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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
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
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
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
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
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
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
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
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
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
BYU Law Review
No abstract provided.
Confronting The Consolidation Conundrum, Richard L. Marcus
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
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
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
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
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
BYU Law Review
No abstract provided.
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
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
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
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
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
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
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
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
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
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
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
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
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
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Barker Brandt
BYU Law Review
No abstract provided.