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Articles 901 - 930 of 964
Full-Text Articles in Civil Procedure
Recent Decisions
University of Richmond Law Review
This is a summary of the case law that was decided in 1970.
An Idigent's Right To An In Forma Pauperis Proceeding In Pennsylvania Divorce Litigation - Analysis And A Proposal, Richard W. Hoolstein, Michael R. Stiles
An Idigent's Right To An In Forma Pauperis Proceeding In Pennsylvania Divorce Litigation - Analysis And A Proposal, Richard W. Hoolstein, Michael R. Stiles
Villanova Law Review (1956 - )
No abstract provided.
The Proper Standard For Directed Verdicts In The Federal Courts: The Influences Of The Seventh Amendment And The Erie Doctrine, Ward T. Williams
The Proper Standard For Directed Verdicts In The Federal Courts: The Influences Of The Seventh Amendment And The Erie Doctrine, Ward T. Williams
Villanova Law Review (1956 - )
No abstract provided.
The Release Of Government-Owned Technical Data Under The Freedom Of Information Law: Between Scylla And Charybdis, James A. Dobkin
The Release Of Government-Owned Technical Data Under The Freedom Of Information Law: Between Scylla And Charybdis, James A. Dobkin
Villanova Law Review (1956 - )
No abstract provided.
Does Residence Equal Domicile? Divorce Regulation Under New York Domestic Relations Law Section 250, Michael L. Mccarthy
Does Residence Equal Domicile? Divorce Regulation Under New York Domestic Relations Law Section 250, Michael L. Mccarthy
Buffalo Law Review
No abstract provided.
Abstracts Of Recent Cases, Jerry David Hogg
Abstracts Of Recent Cases, Jerry David Hogg
West Virginia Law Review
No abstract provided.
Family Law—Availability Of Third-Party Collateral Attack On Alabama Bilateral Divorce Decrees In New York, Henry K. Garson
Family Law—Availability Of Third-Party Collateral Attack On Alabama Bilateral Divorce Decrees In New York, Henry K. Garson
Buffalo Law Review
Weisner v. Weisner, 17 N.Y.2d 799, 218 N.E.2d 300, 271 N.Y.S.2d 252 (1966).
Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review
Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review
Michigan Law Review
During the summer of 1964, a federal district judge issued an injunction prohibiting various St. Augustine, Florida organizations and other persons with notice of the injunction from harassing or intimidating Negroes who were seeking motel or restaurant accommodations. Appellant Lance, an unpaid volunteer deputy sheriff, was not a member of any of the enjoined organizations, but he had actual notice of the order. Nonetheless, six days after the injunction was issued, he engaged in activities designed to intimidate a Negro citizen. In a subsequent civil contempt action arising from these activities, the federal district judge, asserting jurisdiction over him because …
A Handbook Of Federal Habeas Corpus. Ronald P. Sokol.
A Handbook Of Federal Habeas Corpus. Ronald P. Sokol.
Washington and Lee Law Review
No abstract provided.
Eleventh Amendment, Judicial Code, And Federal Rules Of Civil Procedure Restrict Ability Of United States To Implead A State In Connection With Suit Commenced By A Private Citizen--Parks V. United States, Michigan Law Review
Michigan Law Review
Suit was brought by an individual against the United States under the Federal Tort Claims Act to recover compensation for property damage alleged to have been caused by the Government's negligence in constructing and maintaining the physical components\ of a flood-control project in New York. Relying upon New York's promise to hold the United States harmless on any liability arising from damage of this nature, the Government impleaded the state. On a motion before the United States District Court for the Northern District of New York to dismiss the state as a third-party defendant, held, motion granted. The Federal …
Book Review, Ira Michael Heyman, Michael E. Tigar
Book Review, Ira Michael Heyman, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Federal Civil Procedure-Existence Of Federal Cause Of Action For Abuse Of Federal Process, Laurence D. Connor
Federal Civil Procedure-Existence Of Federal Cause Of Action For Abuse Of Federal Process, Laurence D. Connor
Michigan Law Review
Petitioner was served with a subpoena ordering him to appear before the House Committee on Un-American Activities. He subsequently brought an action in federal district court asking for damages and injunctive relief and praying that the subpoena be declared void and of no effect. He alleged it had been signed in blank by the Committee chairman and that respondent, an investigator for the Committee without delegated subpoena power, had filled in petitioner's name without authorization and caused it to be served on him at his place of employment. Petitioner also alleged that respondent intended to subject him to public shame …
Abstracts Of Recent Cases, Ward Day Stone Jr.
