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Articles 781 - 810 of 1042
Full-Text Articles in Civil Procedure
Civil Practice And Procedure, John C. Lynch, Jon S. Hubbard, M. Elizabeth Woodard
Civil Practice And Procedure, John C. Lynch, Jon S. Hubbard, M. Elizabeth Woodard
University of Richmond Law Review
This article summarizes the major developments in Virginia civil practice and procedure over the past two years, specifically covering significant decisions by the Supreme Court of Virginiaand changes to the Rules of the Supreme Court of Virginia dating from April 22, 2005, to April 20, 2007. The article also addresses legislative enactments by the General Assembly in its 2005 and 2006 sessions.
Summary Judgment In Florida: The Road Less Traveled, Leonard Pertnoy
Summary Judgment In Florida: The Road Less Traveled, Leonard Pertnoy
Faculty Articles
This article will first explore the origins of summary judgment in the Florida courts. Next, the Holl v. Talcot standard (the "Holl standard") shall be discussed. The discussion then turns to arguments in favor of maintaining the Holl standard, including the great costs which arise by the application of the standard, and ultimately, a discussion debunking those arguments. Finally, partial summary judgment shall be discussed, introducing its potential to assist the practitioner in achieving, in part, progress towards a more predictable and useful summary judgment process.
Immigration Reform In America: Past, Present, And Future, Thaddeus Coffman
Immigration Reform In America: Past, Present, And Future, Thaddeus Coffman
Undergraduate Theses and Capstone Projects
This paper examines immigration legislation throughout the history of the United States. The author has divided the focus of legislative activity into four main eras: the Laissez- Fair Era (1789-1875), the Anti-Asian Era (1876-1920), the National Origin Quotas Era (1921-1953), and the Illegal Immigration Era (1954-present). While these eras are not all inclusive, they are indicative of the main focus of legislation passed during their time. The author then compares the impact of major legislation passed during these eras to three current proposals aimed at addressing the increasing issue of illegal immigration: two versions of a guest-worker program and amnesty/legalization …
Quantum Meruit And The Restatement (Third) Of Restitution And Unjust Enrichment, Candace Kovacic-Fleischer
Quantum Meruit And The Restatement (Third) Of Restitution And Unjust Enrichment, Candace Kovacic-Fleischer
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: Thirty years ago, Professor Graham Douthwaite said that restitution can "arise in a bedazzling variety of situations."' He also said that practitioners usually are not aware of "the restitutionary implications or potential" of their clients' problems. Over 50 years ago, Professor John Dawson said that "[i]t is doubtful even now whether most lawyers have an adequate conception of the range and resources of the remedy." About twenty years ago, I said of Professor Dawson's statement, "It is doubtful whether the situation has much improved in the last thirty years." Unfortunately, I can still repeat that concern.
Foreword: Symposium: A Right To Counsel In Civil Cases: Civil Gideon In Maryland & Beyond, Leigh Goodmark
Foreword: Symposium: A Right To Counsel In Civil Cases: Civil Gideon In Maryland & Beyond, Leigh Goodmark
University of Baltimore Law Review
No abstract provided.
Keynote Address: Seeking A Right To Appointed Counsel In Civil Cases In Maryland, Stephen H. Sachs
Keynote Address: Seeking A Right To Appointed Counsel In Civil Cases In Maryland, Stephen H. Sachs
University of Baltimore Law Review
No abstract provided.
Faces Of Open Courts And The Civil Right To Counsel, Steven D. Schwinn
Faces Of Open Courts And The Civil Right To Counsel, Steven D. Schwinn
University of Baltimore Law Review
No abstract provided.
Justice Delayed Is, Once Again, Justice Denied: The Overdue Right To Counsel In Civil Cases, Debra Gardner
Justice Delayed Is, Once Again, Justice Denied: The Overdue Right To Counsel In Civil Cases, Debra Gardner
University of Baltimore Law Review
No abstract provided.
