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University of Oklahoma College of Law

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Articles 61 - 90 of 97

Full-Text Articles in Civil Procedure

The Amended Attorney-Client Privilege In Oklahoma: A Misstep In The Right Direction, Robert A. Brown Jan 2011

The Amended Attorney-Client Privilege In Oklahoma: A Misstep In The Right Direction, Robert A. Brown

Oklahoma Law Review

No abstract provided.


A Tribute To Robert Spector: "It Started With Jurisdiction", Steven Gensler Jan 2011

A Tribute To Robert Spector: "It Started With Jurisdiction", Steven Gensler

Other Faculty Publications

No abstract provided.


Tremors Of Things To Come: The Great Split Between Federal And State Pleading Standards, Roger Michalski Jan 2010

Tremors Of Things To Come: The Great Split Between Federal And State Pleading Standards, Roger Michalski

Faculty Articles

No abstract provided.


Piped In: The Tenth Circuit Weighs In On Extending American Pipe Tolling In State Farm Mutual Automobile Insurance Co. V. Boellstorff, Caleb Brown Jan 2010

Piped In: The Tenth Circuit Weighs In On Extending American Pipe Tolling In State Farm Mutual Automobile Insurance Co. V. Boellstorff, Caleb Brown

Oklahoma Law Review

No abstract provided.


Bull’S-Eye View Of Cooperation In Discovery, Steven S. Gensler Jan 2009

Bull’S-Eye View Of Cooperation In Discovery, Steven S. Gensler

Faculty Articles

No abstract provided.


Statutory Standing And The Tyranny Of Labels, Radha A. Pathak Jan 2009

Statutory Standing And The Tyranny Of Labels, Radha A. Pathak

Oklahoma Law Review

Constitutional and prudential standing doctrines have received an abundance of scholarly consideration. Statutory standing, in contrast, has remained largely unexplored. The Supreme Court’s use of the term is relatively consistent and unobjectionable, but the meaning that many lower courts ascribe to it is anything but innocuous. This article develops a conceptual framework for understanding the different ways in which different courts conceive of statutory standing. Using the Employee Retirement Income Security Act of 1974 (“ERISA”) as a paradigmatic example, it attempts to illustrate the pernicious effects that often result from common misconceptions of statutory standing in disputes involving purely private …


Some Thoughts On The Lawyer’S E-Volving Duties In Discovery, Steven S. Gensler Jan 2009

Some Thoughts On The Lawyer’S E-Volving Duties In Discovery, Steven S. Gensler

Faculty Articles

No abstract provided.


United States V. Hatahley: A Legal Archaeology Case Study In Law And Racial Conflict, Debora L. Threedy Jan 2009

United States V. Hatahley: A Legal Archaeology Case Study In Law And Racial Conflict, Debora L. Threedy

American Indian Law Review

This article is a case study of United States v. Hatahley using the methodology of "legal archaeology" to reconstruct the historical, social, and economic context of the litigation. In 1953, a group of individual Navajos brought suit under the Federal Tort Claims Act for the destruction of over one hundred horses and burros. The first section of the article presents two contrasting narratives for the case. The first relates what we know about the case from the reported opinions, while the second locates the litigated case within the larger social context by examining the parties, the history of incidents culminating …


Justness! Speed! Inexpense! An Introduction To The Revolution Of 1938 Revisited: The Role And Future Of The Federal Rules, Steven S. Gensler Jan 2008

Justness! Speed! Inexpense! An Introduction To The Revolution Of 1938 Revisited: The Role And Future Of The Federal Rules, Steven S. Gensler

Faculty Articles

No abstract provided.


The Revolution Of 1938 And Its Discontents, Rex R. Perschbacher, Deborah Bassett Jan 2008

The Revolution Of 1938 And Its Discontents, Rex R. Perschbacher, Deborah Bassett

Oklahoma Law Review

No abstract provided.


Not Dead Yet, Richard L. Marcus Jan 2008

Not Dead Yet, Richard L. Marcus

Oklahoma Law Review

No abstract provided.


Making Effective Rules: The Need For Procedure Theory, Robert G. Bone Jan 2008

Making Effective Rules: The Need For Procedure Theory, Robert G. Bone

Oklahoma Law Review

No abstract provided.


Justness! Speed! Inexpense! An Introduction To The Revolution Of 1938 Revisited: The Role And Future Of The Federal Rules, Steven S. Gensler Jan 2008

Justness! Speed! Inexpense! An Introduction To The Revolution Of 1938 Revisited: The Role And Future Of The Federal Rules, Steven S. Gensler

Oklahoma Law Review

No abstract provided.


The Case For Oral Argument In The Supreme Court Of Oklahoma, Andrew Coats, Joseph Thai Jan 2008

The Case For Oral Argument In The Supreme Court Of Oklahoma, Andrew Coats, Joseph Thai

Faculty Articles

No abstract provided.


