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Articles 451 - 480 of 499
Full-Text Articles in Civil Procedure
Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias
Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias
Law Faculty Publications
The United States Supreme Court promulgated the 1983 amendments to the Federal Rules of Civil Procedure out of growing concern about abuse of the civil litigation process. The most controversial aspect of the implementation of these revisions has been judicial enforcement of amended Rule 11 (the Rule) in ways that disadvantage or "chill" civil rights plaintiffs and attorneys. As the federal judiciary enters its eighth year of implementing the Rule, courts apparently have improved their application of it by becoming more solicitous of the needs of civil rights plaintiffs and their counsel, in recognition of the important social function that …
Presumed Frivolous: Application Of Stringent Pleading Requirements In Civil Rights Litigation, Douglas A. Blaze
Presumed Frivolous: Application Of Stringent Pleading Requirements In Civil Rights Litigation, Douglas A. Blaze
William & Mary Law Review
No abstract provided.
Awarding Expert Witness Fees In Civil Rights Actions, Bebe Novich
Awarding Expert Witness Fees In Civil Rights Actions, Bebe Novich
Cardozo Law Review
No abstract provided.
Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach
Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach
Touro Law Review
No abstract provided.
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Touro Law Review
No abstract provided.
Rule 11 And Civil Rights Litigation, Carl W. Tobias
Rule 11 And Civil Rights Litigation, Carl W. Tobias
Law Faculty Publications
The recent amendment of rule 11 may well have engendered more controversy than any other revision since the Federal Rules of Civil Procedure were first promulgated one-half century ago. The new version essentially requires that judges impose sanctions on lawyers and parties who fail to conduct reasonable inquiries before filing court papers. The amendment's adoption was prompted by increasing concern about abuse of the litigation process and about the "litigation explosion" -the perception that unprecedented numbers of civil cases were being filed and that too many lacked merit. Proponents have hailed the revised rule as the savior of the civil …
Rule 11 And Civil Rights Litigation, Carl Tobias
Rule 11 And Civil Rights Litigation, Carl Tobias
Buffalo Law Review
No abstract provided.
The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis
The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis
UIC Law Review
No abstract provided.
Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio
Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio
Touro Law Review
No abstract provided.
The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York
The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York
Touro Law Review
No abstract provided.
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Touro Law Review
No abstract provided.
Statutes Of Limitation And Section 1983: Implications For Illinois Civil Rights Law, 20 J. Marshall L. Rev. 415 (1987), Brian Kibble-Smith
Statutes Of Limitation And Section 1983: Implications For Illinois Civil Rights Law, 20 J. Marshall L. Rev. 415 (1987), Brian Kibble-Smith
UIC Law Review
No abstract provided.
Board Of Directors Of Rotary International V. Rotary Club Of Duarte, Lewis F. Powell Jr.
Board Of Directors Of Rotary International V. Rotary Club Of Duarte, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Federal Rule Of Civil Procedure 68: "Settling" The Differences In The Proposed Amendments To The Offer Of Settlement Rule, Nelson Perel
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.
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.
Local 28 Of The Sheetmetal Workers' International Association V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr.
Local 28 Of The Sheetmetal Workers' International Association V. Equal Employment Opportunity Commission (Eeoc), Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Proposed Amendment To Federal Rule Of Civil Procedure 68: Toughening The Sanctions, Julie M. Cheslik
The Proposed Amendment To Federal Rule Of Civil Procedure 68: Toughening The Sanctions, Julie M. Cheslik
Faculty Works
No abstract provided.
Survey Of Developments In The Fourth Circuit: 1980
Survey Of Developments In The Fourth Circuit: 1980
West Virginia Law Review
No abstract provided.
State Law In Federal Civil Rights Cases: The Proper Scope Of Section 1988, Theodore Eisenberg
State Law In Federal Civil Rights Cases: The Proper Scope Of Section 1988, Theodore Eisenberg
Cornell Law Faculty Publications
Supreme Court Of Virginia V. Consumers Union Of The United States, Inc., Lewis F. Powell Jr.
Supreme Court Of Virginia V. Consumers Union Of The United States, Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Davis V. Passman, Lewis F. Powell Jr.
New York City Transit Authority V. Beazer, Lewis F. Powell Jr.
New York City Transit Authority V. Beazer, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis
Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis
University of Richmond Law Review
In Miranda v. Arizona, the United States Supreme Court set forth a series of specific guidelines to determine the admissibility at trial of statements elicited during police interrogation of a criminal suspect. Since 1971, the Burger Court has whittled away at the mandates of Miranda. It is possible that one major factor underlies this erosion process: the very frustrating reality that, in many situations, an obviously guilty party is allowed to go free because "the constable has blundered."
School Desegregation, Class Suits, And The Vexing Problem Of Group Remedies, Keith Jurow
School Desegregation, Class Suits, And The Vexing Problem Of Group Remedies, Keith Jurow
West Virginia Law Review
No abstract provided.
Chapters Of The Civil Jury, Doug Rendleman
Chapters Of The Civil Jury, Doug Rendleman
Scholarly Articles
The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …
Aldinger V. Howard: At The Crossroads Of Pendent Party Jurisdiction And Section 1983 Limits On Suable "Persons", 11 J. Marshall J. Prac. & Proc. 231 (1977), Wallace J. Wolff
Aldinger V. Howard: At The Crossroads Of Pendent Party Jurisdiction And Section 1983 Limits On Suable "Persons", 11 J. Marshall J. Prac. & Proc. 231 (1977), Wallace J. Wolff
UIC Law Review
No abstract provided.
Chapters Of The Civil Jury, Doug R. Rendleman
Chapters Of The Civil Jury, Doug R. Rendleman
Faculty Publications
The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …
The Numbers Game - The Use And Misuse Of Statistics In Civil Rights Litigation, Marcy M. Hallock
The Numbers Game - The Use And Misuse Of Statistics In Civil Rights Litigation, Marcy M. Hallock
Villanova Law Review (1956 - )
No abstract provided.
Village Of Arlington Heights V. Metropolitan Housing Development Authority Corp., Lewis F. Powell Jr.
Village Of Arlington Heights V. Metropolitan Housing Development Authority Corp., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Frontiers Of The Federal Mandamus Statute, Bruce Comly French
The Frontiers Of The Federal Mandamus Statute, Bruce Comly French
Villanova Law Review (1956 - )
No abstract provided.