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Articles 121 - 150 of 156
Full-Text Articles in Civil Procedure
The Supreme Court's Backwards Proportionaility Jurisprudence: Comparing Judicial Review Of Excessive Criminal Punishments And Excessive Punitive Damages Award, Adam M. Gershowitz
The Supreme Court's Backwards Proportionaility Jurisprudence: Comparing Judicial Review Of Excessive Criminal Punishments And Excessive Punitive Damages Award, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Focus On Business And Complex Litigation Courts, Paula Hannaford-Agor, David Rottman, Roxana Gonzalez
Focus On Business And Complex Litigation Courts, Paula Hannaford-Agor, David Rottman, Roxana Gonzalez
Popular Media
On November 16, 1999, the National Center for State Courts convened a Justice Roundtable at which representatives from the Delaware, New York, and California business and complex litigation courts described their respective procedures to an audience of judicial, corporate and bar leaders. The Justice Roundtable is an annual joint meeting of the National Center's Board of Directors and Lawyers and Corporate Counsel Committees dedicated to a current issue in the administration of justice. The purpose of this Roundtable was to discuss innovative methods and successful approaches for managing business and complex litigation, and to identify the principle issues and problems. …
Deciding To Decide: Class Action Certification And Interlocutory Review By The United States Courts Of Appeals Under Rule 23(F), Michael E. Solimine, Christine Oliver Hines
Deciding To Decide: Class Action Certification And Interlocutory Review By The United States Courts Of Appeals Under Rule 23(F), Michael E. Solimine, Christine Oliver Hines
William & Mary Law Review
No abstract provided.
Utilizing Statistics And Bellwether Trials In Mass Torts: What Do The Constitution And Federal Rules Of Civil Procedure Permit?, R. Joseph Barton
Utilizing Statistics And Bellwether Trials In Mass Torts: What Do The Constitution And Federal Rules Of Civil Procedure Permit?, R. Joseph Barton
William & Mary Bill of Rights Journal
Traditional judicial mechanisms that preserve litigants' rights to due process and a jury trial challenge courts to provide litigants their day in court in an efficient and timely manner. This challenge is made exponentially harder where the litigation concerns tortious conduct affecting a large number of persons and giving rise to latent injury. In response to the recent increase in mass tort filings, courts have sought an alternative means of adjudication-the extrapolation of a statistically average, representative plaintiff to other plaintiffs. This Note examines the problems associated with mass tort actions and how two circuit courts of appeals have implemented …
Arbitration And Reform In Private Securities Litigation: Dealing With The Meritorious As Well As The Frivolous, Steven A. Ramirez
Arbitration And Reform In Private Securities Litigation: Dealing With The Meritorious As Well As The Frivolous, Steven A. Ramirez
William & Mary Law Review
No abstract provided.
Creating The 'Portable' Guardianship: Legal And Practical Implications Of Probate Court Cooperation In Interstate Guardianship Cases, Charlene D. Daniel, Paula Hannaford-Agor
Creating The 'Portable' Guardianship: Legal And Practical Implications Of Probate Court Cooperation In Interstate Guardianship Cases, Charlene D. Daniel, Paula Hannaford-Agor
Faculty Publications
In this article, we discuss the legal and practical issues associated with interstate guardianships--that is, those guardianships in which the ward has ties to more than one state. Part I addresses these issues in the context of jurisdictional questions, securing necessary information, judicial monitoring and enforcement of guardianship orders, and property management. Part II proposes some modest solutions to these problems, many borrowed from other areas of law (e.g., child support enforcement, child custody determinations, enforcement of civil protection orders, involuntary civil commitment).
This abstract has been taken from the authors' introduction.
The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman
The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman
Faculty Publications
In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of a field experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawbacks of juror discussions. The data revealed that the majority …
The Current State Of The Peremptory Challenge, Coburn R. Beck
The Current State Of The Peremptory Challenge, Coburn R. Beck
William & Mary Law Review
No abstract provided.
How Judges View Civil Juries, Paula Hannaford-Agor, B. Michael Dann, G. Thomas Munsterman
How Judges View Civil Juries, Paula Hannaford-Agor, B. Michael Dann, G. Thomas Munsterman
Faculty Publications
In any given case, the judge's view of the jury may manifest itself as a complex and subtle mixture of respect, gratitude, concern, pride, impatience, and even frustration. But more revealing than what judges say about juries is what judges do to prepare jurors for their roles in civil cases. This paper explores the various indicators of judges' views of the civil jury, including the social and institutional factors and contemporary jury reform efforts that affect judges' views about the civil jury.
This abstract has been taken from the authors' introduction.
Civil Commitment And The "Great Confinement" Revisited: Straightjacketing Individual Rights, Stifling Culture, William Hoffman Pincus
Civil Commitment And The "Great Confinement" Revisited: Straightjacketing Individual Rights, Stifling Culture, William Hoffman Pincus
William & Mary Law Review
No abstract provided.
Presumed Frivolous: Application Of Stringent Pleading Requirements In Civil Rights Litigation, Douglas A. Blaze
Presumed Frivolous: Application Of Stringent Pleading Requirements In Civil Rights Litigation, Douglas A. Blaze
William & Mary Law Review
No abstract provided.
Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese
Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese
Faculty Publications
No abstract provided.
