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Articles 841 - 870 of 964

Full-Text Articles in Civil Procedure

Deposit Guaranty National Bank Of Jackson, Mississippi V. Roper, Lewis F. Powell Jr. Oct 1979

Deposit Guaranty National Bank Of Jackson, Mississippi V. Roper, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States Parole Commission V. Geraghty, Lewis F. Powell Jr. Oct 1979

United States Parole Commission V. Geraghty, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman Oct 1979

Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman

Florida State University Law Review

Torts-CIVIL PROCEDURE- NONJOINDER OF MOTOR VEHICLE LIABILITY INSURERS HELD UNCONSTITUTIONAL


Allocation Of Peremptory Challenges Among Multiple Parties., Daniel J. Sheehan Jr., Cynthia C. Hollingsworth Sep 1979

Allocation Of Peremptory Challenges Among Multiple Parties., Daniel J. Sheehan Jr., Cynthia C. Hollingsworth

St. Mary's Law Journal

Abstract Forthcoming.


The Younger Abstention Doctrine: Primary State Jurisdiction Over Law Enforcement., David A. Dittfurth Sep 1979

The Younger Abstention Doctrine: Primary State Jurisdiction Over Law Enforcement., David A. Dittfurth

St. Mary's Law Journal

Abstract Forthcoming.


Survey Of Developments In West Virginia Law: 1978 Feb 1979

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.


Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr. Jan 1979

Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr.

Seattle University Law Review

Recent Supreme Court decisions severely restrict the right of citizens to litigate in federal courts. The Court's standing requirements not only limit the ability of citizens to successfully invoke federal court jurisdiction, but also confuse lower courts and litigants attempting to apply the requirements. Standing requirements have met with increasing criticism. And Congress is now considering legislative modification of standing doctrine. Unfortunately, the Court's employment of constitutional foundations in establishing current standing requirements imposes substantial roadblocks Congress must avoid to enact remedial standing legislation. This comment examines the constitutional and pragmatic difficulties of statutory modification of standing requirements and recommends …


State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander Jan 1979

State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander

Faculty Publications

During the early 1970's, a medical malpractice crisis was perceived in the United States. An increasing number of costly and time-consuming lawsuits alleging medical malpractice against doctors, hospitals, and other health care providers caused malpractice insurers to raise premiums substantially, which in turn threatened to curtail the availability of adequate health care at reasonable cost. State legislatures responded to the crisis with a variety of substantive and procedural measures intended to reduce the number of litigated claims and the size of jury awards. One of the principal steps taken in a majority of states was the creation of extrajudicial panels …


Parklane Hosiery Co., Inc. V. Shore, Lewis F. Powell Jr. Oct 1978

Parklane Hosiery Co., Inc. V. Shore, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Davis V. Passman, Lewis F. Powell Jr. Oct 1978

Davis V. Passman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


New York City Transit Authority V. Beazer, Lewis F. Powell Jr. Oct 1978

New York City Transit Authority V. Beazer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Califano V. Yamasaki (Elliott), Lewis F. Powell Jr. Oct 1978

Califano V. Yamasaki (Elliott), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Lee-Hy Paving Corp. And Davis E. Clem V. O’Connor, Lewis F. Powell Jr. Oct 1978

Lee-Hy Paving Corp. And Davis E. Clem V. O’Connor, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Prejudgment Attachments In Three Courts Of Two States, Philip Shuchman Jul 1978

Prejudgment Attachments In Three Courts Of Two States, Philip Shuchman

Buffalo Law Review

No abstract provided.


Shaffer V. Heitner's Effect On Pre-Judgment Attachment, Jurisdiction Based On Property, And New York's Seider Doctrine: Have We Finally Given Up The Ghost Of The Res?, Mark F. Flescher, Dennis P. Harkawik Apr 1978

Shaffer V. Heitner's Effect On Pre-Judgment Attachment, Jurisdiction Based On Property, And New York's Seider Doctrine: Have We Finally Given Up The Ghost Of The Res?, Mark F. Flescher, Dennis P. Harkawik

Buffalo Law Review

No abstract provided.


