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Maurer School of Law: Indiana University

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Articles 31 - 60 of 164

Full-Text Articles in Civil Procedure

Recognizing Odysseus' Scar: Reconceptualizing Pain And Its Empathic Role In Civil Adjudication, Jody L. Madeira Jan 2006

Recognizing Odysseus' Scar: Reconceptualizing Pain And Its Empathic Role In Civil Adjudication, Jody L. Madeira

Articles by Maurer Faculty

This Article proffers a consideration of how the expression of pain impacts the interpersonal dimensions of personal injury proceedings, contesting through philosophical logic and textual analyses of case law and legal practitioners' texts the conclusion of scholars such as Elaine Scarry and Robert Cover that pain unmakes both the word and the world. Seeing pain as something that can and must be communicated, albeit in a different form than pain embodied, makes pain a much more profound force, comports with our understanding of pain as a physical yet interpersonally meaningful sensation, and has many evidentiary ramifications. Taking as its premise …


Clear Sailing Agreements: A Special Form Of Collusion In Class Action Settlements, William D. Henderson Jan 2003

Clear Sailing Agreements: A Special Form Of Collusion In Class Action Settlements, William D. Henderson

Articles by Maurer Faculty

A clear sailing agreement (or clause) is a compromise in which a class action defendant agrees not to contest the class lawyer's petition for attorneys' fees. This Article argues that clear sailing provisions often facilitate collusive settlements in cases involving non-pecuniary relief or claims-made common funds that return all unclaimed monies to the defendant. Because these types of settlements present difficult valuation problems, trial courts lack a clear benchmark for calculating attorneys' fees. Defendants and class can exploit this uncertainty by presenting an inflated settlement value to the court (to justify higher attorneys' fees) while simultaneously reducing the true cost …


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.


Reconciling The Juridical Links Doctrine With The Federal Rules Of Civil Procedure And Article Iii, William D. Henderson Jan 2000

Reconciling The Juridical Links Doctrine With The Federal Rules Of Civil Procedure And Article Iii, William D. Henderson

Articles by Maurer Faculty

Over the past three decades, the juridical link and concerted action exceptions have evolved from dicta in the Ninth Circuit's decision in La Mar to an amorphous and undertheorized body of case law that has dangerously merged procedural and jurisdictional issues. Drawing on the principles of class action jurisprudence set forth by the Supreme Court in Amchem and Ortiz, lower courts should consider the issues of class certification and Rule 20(a) joinder before turning to the issue of standing under Article III. Under this approach, courts would not be able to reconcile much of the juridical links case law with …


Toward A Principled Statutory Approach To Supplemental Jurisdiction In Diversity Of Citizenship Cases, Richard D. Freer Jan 1998

Toward A Principled Statutory Approach To Supplemental Jurisdiction In Diversity Of Citizenship Cases, Richard D. Freer

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


1367 And All That: Recodifying Federal Supplemental Jurisdiction, Thomas D. Rowe Jr. Jan 1998

1367 And All That: Recodifying Federal Supplemental Jurisdiction, Thomas D. Rowe Jr.

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


Revisiting The Policy Case For Supplemental Jurisdiction, Robert G. Bone Jan 1998

Revisiting The Policy Case For Supplemental Jurisdiction, Robert G. Bone

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan Steinman Jan 1998

Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan Steinman

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


Supplemental Jurisdiction-Take It To The Limit!, Howard P. Fink Jan 1998

Supplemental Jurisdiction-Take It To The Limit!, Howard P. Fink

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


"Common Nucleus Of Operative Fact" And Defensive Set-Off: Beyond The Gibbs Test, William A. Fletcher Jan 1998

"Common Nucleus Of Operative Fact" And Defensive Set-Off: Beyond The Gibbs Test, William A. Fletcher

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


Making Sense Of Nonsense: Reforming Supplemental Jurisdiction, Graham C. Lilly Jan 1998

Making Sense Of Nonsense: Reforming Supplemental Jurisdiction, Graham C. Lilly

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


The Forgotten Proviso Of § 1367(B) (And Why We Forgot), Peter Raven-Hansen Jan 1998

The Forgotten Proviso Of § 1367(B) (And Why We Forgot), Peter Raven-Hansen

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


Supplemental Jurisdiction: A Confession, An Avoidance, And A Proposal, David L. Shapiro Jan 1998

Supplemental Jurisdiction: A Confession, An Avoidance, And A Proposal, David L. Shapiro

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


Comment On The Supplemental- Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf Jan 1998

Comment On The Supplemental- Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


Teaching Supplemental Jurisdiction, Stephen C. Yeazell Jan 1998

Teaching Supplemental Jurisdiction, Stephen C. Yeazell

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


Integrating Supplemental Jurisdiction And Diversity Jurisdiction: A Progress Report On The Work Of The American Law Institute, John B. Oakley Jan 1998

Integrating Supplemental Jurisdiction And Diversity Jurisdiction: A Progress Report On The Work Of The American Law Institute, John B. Oakley

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


An Alternative And Discretionary § 1367, Edward H. Cooper Jan 1998

An Alternative And Discretionary § 1367, Edward H. Cooper

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.


