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Civil Procedure Commons™

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1991

Discipline
Institution
Keyword
Publication
Publication Type

Articles 91 - 98 of 98

Full-Text Articles in Civil Procedure

Experts–Use And Abuse (Part I): Commentary, William W. Schwarzer Jan 1991

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 Jan 1991

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

Faculty Scholarship

No abstract provided.


Congress's Paramount Role In Setting The Scope Of Federal Jurisdiction, Michael L. Wells Jan 1991

Congress's Paramount Role In Setting The Scope Of Federal Jurisdiction, Michael L. Wells

Scholarly Works

Article III presents a conundrum for scholars seeking a coherent explanation of the federal courts' role in our system of government. On the one hand, the framers set up the judiciary as a separate branch with jurisdiction over federal law and other matters of federal interest. They granted federal judges life tenure and undiminishable salary in order to preserve judicial independence from executive and legislative pressure. It is evident from these provisions that the framers saw a need for a strong national judiciary. At the same time, article III explicitly leaves to Congress the decision whether to create any lower …


The Discovery Confidentiality Controversy, Richard L. Marcus Jan 1991

The Discovery Confidentiality Controversy, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Discovery Along The Litigation/Science Interface, Richard L. Marcus Jan 1991

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

Faculty Scholarship

No abstract provided.


Sounds Of Silence On The Civil Jury, Laura Dooley Jan 1991

Sounds Of Silence On The Civil Jury, Laura Dooley

Scholarly Works

Juries are hallowed institutions in our constitutional system. They are mentioned not once, but three times in the Bill of Rights, and had been earlier enshrined in Article III. At the heart of our exalted vision of the jury trial is the sense that juries should be reflective of the community which they are supposed to represent in the courtroom. Of course, many members of the relevant community have routinely been excluded from jury service, including women who comprise more than half of the population. Historically, the exclusion of women from civil jury service was a systematic and system-wide practice. …


Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Marjorie A. Silver Jan 1991

Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Marjorie A. Silver

Scholarly Works

Professor Silver advocates recognition of an inherent judicial power to send or authorize notice of pending litigation to potentially interested persons with unfiled claims. Recognizing such a judicial power is consistent with recent legal developments establishing a role for judges in expediting and managing federal litigation. Although the Federal Rules of Civil Procedure only explicitly provide for notice to potential parties in Rule 23 class action litigation, Professor Silver demonstrates that a more general judicial power to notify putative plaintiffs is consistent with the federal rules and the Constitution. She also shows that the first amendment values support a judicial …


Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael L. Wells Jan 1991

Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael L. Wells

Scholarly Works

No doubt some reform of the federal courts is essential if they are to cope with the proliferation of litigation over the past thirty years and the resulting "congestion, delay, expense, and expansion" in the federal courts. While the problem may not amount to an "impending crisis", the burgeoning caseload surely poses a threat, at least in the long run, to the ability of the federal courts to function effectively. The hard question is not whether something should be done, but what to do about it. There is no shortage of interesting ideas. Some of the ideas that clamor for …