The Trial Of Zacarias Moussaoui, Douglas O. Linder
The Trial Of Zacarias Moussaoui, Douglas O. Linder
Faculty Works
On the horrific morning of September 11, 2001, when planes crashed into buildings and fell from the sky, Zacarias Moussaoui was sitting in a jail in Minnesota facing immigration charges. Even if he had not been arrested three weeks earlier, when he raised suspicion by paying large sums to a flight training school to learn to pilot a Boeing 747 despite his never having piloted a small plane, it seems unlikely that Moussaoui would have been the twentieth hijacker on one of the four doomed planes. Nonetheless, largely because of the convenient fact that he was alive and in custody, …
Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine
Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine
Cardozo Journal of International and Comparative Law
Federal procedure has embraced the referral of civil cases outside the court system to alternative dispute resolution. This article argues that by utilizing courts to settle cases through civil procedure, courts realize their central role in ensuring the quality of settlements produced through the judicial administration of justice. The purpose of this article is to provide litigants with an optional procedure to expeditiously resolve federal personal injury cases. The system proposed in this article incorporates Scottish and Irish civil procedural reforms into a coherent method for judicial officers to declare the settlement value of a personal injury action without referring …
Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews
Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews
University of Richmond Law Review
With President George W. Bush's promise to continue working toward tort reform, medical malpractice issues are once again garnering media and voter attention. This article examines recent judicial decisions and statutory amendments affecting patients and health care providers in the commonwealth in the context of medical malpractice law.
Juror Questions During Trial: A Window Into Juror Thinking, Shari Seidman Diamond, Mary R. Rose, Beth Murphy, Sven Smith
Juror Questions During Trial: A Window Into Juror Thinking, Shari Seidman Diamond, Mary R. Rose, Beth Murphy, Sven Smith
Vanderbilt Law Review
The jury has undergone a dramatic transformation from its earliest incarnation when jurors acted as witnesses, investigators, and tribunal. In the modern American jury trial, the parties determine what jurors learn during the proceedings. Jurors of today, assigned the role of audience members until deliberations begin, typically speak in the courtroom only during jury selection and through their verdict at the end of the trial. In light of their enforced silence throughout the trial, jurors have no opportunity to clarify or check on their interpretation of the evidence and they provide few external indications about their thinking as the trial …
Civil Due Process, Criminal Due Process, Niki Kuckes
Civil Due Process, Criminal Due Process, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
The Silent Criminal Defendant And The Presumption Of Innocence: In The Hands Of Real Jurors, Is Either Of Them Safe, Mitchell J. Frank, Dawn Broschard
The Silent Criminal Defendant And The Presumption Of Innocence: In The Hands Of Real Jurors, Is Either Of Them Safe, Mitchell J. Frank, Dawn Broschard
Faculty Scholarship
No abstract provided.
The Right To Counsel On Appeal: Civil Douglas, 15 Temp. Pol. & Civ. Rts. L. Rev. 603 (2006), Steven D. Schwinn
The Right To Counsel On Appeal: Civil Douglas, 15 Temp. Pol. & Civ. Rts. L. Rev. 603 (2006), Steven D. Schwinn
UIC Law Open Access Faculty Scholarship
No abstract provided.
What The Shutts Opt-Out Right Is And What It Ought To Be, Brian Wolfman, Alan B. Morrison
What The Shutts Opt-Out Right Is And What It Ought To Be, Brian Wolfman, Alan B. Morrison
Georgetown Law Faculty Publications and Other Works
This article discusses the ramifications of the U.S. Supreme Court's decision in Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985), regarding the right of an absent class member to opt out of a class action. The article addresses both the current prevailing understanding of Shutts, which is based on the personal jurisdiction strain of due process jurisprudence, and what the authors believe is a more useful understanding, based on the property rights strain of due process jurisprudence. As an addendum to the article, the authors propose a new civil procedure rule governing class actions that would implement …
Dukes V. Wal-Mart: Can 1.5 Million Women Save Employment Discrimination Class Actions?, Robert Fisher
Dukes V. Wal-Mart: Can 1.5 Million Women Save Employment Discrimination Class Actions?, Robert Fisher
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Civil Practice And Procedure, John R. Walk, Michael R. Spitzer Ii
Civil Practice And Procedure, John R. Walk, Michael R. Spitzer Ii
University of Richmond Law Review
This article will summarize recent developments of interest to practitioners handling civil cases in the courts of the Commonwealth of Virginia. Specifically included are relevant decisions of the Supreme Court of Virginia dating from opinions announced on June 10, 2004 to those announced on April 22, 2005; changes to the Rules of the Supreme Court of Virginia announced during the same time period; and legislation enacted by the Virginia General Assembly at its 2005 Session, effective July 1, 2005.
Reforming The Federal Sentencing Guidelines Misguided Approach To Real-Offense Sentencing, David Yellen
Reforming The Federal Sentencing Guidelines Misguided Approach To Real-Offense Sentencing, David Yellen
Articles
No abstract provided.
Opening Remarks: Advocating For Change, Kurt Mundorff
Opening Remarks: Advocating For Change, Kurt Mundorff
Cardozo Public Law, Policy & Ethics Journal
The article critiques the Child Abuse Prevention and Treatment Act (CAPTA) for focusing narrowly on parental responsibility while neglecting broader societal factors like poverty and racism. It highlights the challenges in predicting child abuse and the negative outcomes of foster care, arguing that the system's approach is flawed and in need of reform.
Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel A. Gómez
Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel A. Gómez
Faculty Publications
No abstract provided.
Civil Practice And Procedure, John R. Walk
Civil Practice And Procedure, John R. Walk
University of Richmond Law Review
No abstract provided.
Whither The Udrp: Autonomous, Americanized, Or Cosmopolitan?, Laurence R. Helfer
Whither The Udrp: Autonomous, Americanized, Or Cosmopolitan?, Laurence R. Helfer
Cardozo Journal of International and Comparative Law
The article explores the future trajectory of the Uniform Dispute Resolution Policy (UDRP), outlining three potential evolutionary pathways: an autonomous UDRP distinct from national laws, an Americanized UDRP aligned with U.S. legal frameworks, or a cosmopolitan UDRP influenced by diverse national laws. Each pathway has significant implications for the UDRP's role in resolving domain name disputes globally.
Jones On Evidence: Civil And Criminal 7th Ed., Anne T. Mckenna, Clifford S. Fishman
Jones On Evidence: Civil And Criminal 7th Ed., Anne T. Mckenna, Clifford S. Fishman
Books
In 2004, Anne began co-authoring this seminal evidence treatise, which is in its second century of publication. Jones on Evidence (“Jones”) currently contains 5 hardbound volumes and a softbound appendix of new chapters with two new hardbound volumes forthcoming. All volumes are updated yearly. Jones enables civil and criminal practitioners in private and public practice to learn and understand evidentiary issues and evidentiary rules, including the Federal Rules of Evidence, and to use evidence effectively, whether the issue is admission, exclusion, preservation or relevance. Jones has been cited in numerous federal and state court opinions and law review …
Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer
Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's landmark decision in Lawrence v. Texas, which overturned Bowers v. Hardwick and invalidated a Texas sodomy law criminalizing same-sex intimacy. The author argues that Lawrence not only advanced individual liberty interests but also marked a significant shift in the legal and cultural recognition of homosexuality, moving beyond earlier frameworks that criminalized or marginalized gay individuals. The decision reflects broader societal changes in understanding same-sex relationships and challenges the use of moral disapproval as a basis for legal restrictions on consensual adult conduct.
Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy
Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Apologies And Legal Settlement: An Empirical Examination, Jennifer K. Robbennolt
Apologies And Legal Settlement: An Empirical Examination, Jennifer K. Robbennolt
Michigan Law Review
It is often said that U.S. legal culture discourages apologies. Defendants, defense counsel, and insurers worry that statements of apology will be admissible at trial and will be interpreted by jurors and judges as admissions of responsibility. In recent years, however, several legal commentators have suggested that disputants in civil lawsuits should be encouraged to apologize to opposing parties. They claim that apologies will avert lawsuits and promote settlement. Consistent with this view, legislatures in several states have enacted statutes that are intended to encourage and protect apologies by making them inadmissible. In addition, some commentators argue that defendants might …
Time Is Not On Your Side: Establishing A Consistent Statute Of Limitations For The Alien Tort Claims Act, David E. Chawes
Time Is Not On Your Side: Establishing A Consistent Statute Of Limitations For The Alien Tort Claims Act, David E. Chawes
Seattle University Law Review
This Comment argues that inconsistent application of limitations periods to ATCA claims does not provide sufficient and certain notice to potential parties to allow them to bring a timely claim, thereby potentially denying them an opportunity to receive a fair hearing in federal courts. Absent a U.S. Supreme Court ruling to provide consistent guidance on the applicable ATCA limitations period, Congress should amend the statute to provide a specific ten-year limitations period for most torts. Because both international and U.S. laws provide that murder committed as part of the crime of genocide has no statute of limitations," ATCA claims arising …
Destruction Of Documents Before Proceedings Commence: What Is A Court To Do?, Camille Cameron, Jonathan Liberman
Destruction Of Documents Before Proceedings Commence: What Is A Court To Do?, Camille Cameron, Jonathan Liberman
Articles, Book Chapters, & Popular Press
The effective performance by courts of their adjudicative role depends on the availability of relevant evidence. In civil proceedings, the discovery process aims to ensure that such evidence is available. If documents that would be relevant evidence in a trial are destroyed, a fair adjudication is made difficult, if not impossible. This is so whether the destruction of documents occurs before or after proceedings commence. This article asks what a trial judge should do in a situation where relevant evidence is unavailable because one of the parties has destroyed documents before the proceedings commenced but anticipating that such proceedings were …
Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman
Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman
Faculty Publications
No abstract provided.