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Articles 31 - 60 of 75
Full-Text Articles in Civil Procedure
The Forgotten Proviso Of § 1367(B) (And Why We Forgot), Peter Raven-Hansen
The Forgotten Proviso Of § 1367(B) (And Why We Forgot), Peter Raven-Hansen
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Supplemental Jurisdiction: A Confession, An Avoidance, And A Proposal, David L. Shapiro
Supplemental Jurisdiction: A Confession, An Avoidance, And A Proposal, David L. Shapiro
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Comment On The Supplemental- Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf
Comment On The Supplemental- Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Teaching Supplemental Jurisdiction, Stephen C. Yeazell
Teaching Supplemental Jurisdiction, Stephen C. Yeazell
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Constitutional Law—Single Hiring Decisions And Municipal Entities: The United States Supreme Court's Latest Safeguard Against Municipal Liability Under 42 U.S.C. §1983. Board Of The County Comm'rs V. Brown, 117 S. Ct. 1382 (1997)., J. Matthew Mauldin
University of Arkansas at Little Rock Law Review
No abstract provided.
Desert, Utility, And Minimum Contacts: Toward A Mixed Theory Of Personal Jurisdiction, Kevin C. Mcmunigal
Desert, Utility, And Minimum Contacts: Toward A Mixed Theory Of Personal Jurisdiction, Kevin C. Mcmunigal
Faculty Publications
In this Essay, I suggest several steps to improve the Supreme Court's approach to minimum contacts analysis. Though they necessitate some modification of current doctrine, these steps require neither radical alteration of the test's current factors nor abandonment of any of its purposes. I propose a new way of looking at the Court's minimum contacts analysis that better explains and integrates the factors, temporal perspectives, and purposes that presently figure in the analysis. My approach draws on criminal law, analogizing a state's imposition of the burdens of jurisdiction to its imposition of a criminal sanction. It sees the minimum contacts …
The Ultimate Matrimonial Motion Practice Primer, Joel R. Brandes, Bari B. Brandes
The Ultimate Matrimonial Motion Practice Primer, Joel R. Brandes, Bari B. Brandes
Touro Law Review
No abstract provided.
Integrating Supplemental Jurisdiction And Diversity Jurisdiction: A Progress Report On The Work Of The American Law Institute, John B. Oakley
Integrating Supplemental Jurisdiction And Diversity Jurisdiction: A Progress Report On The Work Of The American Law Institute, John B. Oakley
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
The (Cloudy) Future Of Class Actions, Edward H. Cooper
The (Cloudy) Future Of Class Actions, Edward H. Cooper
Articles
The past, both proximate and remote, is often consulted in attempts to predict the future. Of course extrapolation from past to future is at best an uncertain art. Extrapolation, however, is not the only problem. Lessons from the recent past are distorted by lack of perspective. Lessons from the distant past are distorted by distance. The first step is to choose which of the competing pasts to consult. Selfishly, I choose to consult the recent past, as it continues through the present and on into the near-term future, from the perspective of the Advisory Committee on the Federal Rules of …
Make-Believe: The Rules Excluding Evidence Of Character And Liability Insurance (Symposium: Truth And Its Rivals: Evidence Reform And The Goals Of Evidence Law), Samuel R. Gross
Articles
Article IV of the Federal Rules of Evidence includes several rules that prohibit the use of specified types of information as evidence of particular propositions. Subsequent remedial measures are inadmissible to prove negligence (but admissible to show ownership, control, et cetera),' settlement offers are inadmissible to prove liability (but admissible to show bias or prejudice, or for other purposes),2 and so forth. Any exclusion of relevant evidence involves some distortion of reality in the sense that the picture presented to the trier of fact includes less information than the available total. That will be true whether the evidence is kept …
Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner
Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner
Richmond Journal of Law & Technology
Throughout American legal history the adequacy of traditional jurisprudence has been tested by technological developments. The creation and expanded use of the Internet is the latest of these advancements. There are, however, characteristics of the Internet that distinguish it from past technological breakthroughs. These features include the difficulty of defining the Internet in traditional terms, the plethora of the contacts taking place, and the speed at which the Internet is expanding.
