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Civil Procedure Commons™

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Articles 31 - 60 of 89

Full-Text Articles in Civil Procedure

Getting Title Vii Back On Track: Leaving Allison Behind For The Robinson Line, W. Lyle Stamps Mar 2003

Getting Title Vii Back On Track: Leaving Allison Behind For The Robinson Line, W. Lyle Stamps

Brigham Young University Journal of Public Law

No abstract provided.


Advisory Juries And Their Use And Misuse In Federal Tort Claims Act Cases, Matthew L. Zabel Mar 2003

Advisory Juries And Their Use And Misuse In Federal Tort Claims Act Cases, Matthew L. Zabel

BYU Law Review

No abstract provided.


The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter Nov 1997

The Epistemology Of Admissibility: Why Even Good Philosophy Of Science Would Not Make For Good Philosophy Of Evidence, Brian Leiter

BYU Law Review

No abstract provided.


Expert Opinion Pleading: Any Merit To Special Certificates Of Merit?, Jeffrey A. Parness Sep 1997

Expert Opinion Pleading: Any Merit To Special Certificates Of Merit?, Jeffrey A. Parness

BYU Law Review

No abstract provided.


Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom May 1997

Mcknight V. Rees: Delineating The Qualified Immunity "Haves" And "Have-Nots" Among Private Parties, James L. Ahlstrom

BYU Law Review

No abstract provided.


A Misapplication Of Daubert: Compton V. Subaru Of America Opens The Gate For Unreliable And Irrelevant Expert Testimony, Jonathan R. Schofield May 1997

A Misapplication Of Daubert: Compton V. Subaru Of America Opens The Gate For Unreliable And Irrelevant Expert Testimony, Jonathan R. Schofield

BYU Law Review

No abstract provided.


Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook May 1997

Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook

BYU Law Review

No abstract provided.


Pleading And Proof: The Economics Of Legal Burdens, Thomas R. Lee Mar 1997

Pleading And Proof: The Economics Of Legal Burdens, Thomas R. Lee

BYU Law Review

Courts have traditionally assigned burdens of pleading and burdens of proof by mechanically applying any of a number of meaningless "tests." Conventional doctrine assigns these burdens to the party to whose case the issue in question is "essential," or to the party who must establish the "affirmative proposition." Neither of these tests provides a coherent methodology for making such allocations. The first is circular-an issue is "essential" by virtue of the fact that the party has been assigned the burden. The latter is unworkable; it depends on accidents of syntax and may be easily manipulated. This Article attempts to fill …


Putting The Halper Genie Back In The Bottle: Examining United States U. Ursery In Light Of Halper, Austin, And Kurth Ranch, Sarah Jean Watterson Mar 1997

Putting The Halper Genie Back In The Bottle: Examining United States U. Ursery In Light Of Halper, Austin, And Kurth Ranch, Sarah Jean Watterson

BYU Law Review

No abstract provided.


How Modern Treatment Of 35 U.S.C. § 112(6) Has Caused Confusion: Hilton Davis V. Warner-Jenkinson And The Right To A Jury On The Issue Of Patent Infringement Under The "Equitable" Doctrine Of Equivalents, David R. Todd Mar 1996

How Modern Treatment Of 35 U.S.C. § 112(6) Has Caused Confusion: Hilton Davis V. Warner-Jenkinson And The Right To A Jury On The Issue Of Patent Infringement Under The "Equitable" Doctrine Of Equivalents, David R. Todd

BYU Law Review

No abstract provided.


Confronting The Consolidation Conundrum, Richard L. Marcus Sep 1995

Confronting The Consolidation Conundrum, Richard L. Marcus

BYU Law Review

No abstract provided.


The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn Sep 1995

The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn

BYU Law Review

No abstract provided.


Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii Sep 1995

Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii

BYU Law Review

No abstract provided.


