Civil Procedure Commons^™

The Iron Law Of Full Faith And Credit, William L. Reynolds

Faculty Scholarship

No abstract provided.

The Straight-Line Method Of Determining Personal Jurisdiction, John M. Brumbaugh, William L. Reynolds

Faculty Scholarship

No abstract provided.

Repealing The Law Of Unintended Consequences? Comment On Walker (2), Thomas D. Rowe Jr.

Faculty Scholarship

Commentary on, Laurens Walker, Avoiding Surprise From Federal Civil Rule Making: The Role of Economic Analysis, 23 Journal of Legal Studies 569 (1994).

Pretrial Case Management Under The Amended Rules: Too Many Words For A Good Idea, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Discovery In The Real World, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

Understanding The Malpractice Wars, Thomas B. Metzloff

Faculty Scholarship

No abstract provided.

Gendering And Engendering Process, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Structuring Complexity, Disciplining Reality: The Challenge Of Teaching Civil Procedure In A Time Of Change, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

In Defense Of "Automatic Disclosure In Discovery", William W. Schwarzer

Faculty Scholarship

No abstract provided.

Summary Judgment After Eastman Kodak, William W. Schwarzer, Alan Hirsch

Faculty Scholarship

No abstract provided.

Of Babies And Bathwater: The Prospects For Procedural Progress, Richard L. Marcus

Faculty Scholarship

No abstract provided.

The Role Of Local Control In School Finance Reform, Richard Briffault

Faculty Scholarship

Local control is a puzzle, or rather, a series of related puzzles that has both structured and hindered the uncertain development of school finance reform. The first puzzle is really a paradox: courts and commentators generally assume that local control of education exists, that it is a basic organizational principle of American public elementary and secondary education, and a norm that must be taken into account when the existing school finance system is challenged. Yet for the law of local government generally, local control is the exception, not the rule. The ground rule of state-local relations is state control and …

Codification Of Supplemental Jurisdiction: Anatomy Of A Legislative Proposal, Arthur D. Wolf

Faculty Scholarship

The historic nature of congressional action in codifying supplemental jurisdiction in section 1367 calls for a close examination of the legislative process and product. Section I of this Article presents a brief survey of the development of supplemental jurisdiction. Section II examines the history of the legislative process that produced section 1367. Section III contains a preliminary review of judicial decisions under the new supplemental jurisdiction statute. The Article concludes with some editorial remarks regarding the statute and the process by which it became public law.

Experts–Use And Abuse (Part I): Commentary, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Slaying The Monsters Of Cost And Delay: Would Disclosure Be More Effective Than Discovery?, William W. Schwarzer

Faculty Scholarship

No abstract provided.

The Discovery Confidentiality Controversy, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Discovery Along The Litigation/Science Interface, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Has The Chancellor Shot Himself In The Foot? Looking For A Middle Ground On Rule 11 Sanctions, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.

The Impact Of Federal Rule 11 On Lawyers And Judges In The Northern District Of California, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.

The Federal Rules, The Adversary Process, And Discovery Reform, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Nationwide Personal Jurisdiction In All Federal Question Cases: A New Rule 4 Note, Howard M. Erichson

Faculty Scholarship

Every litigator who remembers first year civil procedure knows that the personal jurisdiction1 of federal courts is limited by state territorial boundaries. That limitation, however, may soon disappear in federal question cases. A new rule of civil procedure, currently under consideration by the federal rulemakers, would provide for nationwide service of process in all federal question cases. The proposed rule would profoundly affect forum selection in the federal courts. This Note argues in favor of the adoption of the new Rule 4's nationwide personal jurisdiction provision. Not only would the new Rule 4 be a legitimate exercise of authority, but …

Mistakes Lawyers Make In Discovery, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Consolidating The Preliminary Injunction Hearing And Trial: Changing The Rules In The Middle Of The Game, Arthur D. Wolf

Faculty Scholarship

In this Article the Author addresses the issues surrounding consolidation, the situation that arises when a court decides the merits of a dispute based solely on the record produced at a hearing on motion for a preliminary injunction. The Author identifies some of the more flagrant abuses that trial and appellate courts have committed in reaching the merits after only a hearing on a motion for preliminary relief. The proposed amendments discussed in the Article would serve both courts and parties. They would prevent the kind of abuses discussed in this article by requiring that the parties be informed of …

Completing Equity's Conquest? Reflections On The Future Of Trial Under The Federal Rules Of Civil Procedure, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Nationwide Service Of Process: Due Process Limitations On The Power Of The Sovereign, Robert A. Lusardi

Faculty Scholarship

There are a number of instances in which a federal court asserts personal jurisdiction by service of process beyond the territorial limits of the state in which it sits. The most common examples of these assertions of jurisdiction are the use of a state's long-arm statute and the "bulge" provision of the federal rules. But, in addition, there are a number of statutes by which Congress has authorized nationwide service of process in particular circumstances.

It is generally accepted that Congress may authorize expansion limits of the states in which it sits, including authorization of extraterritorial service of process. However, …

Rule 11 Revisited, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Public Law Litigation And Legal Scholarship, Richard L. Marcus

Faculty Scholarship

No abstract provided.

One Step Forward, Two Steps Back: Summary Judgment After Celotex, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.

Rethinking The Teaching Of Civil Procedure, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Personal Jurisdiction And The Stream Of Commerce, A. Kimberley Dayton

Faculty Scholarship

This article evaluates the stream of commerce theory of personaljurisdiction in light of existing precedent and the constitutionalimperative of due process. Part II briefly describes the factualbackground of Asahi and the various opinions rendered in the case.Part m outlines the development of jurisdictional doctrine since International Shoe, emphasizing the meaning of "purposeful availment" and its fluid role in the due process equation governing statecourt jurisdiction. Part IV then traces the evolution of the stream of commerce theory since International Shoe. Part V examines and rejects criticisms of the stream of commerce theory, and concludes that under any reasonabre interpretation of …