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Articles 991 - 1020 of 1478

Full-Text Articles in Civil Procedure

Time Is Not On Your Side: Establishing A Consistent Statute Of Limitations For The Alien Tort Claims Act, David E. Chawes Jan 2003

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 …


Into The Abyss: How Party Autonomy Supports Overreaching Through The Exercise Of Unequal Bargaining Power, 36 J. Marshall L. Rev. 421 (2003), Pamela Edwards Jan 2003

Into The Abyss: How Party Autonomy Supports Overreaching Through The Exercise Of Unequal Bargaining Power, 36 J. Marshall L. Rev. 421 (2003), Pamela Edwards

UIC Law Review

No abstract provided.


Mandamus As A Weapon Of "Class Warfare" In Sixth Amendment Jurisprudence: A Case Comment On United States V. Santos, 36 J. Marshall L. Rev. 733 (2003), John F. Costello Jr. Jan 2003

Mandamus As A Weapon Of "Class Warfare" In Sixth Amendment Jurisprudence: A Case Comment On United States V. Santos, 36 J. Marshall L. Rev. 733 (2003), John F. Costello Jr.

UIC Law Review

No abstract provided.


Survey Of Seventh Circuit Decisions: Class Actions, 36 J. Marshall L. Rev. 837 (2003), Iain D. Johnston Jan 2003

Survey Of Seventh Circuit Decisions: Class Actions, 36 J. Marshall L. Rev. 837 (2003), Iain D. Johnston

UIC Law Review

No abstract provided.


Forum Selection Clauses In Diversity Actions, 36 J. Marshall L. Rev. 941 (2003), Kendra Johnson Panek Jan 2003

Forum Selection Clauses In Diversity Actions, 36 J. Marshall L. Rev. 941 (2003), Kendra Johnson Panek

UIC Law Review

No abstract provided.


Agreeing To Disagree: A Balanced Solution To Whether Parties May Contract For Expanded Judicial Review Beyond The Faa, 36 J. Marshall L. Rev. 1005 (2003), Anthony J. Longo Jan 2003

Agreeing To Disagree: A Balanced Solution To Whether Parties May Contract For Expanded Judicial Review Beyond The Faa, 36 J. Marshall L. Rev. 1005 (2003), Anthony J. Longo

UIC Law Review

No abstract provided.


Diversity Class Actions, Common Relief, And The Rule Of Individual Valuation, Steven S. Gensler Jan 2003

Diversity Class Actions, Common Relief, And The Rule Of Individual Valuation, Steven S. Gensler

Faculty Articles

No abstract provided.


Civil Procedure: Class Certification And The Predominance Requirement Under Oklahoma Section 2023(B)(3), Steven S. Gensler Jan 2003

Civil Procedure: Class Certification And The Predominance Requirement Under Oklahoma Section 2023(B)(3), Steven S. Gensler

Faculty Articles

No abstract provided.


Daubert Asks The Right Questions: Now Appellate Courts Should Help Find The Right Answers, Christopher B. Mueller Jan 2003

Daubert Asks The Right Questions: Now Appellate Courts Should Help Find The Right Answers, Christopher B. Mueller

Publications

No abstract provided.


Towards Tribal Sovereignty And Judicial Efficiency: Ordering The Defenses Of Tribal Sovereign Immunity And Exhaustion Of Tribal Remedies, Kirsten Matoy Carlson Nov 2002

Towards Tribal Sovereignty And Judicial Efficiency: Ordering The Defenses Of Tribal Sovereign Immunity And Exhaustion Of Tribal Remedies, Kirsten Matoy Carlson

Michigan Law Review

In 1985, the Narragansett Indian Tribe ("Tribe") created the Narragansett Indian Wetuornuck Housing Authority ("Authority"). The Authority, which acts on the Tribe's behalf in its housing development and operations, entered into a contract with the Ninigret Development Corporation for the construction of a low-income housing development. After construction began, disputes developed over how to proceed with the construction. When conciliation efforts failed, the Authority cancelled the contract. The Narragansett Tribal Council, the governing body of the Tribe, followed the forum selection clause in the contract and notified the disputants that it would hold a hearing to resolve the dispute. Ninigret …


Seeing The Appellate Horizon: Civil Trial Strategy And Standards Of Review In The Eighth Circuit, R. Christopher Lawson Oct 2002

Seeing The Appellate Horizon: Civil Trial Strategy And Standards Of Review In The Eighth Circuit, R. Christopher Lawson

The Journal of Appellate Practice and Process

No abstract provided.


