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Articles 31 - 60 of 93
Full-Text Articles in Civil Procedure
State Of Florida Division Of Administrative Hearings: Motion To Dismiss, Michael W. Woodward
State Of Florida Division Of Administrative Hearings: Motion To Dismiss, Michael W. Woodward
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
State Of Florida Division Of Administrative Hearings: Third Motion To Dismiss, T R. Hainline Jr, Marcia P. Parker
State Of Florida Division Of Administrative Hearings: Third Motion To Dismiss, T R. Hainline Jr, Marcia P. Parker
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
Attorney's Fees Under The Surface Mining Control And Reclamation Act Of 1977: A Primer, E. Ann Compton Keel
Attorney's Fees Under The Surface Mining Control And Reclamation Act Of 1977: A Primer, E. Ann Compton Keel
West Virginia Law Review
No abstract provided.
Testing The Selection Effect: A New Theoretical Framework With Empirical Tests, Theodore Eisenberg
Testing The Selection Effect: A New Theoretical Framework With Empirical Tests, Theodore Eisenberg
Cornell Law Faculty Publications
Recent law and economics scholarship has produced much theoretical and empirical work on how and why legal disputes are settled and litigated. One of the most significant developments in this literature, attributable to the work of William Baxter and the combined efforts of George Priest and Benjamin Klein, has been the formation of a theory about both the selection of disputes for trial and the rates of success that plaintiffs enjoy for those cases that are resolved at trial. The basic theory contains two components. The selection effect refers to the proposition that the selection of tried cases is not …
St. Johns River Water Management District Notice, Clare E. Gray
St. Johns River Water Management District Notice, Clare E. Gray
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
St. Johns River Water Management District: Motion To Consolidate, Clare E. Gray
St. Johns River Water Management District: Motion To Consolidate, Clare E. Gray
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
St. Johns River Water Management District: Notice Of Transcription, Clare E. Gray
St. Johns River Water Management District: Notice Of Transcription, Clare E. Gray
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
St. Johns River Water Management District: Order Dismissing Petition, Saundra H. Gray
St. Johns River Water Management District: Order Dismissing Petition, Saundra H. Gray
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
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.
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.
In Re Schildt, 90-Ca-119, 90-Ap-06 (Blkft. Tr. Ct. App., Apr. 3, 1990), Blackfeet Appellate Court
In Re Schildt, 90-Ca-119, 90-Ap-06 (Blkft. Tr. Ct. App., Apr. 3, 1990), Blackfeet Appellate Court
Court Decisions
The Blackfeet Tribal Court of Appeals remanded the case to the trial court for a full hearing because the appellant was not allowed to enter evidence or present witnesses substantiating his claims, in violation of his right to due process.
In Re Rules Of Civil Procedure, Rule 1.442 (Offer Of Judgment), 550 So. 2d 442 (Fla. 1989), Roseanna J. Lee
In Re Rules Of Civil Procedure, Rule 1.442 (Offer Of Judgment), 550 So. 2d 442 (Fla. 1989), Roseanna J. Lee
Florida State University Law Review
No abstract provided.
Florida's Partial Final Judgment Rule: Problems And Solutions, Kent R. Putnam
Florida's Partial Final Judgment Rule: Problems And Solutions, Kent R. Putnam
Florida State University Law Review
Florida's partial final judgment rule creates uncertainty for attorneys and their clients. The author of this Article proposes solutions ranging from changes in terminology to amendments to the rule.
An Un-Fortune-Ate Decision: The Aftermath Of The Supreme Court's Eradication Of The Relation-Back Doctrine, Lawrence A. Epter
An Un-Fortune-Ate Decision: The Aftermath Of The Supreme Court's Eradication Of The Relation-Back Doctrine, Lawrence A. Epter
Florida State University Law Review
In Schiavone v. Fortune, the United States Supreme Court held that the "period provided by law for commencing the action" language of the Federal Rule of Civil Procedure 15(c) includes the statutory limitation period, but not the time allowed for service of process. After demonstrating that this interpretation of Rule 15(c) is unreasonable, the author of this Article examines the various ways that federal courts have dealt with the decision. In light of the confusion and inequities which have resulted, the author suggests two ways of effecting a more just and sensible reading of Rule 15(c).
Virginia Manuscript Law Reports, William Hamilton Bryson
Virginia Manuscript Law Reports, William Hamilton Bryson
Law Faculty Publications
Case law, including published cases and cases that have never been published, is the basis of the common law. Professor Bryson discusses the use of manuscript law reports in Virginia during the eighteenth and nineteenth centuries.
