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Articles 91 - 120 of 259
Full-Text Articles in Civil Procedure
A Modest Reform For Federal Procedural Rulemaking, Carl W. Tobias
A Modest Reform For Federal Procedural Rulemaking, Carl W. Tobias
Law Faculty Publications
Following the adoption of the amendments to the Federal Rules of Civil Procedure relating to discovery in 2000, Prof. Tobias notes the lack of empirical research or other indication of how the new rules might work in practice preceding their enactment. He suggests that Congress should reconsider a reject 1983 amendment to F.R.C.P. 83 which would authorize courts to obtain Judicial Conference approval to test promising mechanisms for five years before adoption.
The 2000 Federal Civil Rules Revisions, Carl W. Tobias
The 2000 Federal Civil Rules Revisions, Carl W. Tobias
Law Faculty Publications
During April 2000, the United States Supreme Court prescribed a comparatively thorough set of amendments to the Federal Rules of Civil Procedure. These amendments took effect in December 2000. That development represented the culmination of a rule revision proceeding commenced in 1996 by the Judicial Conference of the United States Advisory Committee on Civil Rules (Advisory Committee). Because certain provisos that the Supreme Court included in the 2000 amendments are rather controversial and could alter significant features of modern federal civil litigation primarily involving discovery, these revisions deserve assessment. This Essay undertakes that effort by emphasizing changes in mandatory prediscovery, …
Congress And The 2000 Federal Civil Rules Amendments, Carl W. Tobias
Congress And The 2000 Federal Civil Rules Amendments, Carl W. Tobias
Law Faculty Publications
In April 2000, the United States Supreme Court promulgated, and Chief Justice William H. Rehnquist transmitted to the United States Congress, a comprehensive package of amendments to the Federal Rules of Civil Procedure. The Judicial Conference of the United States, the policymaking arm of the federal courts, had forwarded these proposals to the Supreme Court in September 1999, and the Justices transmitted the amendments to Congress without making any modifications. The new group of federal rules amendments warrants assessment for two reasons. First, a few provisions in the package of revisions are comparatively controversial and could significantly change important aspects …
Civil Justice Delay And Empirical Data: A Response To Professor Heise, Carl W. Tobias
Civil Justice Delay And Empirical Data: A Response To Professor Heise, Carl W. Tobias
Law Faculty Publications
One decade ago, Congress undertook an ambitious, controversial effort to reduce expense and delay in the federal civil justice system. The Civil Justice Reform Act ("CJRA") of 1990 instituted unprecedented nationwide experimentation by requiring that all ninety-four federal district courts scrutinize their civil and criminal dockets and then promulgate and apply numerous procedures which district judges believed would save cost and time in civil litigation. Congress also prescribed rigorous assessment of the six principles, guidelines, and techniques of litigation management and expense and delay reduction that federal districts in fact adopted and enforced. Lawmakers provided for an expert, independent evaluator …
A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr.
A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr.
Richmond Journal of Law & Technology
In a world divided by barriers of language and culture, the Internet is the nexus that connects the most rural outposts of technology to the global business centers. The Internet's most popular user interface, the World Wide Web, is an interwoven network of computers through which news and information can traverse international barriers in a matter of seconds. Using an Internet Service Provider ("ISP") and a personal computer, the average user can access the World Wide Web and enter the largest repository of public information on the planet. The boundaries are virtually limitless, and the general absence of content restrictions …
Fin-De-Siecle Federal Civil Procedure, Carl W. Tobias
Fin-De-Siecle Federal Civil Procedure, Carl W. Tobias
Law Faculty Publications
Professor Laurens Walker's The End of the New Deal and the Federal Rules of Civil Procedure, 82 Iowa L. Rev.1269 (1997) (New Deal's End), is a thought-provoking evaluation of the relationship between the New Deal's conclusion and modem civil process. Professor Walker canvasses a series of recent, puzzling changes which "present the most serious challenge to the procedural status quo since the adoption of the original Federal Rules in 1938." The author finds that the New Deal's demise and the rejection of that regime's reliance on experts, policies of centralized federal decisionmaking, and establishment of the national government …
Local Procedural Review In The Eighth Circuit, Carl W. Tobias
Local Procedural Review In The Eighth Circuit, Carl W. Tobias
Law Faculty Publications
The resolution of substantive disputes is the responsibility that legal scholars, additional federal court observers and the public most closely associate with the United States Courts of Appeals. It is important to remember, however, that circuit judicial councils in each of the courts also discharge significant duties. These obligations are principally administrative, although their comprehensive implementation can be critical to the effective operation of the appellate courts and to the federal district courts within the circuits' purview. The review of local district procedures for consistency and redundancy with the Federal Rules of Civil Procedure and Acts of Congress is one …
Annual Survey Of Virginia Law: Civil Practice And Procedure, John L. Marshall Jr.
