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Articles 31 - 60 of 79
Full-Text Articles in Civil Procedure
A Misapplication Of Daubert: Compton V. Subaru Of America Opens The Gate For Unreliable And Irrelevant Expert Testimony, Jonathan R. Schofield
A Misapplication Of Daubert: Compton V. Subaru Of America Opens The Gate For Unreliable And Irrelevant Expert Testimony, Jonathan R. Schofield
BYU Law Review
No abstract provided.
Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook
Extending The Due Process Clause To Prevent A Previously Recused Judge From Later Attempting To Affect The Case From Which He Was Recused, S. Matthew Cook
BYU Law Review
No abstract provided.
Pleading And Proof: The Economics Of Legal Burdens, Thomas R. Lee
Pleading And Proof: The Economics Of Legal Burdens, Thomas R. Lee
BYU Law Review
Courts have traditionally assigned burdens of pleading and burdens of proof by mechanically applying any of a number of meaningless "tests." Conventional doctrine assigns these burdens to the party to whose case the issue in question is "essential," or to the party who must establish the "affirmative proposition." Neither of these tests provides a coherent methodology for making such allocations. The first is circular-an issue is "essential" by virtue of the fact that the party has been assigned the burden. The latter is unworkable; it depends on accidents of syntax and may be easily manipulated. This Article attempts to fill …
Putting The Halper Genie Back In The Bottle: Examining United States U. Ursery In Light Of Halper, Austin, And Kurth Ranch, Sarah Jean Watterson
Putting The Halper Genie Back In The Bottle: Examining United States U. Ursery In Light Of Halper, Austin, And Kurth Ranch, Sarah Jean Watterson
BYU Law Review
No abstract provided.
How Modern Treatment Of 35 U.S.C. § 112(6) Has Caused Confusion: Hilton Davis V. Warner-Jenkinson And The Right To A Jury On The Issue Of Patent Infringement Under The "Equitable" Doctrine Of Equivalents, David R. Todd
BYU Law Review
No abstract provided.
Confronting The Consolidation Conundrum, Richard L. Marcus
Confronting The Consolidation Conundrum, Richard L. Marcus
BYU Law Review
No abstract provided.
The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn
BYU Law Review
No abstract provided.
Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii
Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii
BYU Law Review
No abstract provided.
Antisuit Injunction And Notice Of Intervention And Preclusion: Complementary Devices To Prevent Duplicative Litigation, Edward F. Sherman
Antisuit Injunction And Notice Of Intervention And Preclusion: Complementary Devices To Prevent Duplicative Litigation, Edward F. Sherman
BYU Law Review
No abstract provided.
The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark
The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark
BYU Law Review
No abstract provided.
Antisuit Injunctions Under The Complex Litigation Proposal: Harmonizing The Sirens' Song Of Efficiency And Fairness With The Hymn Of Judicial Federalism And Comity, Paul W. Werner
BYU Law Review
No abstract provided.
Selected Provisions Of The Ali Complex Litigation Proposal: Statutory Recommendations & Reporter's Study
BYU Law Review
No abstract provided.
Statutory Post-Judgment Interest: The Effect Of Legislative Changes After Judgment And Suggestions For Construction, Brian P. Miller
Statutory Post-Judgment Interest: The Effect Of Legislative Changes After Judgment And Suggestions For Construction, Brian P. Miller
BYU Law Review
No abstract provided.
Prosecutorial Immunity: Imbler, Burns, And Now Buckley U. Fitzsimmons-The Supreme Court's Attempt To Provide Guidance In A Difficult Area, Jeffery J. Mckenna
Prosecutorial Immunity: Imbler, Burns, And Now Buckley U. Fitzsimmons-The Supreme Court's Attempt To Provide Guidance In A Difficult Area, Jeffery J. Mckenna
BYU Law Review
No abstract provided.
A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried
A New Antidote For An Opponent's Pretrial Discovery Misconduct: Treating The Misconduct At Trial As An Admission By Conduct Of The Weakness Of The Opponent's Case, Edward J. Imwinkelried
BYU Law Review
No abstract provided.
Fines Under New Federal Civil Rule 11: The New Monetary Sanctions For The "Stop-And-Think-Again" Rule, Jeffrey A. Parness
Fines Under New Federal Civil Rule 11: The New Monetary Sanctions For The "Stop-And-Think-Again" Rule, Jeffrey A. Parness
BYU Law Review
No abstract provided.
Tightening Judicial Standards For Granting Foreign Discovery Requests, Ryan J. Earl
Tightening Judicial Standards For Granting Foreign Discovery Requests, Ryan J. Earl
BYU Law Review
No abstract provided.
Interpreting Statutes Faithfully-Not Dynamically, Craig W. Dallon
Interpreting Statutes Faithfully-Not Dynamically, Craig W. Dallon
BYU Law Review
No abstract provided.
Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman
Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman
BYU Law Review
No abstract provided.
Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow
Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow
BYU Law Review
No abstract provided.
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Barker Brandt
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Barker Brandt
BYU Law Review
No abstract provided.
Appellate Review Of Rule 11 Issues-De Novo Or Abuse Of Discretion? Thomas V. Capital Security Services, Inc., D. Lee Decker
Appellate Review Of Rule 11 Issues-De Novo Or Abuse Of Discretion? Thomas V. Capital Security Services, Inc., D. Lee Decker
BYU Law Review
No abstract provided.
Konizeski And The Warner Amendment: Back To Ground Zero For Atomic Litigants, A Constandina Titus, Michael W. Bowers False
Konizeski And The Warner Amendment: Back To Ground Zero For Atomic Litigants, A Constandina Titus, Michael W. Bowers False
BYU Law Review
No abstract provided.
Subject Matter Jurisdiction As A New Issue On Appeal: Reining In An Unruly Horse, Robert J. Martineau
Subject Matter Jurisdiction As A New Issue On Appeal: Reining In An Unruly Horse, Robert J. Martineau
BYU Law Review
No abstract provided.
Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner
Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner
BYU Law Review
No abstract provided.
In Re United States Catholic Conference: Considering Non-Party Rights, David P. Brooks
In Re United States Catholic Conference: Considering Non-Party Rights, David P. Brooks
BYU Law Review
No abstract provided.
Jury Instructions For Civil And Criminal Rico Cases Approved By: Rico Cases Committee, Criminal Justice Section Of The American Bar Association
BYU Law Review
No abstract provided.
Opinion Work Product, Expert Witness Discovery, And The Interaction Of Rules 26{B)(3) And 26(B)(4)(A): Bogosian V, Gulf Oil Corporation, Carlisle G. Packard
Opinion Work Product, Expert Witness Discovery, And The Interaction Of Rules 26{B)(3) And 26(B)(4)(A): Bogosian V, Gulf Oil Corporation, Carlisle G. Packard
BYU Law Review
No abstract provided.
Multiple Claims Under Rule 54(B): A Time For Reexamination?, Craig E. Stewart
Multiple Claims Under Rule 54(B): A Time For Reexamination?, Craig E. Stewart
BYU Law Review
No abstract provided.
Muddying The Unclear Waters Of Standing: Allen V. Wright, Larry S. Jenkins
Muddying The Unclear Waters Of Standing: Allen V. Wright, Larry S. Jenkins
BYU Law Review
No abstract provided.