Antisuit Injunction And Notice Of Intervention And Preclusion: Complementary Devices To Prevent Duplicative Litigation, Edward F. Sherman Sep 1995

Antisuit Injunction And Notice Of Intervention And Preclusion: Complementary Devices To Prevent Duplicative Litigation, Edward F. Sherman

BYU Law Review

No abstract provided.


The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark Sep 1995

The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark

BYU Law Review

No abstract provided.


Antisuit Injunctions Under The Complex Litigation Proposal: Harmonizing The Sirens' Song Of Efficiency And Fairness With The Hymn Of Judicial Federalism And Comity, Paul W. Werner Sep 1995

Antisuit Injunctions Under The Complex Litigation Proposal: Harmonizing The Sirens' Song Of Efficiency And Fairness With The Hymn Of Judicial Federalism And Comity, Paul W. Werner

BYU Law Review

No abstract provided.


Selected Provisions Of The Ali Complex Litigation Proposal: Statutory Recommendations & Reporter's Study Sep 1995

Selected Provisions Of The Ali Complex Litigation Proposal: Statutory Recommendations & Reporter's Study

BYU Law Review

No abstract provided.


The Effect Of The Utah Administrative Procedures Act On The Standards Of Review For Final Administrative Agency Adjudications, John C. Steele Mar 1995

The Effect Of The Utah Administrative Procedures Act On The Standards Of Review For Final Administrative Agency Adjudications, John C. Steele

Brigham Young University Journal of Public Law

No abstract provided.


Statutory Post-Judgment Interest: The Effect Of Legislative Changes After Judgment And Suggestions For Construction, Brian P. Miller Sep 1994

Statutory Post-Judgment Interest: The Effect Of Legislative Changes After Judgment And Suggestions For Construction, Brian P. Miller

BYU Law Review

No abstract provided.


Prosecutorial Immunity: Imbler, Burns, And Now Buckley U. Fitzsimmons-The Supreme Court's Attempt To Provide Guidance In A Difficult Area, Jeffery J. Mckenna Sep 1994

Prosecutorial Immunity: Imbler, Burns, And Now Buckley U. Fitzsimmons-The Supreme Court's Attempt To Provide Guidance In A Difficult Area, Jeffery J. Mckenna

BYU Law Review

No abstract provided.


A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried Sep 1993

A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried

BYU Law Review

No abstract provided.


Fines Under New Federal Civil Rule 11: The New Monetary Sanctions For The "Stop-And-Think-Again" Rule, Jeffrey A. Parness Sep 1993

Fines Under New Federal Civil Rule 11: The New Monetary Sanctions For The "Stop-And-Think-Again" Rule, Jeffrey A. Parness

BYU Law Review

No abstract provided.


Tightening Judicial Standards For Granting Foreign Discovery Requests, Ryan J. Earl Mar 1993

Tightening Judicial Standards For Granting Foreign Discovery Requests, Ryan J. Earl

BYU Law Review

No abstract provided.


Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett Sep 1992

Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett

Brigham Young University Journal of Public Law

No abstract provided.


The Congressional Subpeona: Power, Limitations And Witness Protection, Christopher F. Corr, Gregory J. Spak Mar 1992

The Congressional Subpeona: Power, Limitations And Witness Protection, Christopher F. Corr, Gregory J. Spak

Brigham Young University Journal of Public Law

No abstract provided.


Interpreting Statutes Faithfully-Not Dynamically, Craig W. Dallon Sep 1991

Interpreting Statutes Faithfully-Not Dynamically, Craig W. Dallon

BYU Law Review

No abstract provided.


Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman May 1991

Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman

BYU Law Review

No abstract provided.


Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow May 1991

Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow

BYU Law Review

No abstract provided.


The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings Mar 1991

The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings

Brigham Young University Journal of Public Law

No abstract provided.


Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Barker Brandt Sep 1990

Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Barker Brandt

BYU Law Review

No abstract provided.