Abstracts Of Recent Cases, Ward Day Stone Jr.
West Virginia Law Review
No abstract provided.
The Constitution And Contempt Of Court, Ronald Goldfarb
The Constitution And Contempt Of Court, Ronald Goldfarb
Michigan Law Review
Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …
Federal Civil Procedure--Right To Trial By Jury--State Law Controlling In Characterization Of Issues As Legal Or Equitable, Donald E. Vacin S.Ed.
Federal Civil Procedure--Right To Trial By Jury--State Law Controlling In Characterization Of Issues As Legal Or Equitable, Donald E. Vacin S.Ed.
Michigan Law Review
An action for declaratory relief was brought in a federal district court to determine the validity of a contingent fee contract and the reasonableness of attorney's fees in a will contest case. Plaintiff's motion for summary judgment was sustained. On appeal, the court of appeals reversed and remanded with instructions to grant defendant's motion for jury trial, in accordance with Oklahoma practice, on the question whether the contingent fee contract was fair and free from fraud. The Supreme Court granted certiorari, vacated the judgment, and remanded the case for reconsideration in the light of a recent state decision. On reconsideration …
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
Abstracts Of Recent Cases, Charles Henry Rudolph Jr.
West Virginia Law Review
No abstract provided.
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Michigan Law Review
It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.
Abstracts Of Recent Cases, M. J. F.
Abstracts Of Recent Cases, G. H. A.
Civil Procedure - Jurisdiction - Service Of Process On Foreign Television Corporation, Arnold Henson S.Ed.
Civil Procedure - Jurisdiction - Service Of Process On Foreign Television Corporation, Arnold Henson S.Ed.
Michigan Law Review
Defendant, a West Virginia corporation, operated a television station in Huntington, West Virginia. Its telecasts regularly reached into Boyd County, Kentucky, where part of its customary viewing audience was located. During a twelve-month period in 1954-1955 the corporation derived $71,310.30 in advertising revenue from Kentucky firms, although the contracts for this advertising were made outside Kentucky. In the course of a newscast defendant published an alleged libel against plaintiff, and suit was brought in Boyd County Court. Substituted service of process was made on the Secretary of State in accordance with the Kentucky "doing business" statute, and defendant then removed …
Constitutional Law - Fifth Amendment - Right Of Defendant In Denaturalization Proceedings To Refuse To Testify, Theodore G. Koerner
Constitutional Law - Fifth Amendment - Right Of Defendant In Denaturalization Proceedings To Refuse To Testify, Theodore G. Koerner
Michigan Law Review
The United States as plaintiff instituted denaturalization proceedings alleging that deliberately false statements were made by defendant at the time of his naturalization. No "affidavit showing good cause" for such suit, required by section 340 (a) of the Immigration and Nationality Act of 1952, was filed with the original complaint although one was filed with a later amended complaint. When plaintiff sought to take defendant's deposition pursuant to rule 26, Federal Rules of Civil Procedure, defendant appeared for the examination but refused to be sworn. He was taken before the district court which directed that he be sworn, and he …
Abstracts Of Recent Cases, T. E. P.
Federal Procedure - Trial Practice - Not Reversible Error For Trial Judge To Summon Jury Sua Sponte After Waiver, Thomas A. Dieterich
Federal Procedure - Trial Practice - Not Reversible Error For Trial Judge To Summon Jury Sua Sponte After Waiver, Thomas A. Dieterich
Michigan Law Review
Plaintiff instituted this action for breach of contract and defendant counterclaimed. Neither party demanded a jury trial during the period in which it was claimable as of right. Subsequently defendant moved for a jury trial. The motion was denied and was never renewed. Seven months later, on the eve of the trial, the court issued an order sua sponte for a jury trial. Plaintiff's objection was overruled. The jury awarded damages to plaintiff in the same amount as the conceded counterclaim. On appeal, held, affirmed, one judge dissenting. Although the trial judge's action in calling a jury on his …
Federal Procedure - Jurisdiction - Minimal Diversity Permitted By The Federal Interpleader Act Satisfies Constitutional Requirements, Robert J. Hoerner
Federal Procedure - Jurisdiction - Minimal Diversity Permitted By The Federal Interpleader Act Satisfies Constitutional Requirements, Robert J. Hoerner
Michigan Law Review
A disinterested Texas bank brought a federal interpleader action under 28 U.S.C. (1952) §1335 against a Texas widow and four joint claimants, three of whom were Texas citizens and the other a Tennessee citizen. On appeal from a summary judgment for the joint claimants, the widow argued that the court lacked jurisdiction. Held, affirmed. Congress intended that section 1335 should cover these "minimal" facts. The "complete diversity'' requirement of Strawbridge v. Curtiss is only a rule of statutory construction and not a constitutional requirement. Haynes v. Felder, (5th Cir. 1957) 239 F. (2d) 868.