Annual Survey Of Virginia Law: Civil Practice And Procedure, John L. Marshall Jr.
University of Richmond Law Review
This article focuses on some of the recent developments in civil litigation from June 1, 1998 to May 30, 1999, that have been effected by the Virginia General Assembly and the Supreme Court of Virginia. Each numbered discussion section is organized by topic in alphabetical order. This article highlights legislation of general interest to civil practitioners and does not purport to be all inclusive. This article does not address criminal procedure.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Discovery Reform Redux, Carl W. Tobias
Discovery Reform Redux, Carl W. Tobias
Law Faculty Publications
The recent resolve of the Advisory Committee on the Civil Rules to revisit reform of the discovery rules, which the Supreme Court revised as recently as 1993, is replete with ironies. In August, 1998, that Committee, which has primary responsibility for studying the Federal Rules of Civil Procedure and developing suggestions for their improvement, published proposals that would significantly revise the substantial 1993 revisions of the discovery rules. Ironies suffuse many specific aspects of the rule revision process and of the proposals to revise the 1993 revisions less than five years after their implementation. I emphasize the proposal to revise …
Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner
Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner
Richmond Journal of Law & Technology
Throughout American legal history the adequacy of traditional jurisprudence has been tested by technological developments. The creation and expanded use of the Internet is the latest of these advancements. There are, however, characteristics of the Internet that distinguish it from past technological breakthroughs. These features include the difficulty of defining the Internet in traditional terms, the plethora of the contacts taking place, and the speed at which the Internet is expanding.
Reforming Common Sense Legal Reforms, Carl W. Tobias
Reforming Common Sense Legal Reforms, Carl W. Tobias
Law Faculty Publications
The Contract With America figured prominently in the Republican Party's victories in the 1994 congressional races. During the opening days of the 104th Congress, therefore, approximately one hundred sponsors introduced the Common Sense Legal Refonns Act (CSLRA), which embodied several measures that comprised the Contract's ninth precept. The only constituent of this package of proposals which actually became law was the Private Securities Litigation Refonn Act (PSLRA). Both Houses of Congress did pass products liability reform bills but lacked the requisite votes to override President Bill Clinton's veto. The House of Representatives approved the Attorney Accountability Act (AAA), which would …
Nearing The End Of Federal Civil Justice Reform In Montana, Carl W. Tobias
Nearing The End Of Federal Civil Justice Reform In Montana, Carl W. Tobias
Law Faculty Publications
In continuing the series of essays which evaluate and document the phenomenon of federal civil justice reform, this essay initially affords an update on recent developments in civil justice reform at the national level and in the United States District Court for the District of Montana (Montana District). The essay emphasizes the conclusion of two major studies that analyze the national reform effort and the submission to Congress of reports and a recommendation, which were premised substantially on these studies, by the Judicial Conference of the United States. The essay also stresses the completion by the Ninth Circuit District Local …
Civil Justice Reform Sunset, Carl W. Tobias
Civil Justice Reform Sunset, Carl W. Tobias
Law Faculty Publications
This article uses the Civil Justice Reform Act of 1990 (CJRA) as the backdrop for addressing efforts to increase uniformity, simplicity, and transsubstantivity, and to decrease expense and delay in civil litigation. Professor Tobias discusses both the origin and the implementation of the CJRA. By requiring each federal district court to formulate a civil justice expense and delay reduction plan, the purpose of the CJRA is to decrease expense and delay in civil litigation. Professor Tobias argues that the CIRA has been successful because districts have applied techniques that have saved cost and time and have provided new data that …
Casting The Net: Another Confusing Analysis Of Personal Jurisdiction And Internet Contacts In Telco Communications V. An Apple A Day, Donnie L. Kidd Jr.
