Civil Procedure Commons^™

For The Civil Practitioner Review Of Fourth Circuit Opinions In Civil Cases Decided November 1, 1991 Through December 31, 1992

Washington and Lee Law Review

No abstract provided.

Grass Roots Procedure: Local Advisory Groups And The Civil Justice Reform Act Of 1990, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper

University of Richmond Law Review

Virginia courts and the General Assembly have effected a number of changes in civil practice and procedure during the past year. This article focuses on some significant developments of interest to the general litigation attorney. Matters affecting real property, juveniles, and construction laws are treated elsewhere in this volume.

Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil

University of Richmond Law Review

The idea of the last-minute reprieve granted by a distant, unknowable dispenser of mercy to a man condemned to death has a powerful hold on our imaginations. Fyodor Dostoevsky's eleventh hour pardon by the czar in many ways shaped his literary career. The scene of the haunted Death Row prisoner who awaits word from the governor as a ticking clock punctuates his final hours is a stock vignette of Hollywood crime films. Anyone who has ever seized on the slimmest hope, whose fate has been committed to the hands of another - virtually all of us - can identify with …

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

Faculty Scholarship

No abstract provided.

Products Liability Cases On Appeal: An Empirical Study, Theodore Eisenberg, James A. Henderson Jr.

Cornell Law Faculty Publications

This article analyzes 1,100 opinions to find the determinants of products liability cases on appeal in state and federal courts. The strongest predictor of plaintiff success on appeal is whether the plaintiff prevailed in a jury trial. Other important factors are the defendant's status as manufacturer, wholesaler, or successor corporation; the plaintiffs degree of injury; and whether the case involved a failure-to-warn claim. The existence of a comparative negligence regime increases the tendency of appellate courts to affirm lower courts. These results allow rejection of a simple model in which pre- and posttrial settlement behavior filters out cases in which …

Fifty Years Of Bernhard V. Bank Of America Is Enough: Collateral Estoppel Should Require Mutuality But Res Judicata Should Not, Michael J. Waggoner

Publications

No abstract provided.

New Rule 50 May End Directed Verdicts For Plaintiffs, Michael J. Waggoner

Publications

No abstract provided.

Specifying Grounds For Judicial Disqualification In Federal Courts., Leslie W. Abramson

Faculty and Staff Scholarship

One essential component of equal justice under the law is a neutral and detached judge to preside over the court proceedings. Public confidence in the legal system is maintained when a judge has no interest in the parties, attorneys or subject matter of the litigation. Sua sponte or by motion of a party, a federal judge is subject to disqualification for conflicts of interest on both constitutional and statutory grounds

Opt-Outs At The Outlaw Inn: A Report From Montana, Carl W. Tobias

Law Faculty Publications

Report of Prof. Tobias' CLE presentation at the Montana State Bar Association's annual meeting, highlighting the 1993 revisions to the Federal Rules of Civil Procedure and the Civil Justice Reform Act.

Executive Branch Civil Justice Reform, Carl W. Tobias

Law Faculty Publications

The authors of several papers in this Symposium have justifiably criticized the essay that former Vice President Dan Quayle published in Volume 41 of The American University Law Review. Many knowledgeable observers of the civil justice system have leveled equally legitimate criticism at civil justice reform initiatives that the Bush administration instituted. Questionable data, arguable policy, or overheated political rhetoric supported certain aspects of the Vice President's paper, as well as most of the proposals developed by the Competitiveness Council that the Vice President chaired and numerous efforts of the Republican administration in the area of civil justice reform.

One …

The Clinton Administration And Civil Justice Reform, Carl W. Tobias

Law Faculty Publications

Governor Bill Clinton was inaugurated as the President of the United States last month. The federal courts are one area of critical significance to the nation in which the Chief Executive can play a major role in important substantive and procedural policymaking. Moreover, President Clinton, as a former law professor and Arkansas Attorney General, may be particularly interested in issues involving the federal courts.

The Clinton Administration will have to address numerous issues that implicate the federal courts throughout its tenure, but especially during the first year in office. Some of these questions, such as the abolition of diversity jurisdiction, …

Finding The New Federal Civil Procedures, Carl W. Tobias

Law Faculty Publications

This issue includes a notice informing subscribers that Congress took no action on the package of amendments to the Federal Rules of Civil Procedure which the Supreme Court transmitted on April 22, 1993 and that those amendments became effective on December 1, 1993. Readers might assume that the amendments which are reprinted in Volume 146 of Federal Rules Decisions now have nationwide applicability. This assumption is correct for most of the amendments, such as the significant revisions in Rule 4 governing service and in Rule 11 covering sanctions.

The assumption is not true, however, for some of the amendments, several …

The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan

Touro Law Review

No abstract provided.

Supreme Court Jurisdiction

Touro Law Review

No abstract provided.

Settling In New York: Abdicating Traditional Agency Principles In The Context Of Settlement Disputes, Dean C. Harvey

Touro Law Review

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.

Understanding The Malpractice Wars, Thomas B. Metzloff

Faculty Scholarship

No abstract provided.