Constitutional Law - Due Process - Notice Required To Validate Tax Foreclosure Of Property Of Known Mental Incompetent, Frank M. Lacey S.Ed.
Constitutional Law - Due Process - Notice Required To Validate Tax Foreclosure Of Property Of Known Mental Incompetent, Frank M. Lacey S.Ed.
Michigan Law Review
On May 8, 1952, the town of Somers instituted an action to foreclose a number of tax liens. One of these was upon the property owned by a person known in the community to be a mental incompetent, but who had not yet been so certified by a court. Notice was given to the incompetent taxpayer in compliance with the statute by mail, posting, and publication. When she failed to answer within the prescribed period, foreclosure was entered and a deed to her property delivered to the town. Five days later she was declared a person of unsound mind, and …
Constitutional Law--Equal Protection--Appellate Review In Criminal Case Based On Ability To Pay, R. M.
Constitutional Law--Equal Protection--Appellate Review In Criminal Case Based On Ability To Pay, R. M.
West Virginia Law Review
No abstract provided.
Book Reviews, Arthur M. Sammis, Michael H. Cardozo, George T. Frampton, Percy Bordwell, S. E. Thorne, Herbert A. Kuvin, W. Bryan Bolich, Joseph Dainow, Robert B. Looper
Book Reviews, Arthur M. Sammis, Michael H. Cardozo, George T. Frampton, Percy Bordwell, S. E. Thorne, Herbert A. Kuvin, W. Bryan Bolich, Joseph Dainow, Robert B. Looper
Journal of Legal Education
No abstract provided.
Suits Against Unincorporated Associations Under The Federal Rules Of Civil Procedure, John Kaplan
Suits Against Unincorporated Associations Under The Federal Rules Of Civil Procedure, John Kaplan
Michigan Law Review
Concepts, Benjamin Cardozo has said, "are useful, indeed indispensable, if kept within their place. We will press them quite a distance. . . . A time comes, however, when the concepts carry us too far, or farther than we are ready to go with them, and behold, some other concept, with capacity to serve our needs is waiting at the gate. 'It is a peculiar virtue of our system of law that the process of inclusion and exclusion, so often employed in developing a rule, is not allowed to end with its enunciation, and that an expression in an opinion …
Constitutional Law - Legislative Contempt Power-Procedure Against Witness For Conduct Before Commission Composed Of Legislators And Others, Julius B. Poppinga
Constitutional Law - Legislative Contempt Power-Procedure Against Witness For Conduct Before Commission Composed Of Legislators And Others, Julius B. Poppinga
Michigan Law Review
The Massachusetts General Court, for the purpose of investigating communism and subversive activities within the Commonwealth, established by joint resolution a "special commission" composed of two members of the Senate, three members of the House, and two persons to be appointed by the governor. When the commission summoned Otis A. Hood to appear before it, he refused to be sworn as a witness without first receiving witness fees, and flippantly expressed his demand for payment. The general court requested an advisory opinion of the Supreme Judicial Court of Massachusetts, propounding three questions: (1) whether the special commission was a committee …
Book Reviews, Grant Gilmore, Robert J. Nordstrom, Richard J. Faletti, Robert Barbeau Mautz, Charles Elmer Fiddler, Calvin W. Corman, George B. Fraser, Adam Yarmolinsky, James A. Durham, Reginald Parker, Jo Desha Lucas, Thomas W. Christopher, Frederick J. Ludwig, John S. Bradway, Harold Gill Reuschlein, Henri Renard S.J., C. Dallas Sands, William P. Murphy
Book Reviews, Grant Gilmore, Robert J. Nordstrom, Richard J. Faletti, Robert Barbeau Mautz, Charles Elmer Fiddler, Calvin W. Corman, George B. Fraser, Adam Yarmolinsky, James A. Durham, Reginald Parker, Jo Desha Lucas, Thomas W. Christopher, Frederick J. Ludwig, John S. Bradway, Harold Gill Reuschlein, Henri Renard S.J., C. Dallas Sands, William P. Murphy
Journal of Legal Education
No abstract provided.