Kulko V. Superior Court Of California In And For The City And County Of San Francisco (Horn, Real Party In Interest), Lewis F. Powell Jr. Oct 1977

Kulko V. Superior Court Of California In And For The City And County Of San Francisco (Horn, Real Party In Interest), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney Sep 1977

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1976 Apr 1977

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.


Shaffer V. Heitner, Lewis F. Powell Jr. Oct 1976

Shaffer V. Heitner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Village Of Arlington Heights V. Metropolitan Housing Development Authority Corp., Lewis F. Powell Jr. Oct 1976

Village Of Arlington Heights V. Metropolitan Housing Development Authority Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Standing, Mootness, And Federal Rule 23—Balancing Perspectives, Mary Kay Kane Oct 1976

Standing, Mootness, And Federal Rule 23—Balancing Perspectives, Mary Kay Kane

Buffalo Law Review

No abstract provided.


Civil Commitment In Texas - An Illusion Of Due Process., Willis Luttrell Sep 1976

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

St. Mary's Law Journal

Abstract Forthcoming.


Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach Jun 1976

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.


Justiciability In Texas: A Study In The Law Of Public Contracts., Kenneth L. Malone Jun 1976

Justiciability In Texas: A Study In The Law Of Public Contracts., Kenneth L. Malone

St. Mary's Law Journal

Abstract Forthcoming.


Prospective Remedies In Constitutional Adjudication, Doug Rendleman Feb 1976

Prospective Remedies In Constitutional Adjudication, Doug Rendleman

West Virginia Law Review

The archetypal constitutional plaintiff represents a class, sues in federal court, and asks the court to declare something unconstitutional and to effect a remedy against a local or state government official. If this litigant succeeds, the court must accommodate its remedy to federalism's perquisites. The remedy should advance some substantive or constitutional purpose. The mutual respect compelled by federalism exacerbates the inherent difficulties of attaining a successful remedy. This article examines the remedial relationships between class actions, declaratory judgments, and injunctions. The remedial task is to convert law into results. Most people comply with the law when it is communicated …


Federal Practice And Procedure, Martin J. Kane Jan 1976

Federal Practice And Procedure, Martin J. Kane

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1976

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Congressional Papers And Judicial Subpoenas And The Constitution, David H. Kaye Jan 1976

Congressional Papers And Judicial Subpoenas And The Constitution, David H. Kaye

Faculty Scholarship

Some contemporary Congresses have lost sight of the original scope of their predecessors' assertions of privilege and now claim an absolute privilege to withhold both the originals and copies of subpoenaed papers. A few judicial opinions suggest as much or more. It is possible that even cursorily documented, ill-considered dicta can take root and flourish, and to prevent that, this article This article charts the constitutional boundaries of Congress' privilege to withhold its internal papers from judicial subpoena. It surveys the privileges expressly given Congress in the text of the Constitution as well as the privileges that might be implied …


Making Sense Of The Prejudgment Seizure Cases, Richard Kay, Harold M. Lubin Jan 1976

Making Sense Of The Prejudgment Seizure Cases, Richard Kay, Harold M. Lubin

Faculty Articles and Papers

The purpose of this article is to examine critically four recent Supreme Court cases on prejudgment seizure, Sniadach v. Family Finance Corp., Fuentes v. Shevin, Mitchell v. W. T. Grant Co., and North Georgia Finishing, Inc. v. Di-Chem, Inc. These cases have been cited as an arch-example of inconsistency, even irrationality, in constitutional doctrine. Members of the Supreme Court and numerous scholars have expressed chagrin at the apparent irresponsible obscurity at this difficult intersection of creditors' remedies and constitutional rights. We believe, however, that the search for reasonable and rational constitutional standards is not a hopeless …


The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger Jan 1976

The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger

Buffalo Law Review

No abstract provided.