Rescuing Rule 3(C) From The 800-Pound Gorilla: The Case For A Non-Nonsense Approach To Defective Notices Of Appeal, Philip A. Pucillo Jan 2006

Rescuing Rule 3(C) From The 800-Pound Gorilla: The Case For A Non-Nonsense Approach To Defective Notices Of Appeal, Philip A. Pucillo

Oklahoma Law Review

No abstract provided.


The Growth Of Cost-Shifting In Response To The Rising Cost And Importance Of Computerized Data In Litigation, Ross Chaffin Jan 2006

The Growth Of Cost-Shifting In Response To The Rising Cost And Importance Of Computerized Data In Litigation, Ross Chaffin

Oklahoma Law Review

No abstract provided.


Building Law, Not Libraries: The Value Of Unpublished Opinions And Their Effects On Precedent, Anika C. Stucky Jan 2006

Building Law, Not Libraries: The Value Of Unpublished Opinions And Their Effects On Precedent, Anika C. Stucky

Oklahoma Law Review

No abstract provided.


Protecting Individuals From "Double Jeopardy" In A Post-Hudson Era, Megan Wischmeier Shaner Jan 2005

Protecting Individuals From "Double Jeopardy" In A Post-Hudson Era, Megan Wischmeier Shaner

Faculty Articles

No abstract provided.


A Great Writ Reduced: Why The Tenth Circuit’S Interpretation Of Congressional Intent And Supreme Court Precedent Portends Defeat For State Prisoners Seeking Federal Habeas Corpus Relief, Elizabeth J. Barnett Jan 2005

A Great Writ Reduced: Why The Tenth Circuit’S Interpretation Of Congressional Intent And Supreme Court Precedent Portends Defeat For State Prisoners Seeking Federal Habeas Corpus Relief, Elizabeth J. Barnett

Oklahoma Law Review

No abstract provided.


A Device Designed To Manipulate Diversity Jurisdiction: Why Courts Should Refuse To Recognize Post-Removal Damage Stipulations, Benjamin T. Clark Jan 2005

A Device Designed To Manipulate Diversity Jurisdiction: Why Courts Should Refuse To Recognize Post-Removal Damage Stipulations, Benjamin T. Clark

Oklahoma Law Review

No abstract provided.


Recent Developments In Oklahoma Class Action Law, Jim T. Priest, Michael R. Pacewicz Jan 2004

Recent Developments In Oklahoma Class Action Law, Jim T. Priest, Michael R. Pacewicz

Oklahoma Law Review

No abstract provided.


Expert Witness Fees As A Recoverable Item Of Costs: Recent Litigation Trends, Paul M. Kolker Jan 2004

Expert Witness Fees As A Recoverable Item Of Costs: Recent Litigation Trends, Paul M. Kolker

Oklahoma Law Review

No abstract provided.


Civil Procedure: Medical Malpractice Gets Eerie: The Erie Implications Of A Heightened Pleading Burden In Oklahoma, Dace A. Caldwell Jan 2004

Civil Procedure: Medical Malpractice Gets Eerie: The Erie Implications Of A Heightened Pleading Burden In Oklahoma, Dace A. Caldwell

Oklahoma 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.


Civil Procedure: Time To Stand Back: Unnecessary Gate-Keeping To Oklahoma Courts, Stasha D. Mcbride Jan 2003

Civil Procedure: Time To Stand Back: Unnecessary Gate-Keeping To Oklahoma Courts, Stasha D. Mcbride

Oklahoma Law Review

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

Oklahoma Law Review

No abstract provided.


Compulsory Party Joinder And Tribal Sovereign Immunity: A Proposal To Modify Federal Courts' Application Of Rule 19 To Cases Involving Absent Tribes As "Necessary" Parties, Nicholas V. Merkley Jan 2003

Compulsory Party Joinder And Tribal Sovereign Immunity: A Proposal To Modify Federal Courts' Application Of Rule 19 To Cases Involving Absent Tribes As "Necessary" Parties, Nicholas V. Merkley

Oklahoma Law Review

No abstract provided.


Patent Law: Attorney-Client Privilege In Patent Litigation: Did The Federal Circuit Go Far Enough With In Re Spalding Sports Worldwide?, Matthew R. Rodgers Jan 2002

Patent Law: Attorney-Client Privilege In Patent Litigation: Did The Federal Circuit Go Far Enough With In Re Spalding Sports Worldwide?, Matthew R. Rodgers

Oklahoma Law Review

No abstract provided.


What Trial Judges Would Like To Say To Lawyers And What Lawyers Would Like To Say To Trial Judges (Panel One), Andrew Coats Jan 2001

What Trial Judges Would Like To Say To Lawyers And What Lawyers Would Like To Say To Trial Judges (Panel One), Andrew Coats

Faculty Articles

No abstract provided.