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Articles 61 - 70 of 70
Full-Text Articles in Civil Procedure
Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon
Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon
Articles
The article critiques the prevalent approaches to addressing discovery abuse in legal proceedings, arguing that traditional methods focusing on moralizing about civility are ineffective. Instead, it proposes a more direct approach, inspired by parental discipline, where judges should firmly tell lawyers to cease abusive behavior. The author draws on Aristotle's concept of "akrasia" (moral weakness) to explain why lawyers often engage in counterproductive tactics, suggesting that emotional impulses and the pressure to win drive such actions. The article advocates for innovative solutions to deter discovery abuse, emphasizing the need to make such behavior less enjoyable through targeted sanctions and increased …
A Rejoinder, Jonathan R. Macey
A Rejoinder, Jonathan R. Macey
Cardozo Law Review
In a rare moment of self-restraint, I resolved not to bother to write a comment to David Ratner's spirited but unconvincing reply to my earlier article in the Cardozo Law Review. Since Ratner's response contained no defense whatsoever of the work of the Securities and Exchange Commission ("SEC"), no criticism whatsoever of my general theory of agency obsolescence, and no theory of its own to defend the SEC, it seemed to me at first that the best course of action was to allow Ratner's reply to serve as its own refutation.
Forms, Charles M. Yablon
Awarding Expert Witness Fees In Civil Rights Actions, Bebe Novich
Awarding Expert Witness Fees In Civil Rights Actions, Bebe Novich
Cardozo Law Review
No abstract provided.
Excepting Civil Rico Claims From Rule 9(B), Chavie N. Kahn
Excepting Civil Rico Claims From Rule 9(B), Chavie N. Kahn
Cardozo Law Review
No abstract provided.
Monetary Sanctions Against Attorneys For Discovery Abuse In Federal Court: When Can They Be Appealed, Nancy E. Berman
Monetary Sanctions Against Attorneys For Discovery Abuse In Federal Court: When Can They Be Appealed, Nancy E. Berman
Cardozo Law Review
No abstract provided.
Federal Rule Of Civil Procedure 68: "Settling" The Differences In The Proposed Amendments To The Offer Of Settlement Rule, Nelson Perel
Federal Rule Of Civil Procedure 68: "Settling" The Differences In The Proposed Amendments To The Offer Of Settlement Rule, Nelson Perel
Cardozo Law Review
No abstract provided.
The Relation Back Of Claims Against Third-Party Defendants, Howard K. Fishman
The Relation Back Of Claims Against Third-Party Defendants, Howard K. Fishman
Cardozo Law Review
No abstract provided.
Richard Neeley: How Courts Govern America, Donald P. Lay
Richard Neeley: How Courts Govern America, Donald P. Lay
Cardozo Law Review
No abstract provided.
The Standing Doctrine: A Dialogue Between The Court And Congress, Daan Braveman
The Standing Doctrine: A Dialogue Between The Court And Congress, Daan Braveman
Cardozo Law Review
No abstract provided.