Civil Law Commons^™

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.

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.

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

Cardozo Law Review

No abstract provided.

"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

Faculty Works

No abstract provided.

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

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

UIC Law Review

No abstract provided.

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

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 …

Civil Commitment In Texas - An Illusion Of Due Process., Willis Luttrell

St. Mary's Law Journal

Abstract Forthcoming.

Summary Judgment: Let The Movant Beware., Patrick K. Sheehan

St. Mary's Law Journal

Abstract Forthcoming.

Bradley V. School Board Of The City Of Richmond, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Interlocutory Orders Are Not Appealable In Government Civil Antitrust Litigation., Donald C. Mccleary

St. Mary's Law Journal

Abstract Forthcoming.

On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson

Faculty Scholarship

No abstract provided.

Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton

St. Mary's Law Journal

Limiting jury consideration to facts, as opposed to the outcome, best serves special issue systems. The purpose of the special issues system is to ensure juries answer the presented questions without bias or prejudice. Though several writers have persuasively advocated for advising juries of the consequences of their findings, doing so seems to undermine the purpose of special issue systems because it allows for juries to answer questions with reference to their desired outcome. To ensure juries answer issues on the facts alone, trial judges should not give a jury, directly or indirectly, any information that may apprise them of …

Books Received

University of Richmond Law Review

These are the books received by the Law School in 1970.

Illegitimacy: Equal Protection And How To Enjoy It, H. G. G. Iii

Georgia Law Review

The purpose of this Note is to demonstrate that the way is now clear to remove legally sanctioned discrimination against the illegitimate and to grant him the full citizenship denied him for centuries. Specifically, it is argued that since the illegitimate is treated equally with other children insofar as the mother-child relationship is concerned, it is but a simple extension of this status to afford the bastard the potentially more significant rights of the father-child relationship. Although the illegitimate has made some progress from his status of near nonexistence at common law, dearly there is much progress still to be …

Attorney's Fees As An Element Of Costs: The Copyright Experience, E. K. Ii

Georgia Law Review

The amount of money frequently involved in copyright litigation, especially on the part of the defendant, is trifling. The expense of any litigation is considerable. Unless, therefore, some provision is made for financial protection to a litigant, if successful, it may not pay a party to defend rights, even if valid, a situation opposed to justice.... It is increasingly recognized that the person who forces another to engage counsel either to vindicate, or defend, a right should bear the expense of such engagement and not his successful opponent.

Recent Decisions

University of Richmond Law Review

This is a summary of the case law from 1969.

Lack Of Due Process In Virginia Contempt Proceeding For Failure To Comply With Order For Support And Alimony

University of Richmond Law Review

At common law a husband had a legal duty' to support his wife and children. Today in Virginia failure to support one's family is not simply a violation of a legal duty, it is a criminal act, carrying a penalty of up to twelve months at hard labor for the delinquent husband. The wife, however, without resorting to this criminal action, can effectuate the same result in a civil proceeding before a divorce court.

Civil Code: Notes For An Uncelebrated Centennial, William B. Fisch

Faculty Publications

This is the first installment of a projected study of the Dakota Civil Code. While this portion deals with the historical background of the Code and its content as drafted for New York by David Dudley Field, a subsequent article will deal with its fate in the hands of the bar, the legislature and the courts in New York, California, and especially the Dakotas.

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1966.

Antitrust Civil Process Act-Requirements For A Civil Investigative Demand, Mary Mandana Long

Michigan Law Review

Petitioner sought an order from the United States District Court for the District of Minnesota modifying or setting aside a Civil Investigative Demand served upon it by the Antitrust Division of the Department of Justice. The demand was issued pursuant to the Antitrust Civil Process Act, which provides a compulsory pre-complaint procedure through which the Department of Justice may obtain documentary information upon which it can make a determination of whether there has occurred a violation of the antitrust laws. Section 1312(b) of the act requires that the demand state the nature of the conduct constituting the alleged violation, recite …

Comments On Recent Cases, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Transfer Of Civil Actions Under 28 U.S.C. § 1404(A)

Indiana Law Journal

No abstract provided.

The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon

Michigan Law Review

The complexity, scope and length of modem antitrust litigation bring to prominence the procedures by which evidence - particularly documentary evidence - is discovered and placed before the courts and administrative agencies. Fact-finding mechanisms now available for ferreting out and prosecuting violations make up an imposing array. These include the grand jury subpoena, the discovery provisions of the Federal Rules of Civil and Criminal Procedure and the subpoena and visitorial powers of certain administrative agencies. The "civil investigative demand," a precomplaint compulsory process, is a new weapon proposed to be added to this arsenal. Few dispute the desirability of new …

Civil Procedure - Interstate Interpleader Compact, Louis Frey

Michigan Law Review

Five states have passed the Interstate Interpleader Compact, but Senate bills aimed at obtaining the necessary congressional consent have not been reported out of committee. The compact, designed to eliminate the problem of obtaining jurisdiction over an out-of-state claimant in a state interpleader action, would remedy situations in which the stakeholder may be subject to multiple vexation or possible double liability. The most important section of the compact provides: "Service of process sufficient to acquire personal jurisdiction may be made within a state party to this compact, by a person who institutes an interpleader proceeding or interpleader part of a …

Proposed Revision Of New York Civil Practice, Jack B. Weinstein, Michael I. Sovern, Daniel H. Distler, Stanley H. Fuld

Faculty Scholarship

Our present Civil Practice Act is a patchwork affair; provisions have been changed and sections have been added and eliminated as the particular necessity of the times dictated, without any real regard for rational or integrated compilation.

The problem of revision has long confronted us. There has been none for more than 110 years. Very wisely, the Temporary Commission on the Courts directed such a revision, and in 1955 appointed an advisory committee consisting of outstanding attorneys of extensive and varied experience from all over the state. They were delegated to study and prepare appropriate legislation. The research and drafting …

Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed.

Michigan Law Review

The relationship of judge to jury in Michigan condemnation proceedings presents in many ways a merger of some of the problems and questions contained in the relationship of judge to jury in civil trials, and of court to tribunal in administrative law. Theorists as well as the practicing lawyer in Michigan and some other states" may well find in the development of the Michigan condemnation proceeding an interesting example of the growth of a procedure for adjudication, in a context of cross-fire between legislative ideas and judicial interpretation of a constitutional provision.