that critical literature. The Report's first section sets out in detail …


Judicial Controls And The Civil Litigative Process: Discovery, Paul R. Connolly, Edith A. Holleman, Michael J. Kuhlman Jun 1978

Judicial Controls And The Civil Litigative Process: Discovery, Paul R. Connolly, Edith A. Holleman, Michael J. Kuhlman

Federal Judicial Center Reports

This report should be viewed as a beginning. It explores from one perspective the operation of the federal rules governing discovery as revealed in more than 7,000 docketed requests appearing in more than 3,000 terminated cases in six United States district courts, (A survey of practitioners in the six districts suggests that the docketed requests cover the great bulk of discovery activity.) The report is a continuation of the Center's District court studies Project, the first report of which (Case Management and Court Management in United States District Court) appeared several months ago.


The Time Of Discovery Rule And The Qualified Privilege Defense For Credit Reporting Agencies In Illinois After World Of Fashion V. Dun & (And) Bradstreet, Inc., 10 J. Marshall J. Of Prac. & Proc. 359 (1977), Paul Wangerin Jan 1977

The Time Of Discovery Rule And The Qualified Privilege Defense For Credit Reporting Agencies In Illinois After World Of Fashion V. Dun & (And) Bradstreet, Inc., 10 J. Marshall J. Of Prac. & Proc. 359 (1977), Paul Wangerin

UIC Law Review

No abstract provided.


The Demise Of The Ultimate Fact Rule In Indiana, Edward J. Liptak Jan 1977

The Demise Of The Ultimate Fact Rule In Indiana, Edward J. Liptak

Indiana Law Journal

No abstract provided.


Assault Leading To Homicide May Be Used To Invoke Felony-Murder Rule, William P. Adams Dec 1976

Assault Leading To Homicide May Be Used To Invoke Felony-Murder Rule, William P. Adams

Mercer Law Review

In Baker v. State, the Georgia Supreme Court held that "the Georgia legislature intended felony murder to encompass all felonies as 'felony' is defined in Code §26-401(e)." The court refused to adopt the "merger" doctrine that has been applied by some states to the felony-murder rule., The defendant was convicted of felony murder' for the shooting death of Roger Clark and sentenced to life imprisonment. Clark and one other person entered the defendant's bedroom before 5:30 one morning to collect a debt allegedly owed to Clark by the defendant. The defendant fired one shot over the heads of the …