Procedure, Politics, And Power, Stephen B. Burbank Sep 2002

Procedure, Politics, And Power, Stephen B. Burbank

Journal of Legal Education

No abstract provided.


The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins Apr 2002

The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins

University of Arkansas at Little Rock Law Review

No abstract provided.


A Practitioner's Guide To Arkansas's New Judicial Article, Larry Brady, J.D. Gingerich Apr 2002

A Practitioner's Guide To Arkansas's New Judicial Article, Larry Brady, J.D. Gingerich

University of Arkansas at Little Rock Law Review

No abstract provided.


The Expiration Of The Civil Justice Reform Act Of 1990, Carl Tobias Mar 2002

The Expiration Of The Civil Justice Reform Act Of 1990, Carl Tobias

Washington and Lee Law Review

No abstract provided.


Keeping Courts Afloat In A Rising Sea Of Litigation: An Objective Approach To Imposing Rule 38 Sanctions For Frivolous Appeals, Scott A. Martin Mar 2002

Keeping Courts Afloat In A Rising Sea Of Litigation: An Objective Approach To Imposing Rule 38 Sanctions For Frivolous Appeals, Scott A. Martin

Michigan Law Review

As their dockets swell, federal judges' tolerance for attorney misconduct wears thin. More than ever, judges are willing to impose sanctions for abuses of federal court processes, including frivolous appeals. As one judge explained, "[w]ith courts struggling to remain afloat in a constantly rising sea of litigation, a frivolous appeal can itself be a form of obscenity." Aside from the need to reduce caseloads, other factors underlie the courts' willingness to impose sanctions for frivolous appeals. One concern is that the costs to responsible, ethical litigants increase sharply when the court system's resources are diverted to meritless claims. Another motivating …


The Adversary System As A Means Of Seeking Truth And Justice, 35 J. Marshall L. Rev. 147 (2002), Robert G. Johnston, Sara Lufrano Jan 2002

The Adversary System As A Means Of Seeking Truth And Justice, 35 J. Marshall L. Rev. 147 (2002), Robert G. Johnston, Sara Lufrano

UIC Law Review

No abstract provided.


The Draft Hague Convention On Jurisdiction And Enforcement Of Judgments And The Internet-A New Jurisdictional Framework, 36 J. Marshall L. Rev. 223 (2002), Kristen Hudson Clayton Jan 2002

The Draft Hague Convention On Jurisdiction And Enforcement Of Judgments And The Internet-A New Jurisdictional Framework, 36 J. Marshall L. Rev. 223 (2002), Kristen Hudson Clayton

UIC Law Review

No abstract provided.


Recognition And Enforcement Of Foreign Judgments In The United States: The Need For Federal Legislation, 37 J. Marshall L. Rev. 229 (2003), Violeta I. Balan Jan 2002

Recognition And Enforcement Of Foreign Judgments In The United States: The Need For Federal Legislation, 37 J. Marshall L. Rev. 229 (2003), Violeta I. Balan

UIC Law Review

No abstract provided.


Supreme Court Of Arkansas Rule 4-3(J): No-Merit Briefs In Arkansas And The Need To Amend The Rule, Jeffrey A. Weber Jan 2002

Supreme Court Of Arkansas Rule 4-3(J): No-Merit Briefs In Arkansas And The Need To Amend The Rule, Jeffrey A. Weber

University of Arkansas at Little Rock Law Review

No abstract provided.


The Practice Of Precedent: Anastasoff, Noncitation Rules, And The Meaning Of Precedent In An Interpretive Community, Lauren K. Robel Jan 2002

The Practice Of Precedent: Anastasoff, Noncitation Rules, And The Meaning Of Precedent In An Interpretive Community, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


Local Federal Civil Procedure For The Twenty-First Century, Carl W. Tobias Jan 2002

Local Federal Civil Procedure For The Twenty-First Century, Carl W. Tobias

Law Faculty Publications

Federal civil procedure is now byzantine. Lawyers and parties face, and federal judges apply, a bewildering panorama of requirements. There are strictures in the Federal Rules of Civil Procedure as well as Title 28 of the United States Code and dozens of substantive statutes. A stunning array of local measures-including local rules; general, special, and scheduling orders; individual-judge practices; and mechanisms that courts adopted under the Civil Justice Reform Act (CJRA) of 1990 to reduce cost and delay-also govern cases in all ninety-four districts. Many of the provisions· are inconsistent or duplicative, while a significant percentage are difficult to discover, …


Federal Class Action Reform In The United States: Past And Future And Where Next?, Edward H. Cooper Jan 2002

Federal Class Action Reform In The United States: Past And Future And Where Next?, Edward H. Cooper

Articles

Predicting the likely future developments in class action practice in the federal courts of the United States must begin in the past.