Casting The Net: Another Confusing Analysis Of Personal Jurisdiction And Internet Contacts In Telco Communications V. An Apple A Day, Donnie L. Kidd Jr.
University of Richmond Law Review
The fascination of the Internet and "cyberspace" is its sense of boundlessness. A user seemingly can go anywhere, be anyone, and do anything in a virtual world of information and interactivity. Actions on-line, however, often may have real world ramifications. The demarcation line between the physical and cyberspace "worlds" is not so pronounced that actions occurring in one have no effect in the other.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, Patrick M. Mayette
Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, Patrick M. Mayette
University of Richmond Law Review
This article reviews some of the recent developments and changes effected by the Supreme Court of Virginia and the Virginia General Assembly which affect and involve civil litigation. The scope of this paper does not extend to criminal procedure. This paper is not intended to be an all inclusive compilation, but rather a sampling of case law and legislative enactments of interest to the civil litigation attorney.
Did The Civil Justice Reform Act Of 1990 Actually Expire?, Carl W. Tobias
Did The Civil Justice Reform Act Of 1990 Actually Expire?, Carl W. Tobias
Law Faculty Publications
The Civil Justice Reform Act of 1990 (CJRA) was intended to reduce the expense and delay associated with federal district court litigation by requiring courts to study and adopt new procedures. The CJR.lrs gains, however, may be erased by the uncertainty surrounding its sunset provision. Professor Tobias argues that Congress or the Judicial Conference should resolve the uncertainty by proclaiming that the CJRA has expired, thus forcing districts to abrogate procedures inconsistent with the Federal Rules of Civil Procedure.
The Sources And Scope Of Federal Procedural Common Law: Some Reflections On Erie And Gasperini, Wendy Collins Perdue
The Sources And Scope Of Federal Procedural Common Law: Some Reflections On Erie And Gasperini, Wendy Collins Perdue
Law Faculty Publications
In this Essay I explore what traditional Erie cases would look like if we treated those cases just like classic federal common law cases. I conclude that such an approach is consistent with Erie itself and is also consistent with many of the holdings, if not the language, of traditional Erie cases. This unified approach to substantive and procedural federal common law might have some advantages. In addition to providing conceptual uniformity, this approach would offer an escape from current Erie doctrine, which is confused and unsatisfactory. Under the current doctrine, the Court appears to vacillate between the balancing test …
The Judicial Conference Report And The Conclusion Of Federal Civil Justice Reform, Carl W. Tobias
The Judicial Conference Report And The Conclusion Of Federal Civil Justice Reform, Carl W. Tobias
Law Faculty Publications
The Civil Justice Reform Act (CJRA) of 1990 instituted a nationwide experiment with procedures for decreasing expense and delay in federal civil litigation. Congress required all ninety-four federal district courts to adopt civil justice expense and delay reduction plans and to apply cost and delay reduction measures for at least four years.Congress correspondingly prescribed considerable evaluation of the experimentation which the federal districts undertook. The 1990 legislation mandated that each court annually assess the efficacy of the procedures which the district employed. Moreover, Congress required that an “independent organization with expertise in the area of Federal court management” conduct a …
Magistrate Judges In The Montana Federal District, Carl W. Tobias
Magistrate Judges In The Montana Federal District, Carl W. Tobias
Law Faculty Publications
Over the last three decades, growing caseloads and finite resources have fostered expansion of the jurisdiction, responsibilities, prestige and compensation of United States Magistrate Judges. Passage of the Civil Justice Reform Act (CJRA) of 1990, which required local experimentation with procedures for reducing expense and delay in civil litigation, propelled this development in many of the ninety-four federal districts across the country. The United States District Court for the District of Montana has quite strongly evidenced these phenomena. Perhaps most important, the CJRA expense and delay reduction plan that the district prescribed in 1991 included an opt-out procedure which it …