Reforming Common Sense Legal Reforms, Carl W. Tobias
Reforming Common Sense Legal Reforms, Carl W. Tobias
Law Faculty Publications
The Contract With America figured prominently in the Republican Party's victories in the 1994 congressional races. During the opening days of the 104th Congress, therefore, approximately one hundred sponsors introduced the Common Sense Legal Refonns Act (CSLRA), which embodied several measures that comprised the Contract's ninth precept. The only constituent of this package of proposals which actually became law was the Private Securities Litigation Refonn Act (PSLRA). Both Houses of Congress did pass products liability reform bills but lacked the requisite votes to override President Bill Clinton's veto. The House of Representatives approved the Attorney Accountability Act (AAA), which would …
Nearing The End Of Federal Civil Justice Reform In Montana, Carl W. Tobias
Nearing The End Of Federal Civil Justice Reform In Montana, Carl W. Tobias
Law Faculty Publications
In continuing the series of essays which evaluate and document the phenomenon of federal civil justice reform, this essay initially affords an update on recent developments in civil justice reform at the national level and in the United States District Court for the District of Montana (Montana District). The essay emphasizes the conclusion of two major studies that analyze the national reform effort and the submission to Congress of reports and a recommendation, which were premised substantially on these studies, by the Judicial Conference of the United States. The essay also stresses the completion by the Ninth Circuit District Local …
Exactly How Much Process Is Due? The Federal Courts Grapple With The Shifting Burdens Of Proof In Civil In Rem Forfeiture Under 21 U.S.C. § 881(A), David A. Cohen
Kentucky Law Journal
No abstract provided.
The Effect Of Lifting The Blindfold From Civil Juries Charged With Apportioning Damages In Modified Comparative Fault Cases: An Empirical Study Of The Alternatives, Jordan H. Leibman, Robert B. Bennett, Richard Fetter
The Effect Of Lifting The Blindfold From Civil Juries Charged With Apportioning Damages In Modified Comparative Fault Cases: An Empirical Study Of The Alternatives, Jordan H. Leibman, Robert B. Bennett, Richard Fetter
Scholarship and Professional Work - Business
Focuses on a study on the effect of lifting the blindfold from civil juries charged with apportioning damages in modified comparative fault cases. Historical background on comparative fault in the United States; Origin of blindfolding; Comparison of blindfold modified comparative fault verdicts with sunshine verdicts; Conclusions.
Evidence: 1996-1997 Survey Of New York Law, Faust Rossi
Evidence: 1996-1997 Survey Of New York Law, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Conflicts Consent And Allocation After Amchem Products – Or Why Attorneys Still Need Consent To Give Away Their Clients' Money, John C. Coffee Jr.
Conflicts Consent And Allocation After Amchem Products – Or Why Attorneys Still Need Consent To Give Away Their Clients' Money, John C. Coffee Jr.
Faculty Scholarship
If it was the goal of Silver and Baker to write a provocative article, they have succeeded. They ask probing questions; they are appropriately scornful of superficial answers; and they seek to relate their view of legal ethics to what they perceive to be the prevailing standards in the legal marketplace. All this is good. They also usefully focus on an underappreciated dichotomy: the ethical rules governing aggregated settlements in consensual litigation versus the rules applicable in aggregated nonconsensual litigation (i.e., class actions). Essentially, they argue that the rules in both contexts should be the same or very similar, the …
Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel
Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel
Scholarly Works
Many scholars of the dispute resolution system perceive a sea change in attitudes toward adjudication that took place in the mid-1970s. Among the events of the time included the Pound Conference, which put the Chief Justice of the United States and the national judicial establishment on record in favor of at least some refinement, if not restriction, on access to courts. In addition, Chief Justice Burger, the driving force behind the Pound Conference, also used his bully pulpit as Chief Justice of the Supreme Court to promote ADR, particularly court-annexed arbitration. The availability of judicial adjuncts such as court-annexed arbitration …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in years 1998 and 1999.
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance law in the year 1998.
Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya
Interlocutory Appeals From Orders Denying Qualified Immunity: Determining The Proper Scope Of Appellate Jurisdiction, Kathryn R. Urbonya
Washington and Lee Law Review
No abstract provided.