The Communities That Make Standards Of Care Possible, Anita Bernstein Jan 2002

The Communities That Make Standards Of Care Possible, Anita Bernstein

Faculty Scholarship

No abstract provided.


Plaintiphobia In The Appellate Courts: Civil Rights Really Do Differ From Negotiable Instruments, Kevin M. Clermont, Theodore Eisenberg Jan 2002

Plaintiphobia In The Appellate Courts: Civil Rights Really Do Differ From Negotiable Instruments, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Professors Clermont and Eisenberg conducted a systematic analysis of appellate court behavior and report that defendants have a substantial advantage over plaintiffs on appeal. Their analysis attempted to control for different variables that may affect the decision to appeal or the appellate outcome, including case complexity, case type, amount in controversy, and whether there had been a judge or a jury trial. Once they accounted for these variables and explored and discarded various alternate explanations, they came to the conclusion that a defendants' advantage exists probably because of appellate judges' misperceptions that trial level adjudicators are pro-plaintiff.


The Expiration Of The Civil Justice Reform Act Of 1990, Carl W. Tobias Jan 2002

The Expiration Of The Civil Justice Reform Act Of 1990, Carl W. Tobias

Law Faculty Publications

Ever since the United States Congress passed the Civil Justice Reform Act of 1990 (CJRA), a minor mystery of federal court jurisprudence has been whether - and if so, precisely when - that significant and controversial legislation expired. The measure instituted unprecedented nationwide experimentation with procedures that lawmakers intended to decrease cost and delay in civil litigation, but the statute's implementation additionally balkanized federal practice and procedure.


Common Law Courts In An Age Of Equity Procedure: Redefining Appellate Review For The Mass Tort Era, Melissa A. Waters Jan 2002

Common Law Courts In An Age Of Equity Procedure: Redefining Appellate Review For The Mass Tort Era, Melissa A. Waters

Scholarship@WashULaw

From expansion of tort liability rules, to novel claims aggregation and settlement techniques, to statistically derived liability and damages assessments, mass tort litigation is producing unprecedented innovations at every level of the federal legal system. What is particularly striking about these innovations is that they are almost exclusively the product of a handful of federal trial judges who specialize in mass tort cases. Because appellate courts lack the necessary tools to supervise their decisions, these few mass tort trial judges are shaping the rules that govern the mass tort legal regime with little or no appellate supervision. The result is …


Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner Dec 2001

Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner

Michigan Law Review

During patent infringement litigation, the Federal Rules of Civil Procedure ("FRCP") and the federal district court's local rules govern the parties' pretrial discovery and motion practice. The U.S. District Court for the Northern District of California has adopted the most comprehensive local rules to date covering pretrial procedures in the patent litigation context. The Northern District of California Patent Local Rules ("Local Rules") may come to have a significant impact throughout the federal courts, as it appears that other jurisdictions and commentators are looking to the Local Rules for guidance. For instance, the American Bar Association Section of Intellectual Property …


After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman Apr 2001

After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman

All Faculty Scholarship

In Steel Co. v. Citizens for a Better Environment, the United States Supreme Court, sua sponte, denounced the doctrine of "hypothetical jurisdiction," a doctrine that, in some circumstances, allowed courts to assume, arguendo, the existence of jurisdiction and to address the merit questions presented by cases. Several of the Justices distanced themselves from the denunciation, however, and despite the vociferousness of the position taken by the majority, even it found that there were exceptional circumstances in which the Court had acted properly (and presumably in which other courts would act appropriately) in assuming jurisdiction arguendo and addressing merits questions. The …


The Power Of A Federal Appellate Court To Direct Entry Of Judgment As A Matter Of Law: Reflections On Weisgram V. Marley Co., Robert A. Ragazzo Apr 2001

The Power Of A Federal Appellate Court To Direct Entry Of Judgment As A Matter Of Law: Reflections On Weisgram V. Marley Co., Robert A. Ragazzo

The Journal of Appellate Practice and Process

Federal district court judges have several mechanisms for controlling civil jury functions. One mechanism is the entry of judgment as a matter of law. Federal appellate courts are able to reverse and direct entry of judgment as a matter of law. This article examines the appropriateness of such authority.