Crossing The Line Between Rough Remedial Justice And Prohibited Punishment: Civil Penalty Violates The Double Jeopardy Clause—United States V. Halper, 109 S. Ct. 1892 (1989), Lynn C. Hall
Washington Law Review
Historically, the constitutional guarantee against double jeopardy has been triggered primarily in criminal prosecutions. It has not encompassed civil monetary penalties. In United States v. Halper, the Supreme Court expanded double jeopardy protection. The Court held that government imposition of a civil monetary penalty on a defendant who has been criminally convicted for the same offense is punishment to the extent that the penalty clearly exceeds compensation. The punitive portion of the civil penalty, according to the Court, is multiple punishment prohibited by the Double Jeopardy Clause. This Note examines Halper and its effect on legislatures, prosecutors, and courts. The …
Management And Storage Of Surface Waters Technical Staff Report, Bessent, Hammack, And Ruckman, Inc.
Management And Storage Of Surface Waters Technical Staff Report, Bessent, Hammack, And Ruckman, Inc.
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
Strandell V. Jackson County And G. Heileman Brewing Co. V. Joseph Oat Corp.: The Failure Of The Seventh Circuit Court Of Appeals To Narrow The Interpretation Of Rule 16 And Limit The Inherent Power Doctrine, Farol Parco
Brigham Young University Journal of Public Law
No abstract provided.
Ii. Civil & Criminal Procedure
Post-Trial Motions In Private Antitrust Actions: A Practitioner's Guide, John E. Rumel
Post-Trial Motions In Private Antitrust Actions: A Practitioner's Guide, John E. Rumel
Articles
No abstract provided.
Civil Procedure, Jack Joseph, Janice Duban
Civil Procedure, Jack Joseph, Janice Duban
Loyola University Chicago Law Journal
No abstract provided.
The Vagaries Of Rule 103(B), Robert G. Johnston, Iain D. Johnston
The Vagaries Of Rule 103(B), Robert G. Johnston, Iain D. Johnston
Loyola University Chicago Law Journal
No abstract provided.
Should Trial By Jury Be Eliminated In Complex Cases, Hugh H. Bownes
Should Trial By Jury Be Eliminated In Complex Cases, Hugh H. Bownes
RISK: Health, Safety & Environment (1990-2002)
One way in which the public participates in the management of Risk is as jurors. Here, the function of juries in civil litigation is discussed and the argument is made that problems with juries in complex cases may be solved by means short of eliminating juries altogether.
State Of Florida Division Of Administrative Hearings: Petitioner's First Interrogatories To St. Johns River Water Management District, Michael W. Woodward
State Of Florida Division Of Administrative Hearings: Petitioner's First Interrogatories To St. Johns River Water Management District, Michael W. Woodward
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
Observations On Recent Efforts To Deter Frivolous Papers In The Illinois Circuit Courts, Jeffrey A. Parness
Observations On Recent Efforts To Deter Frivolous Papers In The Illinois Circuit Courts, Jeffrey A. Parness
Loyola University Chicago Law Journal
No abstract provided.
Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki
Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki
Loyola University Chicago Law Journal
No abstract provided.
Civil Practice, Jay C. Carlisle
Civil Practice, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
During the Survey year the New York Court of Appeals upheld the constitutionality of the state toxic tort revivor statute and adopted the market share theory in DES cases. The court also gave the bar a Christmas present in Tewari v. Tsoutsouros3 and clarified important discovery issues .Two appellate courts held that the AIDS virus falls within New York Civil Practice Law and Rules ("CPLR") 214-c and issued important decisions in notice of claims cases.6Also, several trial courts actively applied new sanctions rules. Perhaps the most important developments during the Survey year were the bench and bar proposals relating to …
The Revolution In Preliminary Injunctions Against Patent Infringement, 24 J. Marshall L. Rev. 225 (1990), Thomas L. Creel, Donna M. Praiss
The Revolution In Preliminary Injunctions Against Patent Infringement, 24 J. Marshall L. Rev. 225 (1990), Thomas L. Creel, Donna M. Praiss
UIC Law Review
No abstract provided.
Edmonson V. Leesville Concrete Company, Inc.: Can The "No State Action" Shibboleth Legitimize The Racist Use Of Peremptory Challenges In Civil Actions, 23 J. Marshall L. Rev. 271 (1990), David Park
UIC Law Review
No abstract provided.
Juridical Chameleons In The "New Erie" Canal, Donald L. Doernberg
Juridical Chameleons In The "New Erie" Canal, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
The New Erie doctrine, however, has become a doctrine of convenience, inconsistently applied by conservative and liberal Justices alike. It is the antithesis of a “neutral principle” of constitutional adjudication. To use Justice Jackson's term, the federal laws are not the “juridical chameleons”--the Justices are. Part II of this Article discusses the old and the New Erie doctrines as articulated by the United States Supreme Court. Part III demonstrates the difficulty of limiting the New Erie doctrine to the single area of implied rights of action and shows how the broad brush with which the doctrine's proponents paint necessarily touches …