The Innocent Owner Defense To Civil Forfeiture Proceedings, Peter David Houtz
The Innocent Owner Defense To Civil Forfeiture Proceedings, Peter David Houtz
University of Richmond Law Review
The Constitution of the United States prohibits the deprivation of "life, liberty, or property, without due process of law." The Constitution also expressly states that private property may not be "taken" by the government without "just compensation." Seizures and forfeitures of personal and real property without notification or hearing and without compensation have, however, become a powerful tool used by the government to deter crime.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper
Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper
University of Richmond Law Review
Virginia courts and the General Assembly have effected several changes in civil practice and procedure during the past year. This article focuses on some significant developments and interests to the general litigation attorney.
Contemplating The End Of Federal Civil Justice Reform In Montana, Carl W. Tobias
Contemplating The End Of Federal Civil Justice Reform In Montana, Carl W. Tobias
Law Faculty Publications
In continuation of the series of essays analyzing and documenting federal civil justice reform, this essay first provides an update on developments in civil justice reform nationally and in the United States District Court of Montana (Montana District). The essay then stresses the continuing work of the Ninth Circuit District Local Rules Review Committee and additional issues relating to case assignments in the Montana District. Finally, the essay takes a glimpse into the future.
Some Realism About Federal Procedural Reform, Carl W. Tobias
Some Realism About Federal Procedural Reform, Carl W. Tobias
Law Faculty Publications
A New Confederacy? Disunionism in the Federal Courts is a thought-provoking tour de force about many ills that federal court observers believe plague the modem federal district courts. In Disunionism, Professor Paul Carrington paints a perceptive portrait of the troubling conditions that he asserts impede civil litigation in a number of districts, and he trenchantly criticizes district judges for their contributions to these circumstances while admonishing the Judicial Conference to sweep "our national courts clear of all local clutter."
The Federalism Pendulum, Ronald J. Bacigal
The Federalism Pendulum, Ronald J. Bacigal
Law Faculty Publications
Following Franklin's example, this essay takes a protracted view of the federalization of criminal procedure. It is important to review how the federalism pendulum has swung over the years to reflect concepts of what the Constitution was meant to mean, what it has come to mean, and what it ought to mean.
The Civil Justice Reform Act Amendment Act Of 1995, Carl W. Tobias, Margaret L. Sanner
The Civil Justice Reform Act Amendment Act Of 1995, Carl W. Tobias, Margaret L. Sanner
Law Faculty Publications
Four members of the Senate Judiciary Committee introduced the Civil Justice Reform Act Amendment Act of 1995 on February 23, 1995 as Congress was considering numerous aspects of the Contract With America, most relevantly the legal reforms in its ninth tenet. Senator Orrin Hatch (R-Utah), Chair of the Senate Judiciary Committee, Senator Charles Grassley (RIowa), Chair of the Subcommittee on Courts and Administrative Practice, Senator Joseph Biden (D-Del.), the ranking minority member of the Senate Judiciary Committee, and Senator Howell Heflin (D-Ala.), former Chair of the Courts and Administrative Practice Subcommittee, sponsored the legislation. Passage of the proposal by the …
Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper
Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper
University of Richmond Law Review
Virginia courts and the General Assembly have effected a number of changes in civil practice and procedure during the past year. This article focuses on some significant developments of interest to the general litigation attorney. Matters affecting real property and juvenile and domestic relations are treated elsewhere in this volume.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.