Open Access. Powered by Scholars. Published by Universities.®

Civil Procedure Commons™

Open Access. Powered by Scholars. Published by Universities.®

Yeshiva University, Cardozo School of Law

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 61 - 70 of 70

Full-Text Articles in Civil Procedure

Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon Oct 1996

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 Mar 1995

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 Jul 1990

Forms, Charles M. Yablon

Cardozo Law Review

No abstract provided.


Awarding Expert Witness Fees In Civil Rights Actions, Bebe Novich May 1990

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 Nov 1988

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 Feb 1988

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 Jan 1986

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 Jan 1985

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 Jan 1982

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 Jan 1980

The Standing Doctrine: A Dialogue Between The Court And Congress, Daan Braveman

Cardozo Law Review

No abstract provided.