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Articles 61 - 90 of 229
Full-Text Articles in Civil Procedure
Plausibility Pleading, A. Benjamin Spencer
Plausibility Pleading, A. Benjamin Spencer
Scholarly Articles
Last Term, in Bell Atlantic Corp. v. Twombly, the U.S. Supreme Court dramatically reinterpreted Federal Rule of Civil Procedure 8(a) (2), which requires a "short and plain" statement of a plaintiffs claim. The Court was unabashed about this change of course: it explicitly abrogated a core element of its 1957 decision in Conley v. Gibson, which until recently was the bedrock case undergirding the idea that ours is a system of notice pleading in which detailed facts need not be pleaded. Departing from this principle, the Court in Twombly required the pleading of facts that demonstrate the plausibility of the …
Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer
Pleading Civil Rights Claims In The Post-Conley Era, A. Benjamin Spencer
Scholarly Articles
Much has been made of the Supreme Court's recent pronouncements on federal civil pleading standards during the latter half of the 2006-2007 Term. Specifically, what will be the fallout from the Court's decision in Bell Atlantic Corp. v. Twombly, a case that abrogated Conley v. Gibson's famous no set of facts formulation and supplanted it with a new plausibility pleading standard? This Article attempts to examine and distill the impact of Twombly on the pleading standards that lower federal courts are applying when scrutinizing civil rights claims. Two main approaches emerge: that of courts that choose to continue to apply …
Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant, John D. King
Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant, John D. King
Scholarly Articles
This Article explores the tension between autonomy and paternalism that characterizes the attorney-client relationship when a criminal defense attorney represents a mentally impaired client. Specifically, the Article analyzes the ethical frameworks that constrain the discretion of the attorney in this situation and proposes a new paradigm for ethical decisionmaking when an attorney represents a marginally competent client.
The criminal defense attorney is both a zealous advocate for her client and an officer of the legal system. In representing a marginally competent client, the initial ethical dilemma facing the attorney is whether she has an obligation to alert the court to …
Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer
Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer
Scholarly Articles
None available.
The Preservation Obligation: Regulating And Sanctioning Pre-Litigation Spoliation In Federal Court, A. Benjamin Spencer
The Preservation Obligation: Regulating And Sanctioning Pre-Litigation Spoliation In Federal Court, A. Benjamin Spencer
Scholarly Articles
The issue of discovery misconduct, specifically as it pertains to the pre-litigation duty to preserve and sanctions for spoliation, has garnered much attention in the wake of decisions by two prominent jurists whose voices carry great weight in this area. In Pension Committee of University of Montreal Pension Plan v. Bank of America Securities, Judge Shira Scheindlin - of the Zubulake e-discovery cases - penned a scholarly and thorough opinion setting forth her views regarding the triggering of the duty to preserve potentially relevant information pending litigation and the standards for determining the appropriate sanctions for various breaches of that …
Are Rules Just Meant To Be Broken? The One-Year Two-Step In Tedford V. Warner- Lambert Co., E. Kyle Mcnew
Are Rules Just Meant To Be Broken? The One-Year Two-Step In Tedford V. Warner- Lambert Co., E. Kyle Mcnew
Washington and Lee Law Review
No abstract provided.
The Expiration Of The Civil Justice Reform Act Of 1990, Carl Tobias
The Expiration Of The Civil Justice Reform Act Of 1990, Carl Tobias
Washington and Lee Law Review
No abstract provided.
Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland
Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland
Washington and Lee Law Review
No abstract provided.
Simplification- A Civil Procedure Perspective, Doug Rendleman
Simplification- A Civil Procedure Perspective, Doug Rendleman
Scholarly Articles
No abstract provided.
Preliminary Injunctions And The Status Quo, Thomas R. Lee
Preliminary Injunctions And The Status Quo, Thomas R. Lee
Washington and Lee Law Review
No abstract provided.
Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya
Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya
Washington and Lee Law Review
No abstract provided.
Suggestions For Circuit Court Review Of Local Procedures, Carl Tobias
Suggestions For Circuit Court Review Of Local Procedures, Carl Tobias
Washington and Lee Law Review
No abstract provided.
Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Scholarly Articles
Not available.
Erasing The Law: The Implications Of Settlements Conditioned Upon Vacatur Or Reversal Of Judgments, Michael W. Loudenslager
Erasing The Law: The Implications Of Settlements Conditioned Upon Vacatur Or Reversal Of Judgments, Michael W. Loudenslager
Washington and Lee Law Review
No abstract provided.
Specific Personal Jurisdiction And The "Arise From Or Relate To" Requirement ... What Does It Mean?, Mark M. Maloney
Specific Personal Jurisdiction And The "Arise From Or Relate To" Requirement ... What Does It Mean?, Mark M. Maloney
Washington and Lee Law Review
No abstract provided.
For The Civil Practitioner: Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992: Vii - Federal Civil Procedure, Joan M. Shaughnessy
For The Civil Practitioner: Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992: Vii - Federal Civil Procedure, Joan M. Shaughnessy
Scholarly Articles
Review of Fourth Circuit Opinions in Civil Cases.
Civil Justice Reform In The Fourth Circuit, Carl Tobias
Civil Justice Reform In The Fourth Circuit, Carl Tobias
Washington and Lee Law Review
No abstract provided.
Case Comments I. Federal Civil Procedure Watson V. Lowcountry Red Cross
Case Comments I. Federal Civil Procedure Watson V. Lowcountry Red Cross
Washington and Lee Law Review
No abstract provided.
Case Comments N. Limitation Of Actions Shofer V. Hack Co.
Case Comments N. Limitation Of Actions Shofer V. Hack Co.
Washington and Lee Law Review
No abstract provided.
For The Civil Practitioner Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992
Washington and Lee Law Review
No abstract provided.
The Transformation Of Trans-Substantivity, Carl Tobias
The Transformation Of Trans-Substantivity, Carl Tobias
Washington and Lee Law Review
No abstract provided.
Case Comments: Civil And Criminal Procedure And Sentencing
Case Comments: Civil And Criminal Procedure And Sentencing
Washington and Lee Law Review
No abstract provided.
Application Of Rule 11 In The Fourth Circuit
Application Of Rule 11 In The Fourth Circuit
Washington and Lee Law Review
No abstract provided.
Ii. Civil And Crimnal Procedure
Ii. Civil & Criminal Procedure
Campbell V. Greer: Impeaching Witnesses With Prior Conviction Evidence In A Civil Trial
Campbell V. Greer: Impeaching Witnesses With Prior Conviction Evidence In A Civil Trial
Washington and Lee Law Review
No abstract provided.
Achille Lauro Missed The Boat: The Second Circuit's Refusal In Chasser V. Achille Lauro Lines To Hear Defendant's Interlocutory Appeal Under Collateral Order Exception
Washington and Lee Law Review
No abstract provided.
The Continuing Questions Regarding Citizen Suits Under The Clean Water Act: Gwaltney Of Smithfield, Ltd. V. Chesapeake Bay Foundation
Washington and Lee Law Review
No abstract provided.
Intervention In The Public Interest Under Rule 24(A)(2) Of The Federal Rules Of Civil Procedure
Intervention In The Public Interest Under Rule 24(A)(2) Of The Federal Rules Of Civil Procedure
Washington and Lee Law Review
No abstract provided.
Ex Parte Interviews With Enterprise Employees: A Post-Upjohn Analysis, Louis A. Stahl
Ex Parte Interviews With Enterprise Employees: A Post-Upjohn Analysis, Louis A. Stahl
Washington and Lee Law Review
No abstract provided.