The Right To Appointed Counsel For Indigent Civil Litigants: The Demands Of Due Process, William L. Dick Jr.
The Right To Appointed Counsel For Indigent Civil Litigants: The Demands Of Due Process, William L. Dick Jr.
William & Mary Law Review
No abstract provided.
The Modern Status Of The Rules Permitting A Judge To Punish Direct Contempt Summarily, Teresa S. Hanger
The Modern Status Of The Rules Permitting A Judge To Punish Direct Contempt Summarily, Teresa S. Hanger
William & Mary Law Review
No abstract provided.
Chapters Of The Civil Jury, Doug R. Rendleman
Chapters Of The Civil Jury, Doug R. Rendleman
Faculty Publications
The civil jury, though constitutionally protected by the seventh amendment, has remained a controversial institution throughout much of Anglo-American legal history. Our romantic ideals are questioned by critics who view the civil jury as prejudiced and unpredictable; proponents note the sense of fairness and "earthy wisdom" gained by community participation in the legal process. This debate surfaces in the process of accommodation between certain substantive goals of the law and the pre-verdict and post-verdict procedural devices courts have employed to control the jury. In this article, Professor Rendleman examines this conflict in his three "chapters" involving racially motivated discharges of …
Restricted Venue In Suits Against National Banks: A Procedural Anachronism
Restricted Venue In Suits Against National Banks: A Procedural Anachronism
William & Mary Law Review
No abstract provided.
Practice And Pleading (15th Annual Survey Of Virginia Law), W. Taylor Reveley Iii
Practice And Pleading (15th Annual Survey Of Virginia Law), W. Taylor Reveley Iii
Faculty Publications
After quickly outlining recent, legislation in the field of practice and pleading, this Article proceeds to a more detailed treatment of pertinent judicial developments. Several of the Supreme Court of Appeals' decisions merit close attention, principally Rakes v. Fulcher and Sullivan v. Little Hunting' Park, Inc. Recurrent in the discussion of the judicial opinions is concern not only with the announced law, but also with the manner of the announcement-concern, that is, with both the legal results and the legal craftsmanship. Organizationally, an attempt has been made to discuss the judicial material at the time of its "moment of truth" …
Book Review Of The Biography Of A Legal Dispute, Charles E. Torcia
Book Review Of The Biography Of A Legal Dispute, Charles E. Torcia
William & Mary Law Review
No abstract provided.
Federal Procedure (1959-1967), Dudley Warner Woodbridge
Federal Procedure (1959-1967), Dudley Warner Woodbridge
Virginia Bar Notes
No abstract provided.
Federal Procedure - Standing Of Class Representing Organizations - Smith V. The Bd. Of Educ., 365 F.2d 770 (8th Cir. 1966), Robert Wick
William & Mary Law Review
No abstract provided.
Federal Procedure - Diversity Jurisdiction - Unincorporated Labor Unions. United Steelworkers Of America V. Bouligny, 86 S. Ct. 272 (1965), David K. Sutelan
Federal Procedure - Diversity Jurisdiction - Unincorporated Labor Unions. United Steelworkers Of America V. Bouligny, 86 S. Ct. 272 (1965), David K. Sutelan
William & Mary Law Review
No abstract provided.
The Motion To Strike Out The Evidence In Virginia, J. Brendel
The Motion To Strike Out The Evidence In Virginia, J. Brendel
William & Mary Law Review
No abstract provided.
Book Review Of Civil Practice In Municipla And Country Courts, Shannon T. Mason Jr.
Book Review Of Civil Practice In Municipla And Country Courts, Shannon T. Mason Jr.
William & Mary Law Review
No abstract provided.
Summary Judgment In Virginia, Thomas D. Terry
Summary Judgment In Virginia, Thomas D. Terry
William & Mary Law Review
No abstract provided.
Book Review Of Handbook Of The Virginia Rules Of Procedure In Actions At Law, Thomas D. Terry
Book Review Of Handbook Of The Virginia Rules Of Procedure In Actions At Law, Thomas D. Terry
William & Mary Law Review
No abstract provided.
Some Problems Of Removal And Appeal From Courts Not Of Record In Virginia, Harmon D. Maxson
Some Problems Of Removal And Appeal From Courts Not Of Record In Virginia, Harmon D. Maxson
William & Mary Law Review
No abstract provided.
Rule 3:21, John E. Messick
Procedure, Section I - The Pleading Stage (Survey Of Virginia Case Law - 1955), Montgomery Knight Jr.
Procedure, Section I - The Pleading Stage (Survey Of Virginia Case Law - 1955), Montgomery Knight Jr.
William and Mary Review of Virginia Law
No abstract provided.
Procedure, Section Ii - Issue For Jury (Survey Of Virginia Case Law - 1955), James A. Leftwich
Procedure, Section Ii - Issue For Jury (Survey Of Virginia Case Law - 1955), James A. Leftwich
William and Mary Review of Virginia Law
No abstract provided.
Procedure, Section Iii - Objections, Right To Appeal (Survey Of Virginia Case Law - 1955), James P. Mcgeein
Procedure, Section Iii - Objections, Right To Appeal (Survey Of Virginia Case Law - 1955), James P. Mcgeein
William and Mary Review of Virginia Law
No abstract provided.