Why Do Juries Get A Bum Rap: Reflections On The Work Of Valerie Hans, Richard O. Lempert
Why Do Juries Get A Bum Rap: Reflections On The Work Of Valerie Hans, Richard O. Lempert
Articles
The paper by Professor Valerie Hans that I have been asked to comment on examines the widespread expectation that jurors are prepared to hold businesses responsible in tort actions when they would not hold individual actors similarly responsible.1 Two reasons are commonly offered for this expectation. The first is that jurors naturally sympathize with individuals (like themselves) when people sue businesses, either because they identify with the plaintiffs as individuals or because they hold antibusiness attitudes. The second is that because businesses are often wealthy, a "deep pockets" effect exists such that jurors in negligence cases will find for undeserving …
Civil Justice Reform Sunset, Carl W. Tobias
Civil Justice Reform Sunset, Carl W. Tobias
Law Faculty Publications
This article uses the Civil Justice Reform Act of 1990 (CJRA) as the backdrop for addressing efforts to increase uniformity, simplicity, and transsubstantivity, and to decrease expense and delay in civil litigation. Professor Tobias discusses both the origin and the implementation of the CJRA. By requiring each federal district court to formulate a civil justice expense and delay reduction plan, the purpose of the CJRA is to decrease expense and delay in civil litigation. Professor Tobias argues that the CIRA has been successful because districts have applied techniques that have saved cost and time and have provided new data that …
An Alternative And Discretionary § 1367, Edward H. Cooper
An Alternative And Discretionary § 1367, Edward H. Cooper
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
Double Jeopardy, Supreme Court, Appellate Division Second Department: People V. Haishun
Double Jeopardy, Supreme Court, Appellate Division Second Department: People V. Haishun
Touro Law Review
No abstract provided.
Fraud And Federalism: Preempting Private State Securities Fraud Causes Of Action, Michael A. Perino
Fraud And Federalism: Preempting Private State Securities Fraud Causes Of Action, Michael A. Perino
Faculty Publications
The passage of the Private Securities Litigation Reform Act of 1995 has engendered a significant forum shift in class action securities fraud litigation, from federal to state court. This unintended by-product of the Act has reignited debate over our dual federal-state system of securities regulation and in turn has inspired a discussion as to whether Congress should now preempt state securities fraud causes of action. This article argues that preemption is an appropriate, but not the only, solution to these concerns. To support this argument, this article first traces the history of dual state-federal securities regulation within the context of …
Discovery In International Legal Developments Year In Review: 1997, Christopher J. Borgen
Discovery In International Legal Developments Year In Review: 1997, Christopher J. Borgen
Faculty Publications
U.S. law provides litigants with a variety of means to obtain evidence from foreign jurisdictions. The Federal Rules of Civil Procedure (the Federal Rules) and rules of state courts may be used if a U.S. court has jurisdiction over the person who is in control of the evidence in question. Section 1783 of tide 28 of the United States Code provides a means for serving a subpoena on U.S. nationals or residents abroad. Litigants may also obtain foreign discovery through letters rogatory as permitted by 28 U.S.C. § 1781 and treaties such as the Hague Convention on Taking Evidence (the …
Casting The Net: Another Confusing Analysis Of Personal Jurisdiction And Internet Contacts In Telco Communications V. An Apple A Day, Donnie L. Kidd Jr.
Casting The Net: Another Confusing Analysis Of Personal Jurisdiction And Internet Contacts In Telco Communications V. An Apple A Day, Donnie L. Kidd Jr.
University of Richmond Law Review
The fascination of the Internet and "cyberspace" is its sense of boundlessness. A user seemingly can go anywhere, be anyone, and do anything in a virtual world of information and interactivity. Actions on-line, however, often may have real world ramifications. The demarcation line between the physical and cyberspace "worlds" is not so pronounced that actions occurring in one have no effect in the other.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, Patrick M. Mayette
Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, Patrick M. Mayette
University of Richmond Law Review
This article reviews some of the recent developments and changes effected by the Supreme Court of Virginia and the Virginia General Assembly which affect and involve civil litigation. The scope of this paper does not extend to criminal procedure. This paper is not intended to be an all inclusive compilation, but rather a sampling of case law and legislative enactments of interest to the civil litigation attorney.