Introduction (A Reappraisal Of The Supplemental-Jurisdiction Statute: Title 28 U.S.C Sec. 1387, Symposium), Gene R. Shreve Jan 1997

Introduction (A Reappraisal Of The Supplemental-Jurisdiction Statute: Title 28 U.S.C Sec. 1387, Symposium), Gene R. Shreve

Indiana Law Journal

Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C sec. 1387.


"Civil"Lzing Tax Procedure: Applying General Federal Learning To Statutory Notices Of Deficiency, Leandra Lederman Jan 1996

"Civil"Lzing Tax Procedure: Applying General Federal Learning To Statutory Notices Of Deficiency, Leandra Lederman

Articles by Maurer Faculty

Tax procedure has been rather isolated from the main currents of civil procedure. Using the statutory notice of deficiency as an exemplar, the article explores how viewing tax procedure issues from the perspective of general civil litigation can facilitate procedural regularity and foster fairness to United States Tax Court contestants. The statutory notice is the document by which the IRS forewarns a taxpayer of impending assessment of tax greater than the amount reported on the taxpayer's return. The article identifies three functions of the notice and their general civil litigation analogues. First, like legal process, it provides the taxpayer with …


Mandatory Disclosure Can Improve The Discovery System, Angela R. Lang Apr 1995

Mandatory Disclosure Can Improve The Discovery System, Angela R. Lang

Indiana Law Journal

No abstract provided.


Civil Contempt And The Rational Contemnor, Linda S. Beres Jul 1994

Civil Contempt And The Rational Contemnor, Linda S. Beres

Indiana Law Journal

No abstract provided.


Fractured Procedure: The Civil Justice Reform Act Of 1990, Lauren K. Robel Jan 1994

Fractured Procedure: The Civil Justice Reform Act Of 1990, Lauren K. Robel

Articles by Maurer Faculty

Federal district courts have viewed the Civil Justice Reform Act of 1990 as a mandate to adopt procedural rules inconsistent with existing law. But in this article, Professor Robel argues that the Act neither compels nor authorizes such local deviations. Citing examples from reforms underway in district courts nationwide, Professor Robel contends that courts' assertions of broad rulemaking authority rest on a misreading of the Act and of the compromise between Congress and the judiciary that led to its passage. Professor Robel cautions that the goal of national uniformity underlying the Federal Rules of Civil Procedure should not be compromised …


The 1993 Revision Of Federal Rule 11, Carl Tobias Jan 1994

The 1993 Revision Of Federal Rule 11, Carl Tobias

Indiana Law Journal

No abstract provided.


Mandatory Disclosure And Local Abrogation: In Search Of A Theory For Optional Rules, Lauren K. Robel Jan 1994

Mandatory Disclosure And Local Abrogation: In Search Of A Theory For Optional Rules, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


Book Review. Civil Procedure: Other Disciplines, Globalization, And Simple Gifts, Gene R. Shreve Jan 1994

Book Review. Civil Procedure: Other Disciplines, Globalization, And Simple Gifts, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Reform Aspirations Of The Complex Litigation Project, Gene R. Shreve Jan 1994

Reform Aspirations Of The Complex Litigation Project, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Private Justice And The Federal Bench, Lauren K. Robel Jul 1993

Private Justice And The Federal Bench, Lauren K. Robel

Indiana Law Journal

No abstract provided.


Adverse Publicity As A Means Of Reducing Judicial Decision-Making Delay: Periodic Disclosure Of Pending Motions, Bench Trials And Cases Under The Civil Justice Reform Act, Charles G. Geyh Jan 1993

Adverse Publicity As A Means Of Reducing Judicial Decision-Making Delay: Periodic Disclosure Of Pending Motions, Bench Trials And Cases Under The Civil Justice Reform Act, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.


Grass Roots Procedure: Local Advisory Groups And The Civil Justice Reform Act Of 1990, Lauren K. Robel Jan 1993

Grass Roots Procedure: Local Advisory Groups And The Civil Justice Reform Act Of 1990, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve Jan 1992

Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.