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Civil Procedure Commons™

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2003

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Institution
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Articles 61 - 69 of 69

Full-Text Articles in Civil Procedure

Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman Jan 2003

Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman

Faculty Publications

No abstract provided.

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Due Process Erosion: The Diminution Of Live Testimony At The Icty, Megan A. Fairlie Jan 2003

Due Process Erosion: The Diminution Of Live Testimony At The Icty, Megan A. Fairlie

Faculty Publications

Shortly after its creation in 1993, the International Criminal Tribunal for the former Yugoslavia (ICTY) adopted an adversarial construct and advocated a preference for the presentation of direct evidence, or live witness testimony, in its criminal trials. In the wake of that decision and under considerable pressure to expedite its proceedings, the ICTY judges responded with efforts to streamline the trial process, amending the Tribunal’s Rules of Procedure and Evidence so as to incrementally increase the admissibility of written evidence. This article tracks the relevant rule changes and questions the merit of the decision to move away from live testimony. …

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What Attorneys Think Of Jury Trial Innovations, William W. Schwarzer, J. Donald Cowan Jr., Thomas M. Chrisham Jan 2003

What Attorneys Think Of Jury Trial Innovations, William W. Schwarzer, J. Donald Cowan Jr., Thomas M. Chrisham

Faculty Scholarship

No abstract provided.

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The Diligent Prosecution Bar To Citizen Suits: The Search For Adequate Representation, Peter A. Appel Jan 2003

The Diligent Prosecution Bar To Citizen Suits: The Search For Adequate Representation, Peter A. Appel

Scholarly Works

To ensure that citizen suits assist but do not replace or overshadow government enforcement actions, all environmental statutes which authorize citizen suits bar such suits in certain circumstances. This short Article examines the relatively narrow but important problems created by one such bar, namely the statutory bar on a citizen suit if the federal or state government is “diligently prosecuting” an action against the same violator. The requirement that a governmental prosecution be diligent protects against two types of undesirable situations. On the one hand, the diligent prosecution bar prevents citizens from bringing simple “me too” actions. One would not …

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Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett Jan 2003

Wrongful Conviction, Lawyer Incompetence And English Law - Some Recent Themes, Geoffrey Bennett

Journal Articles

Viewed from a distance the outward appearances of the English Legal System might look reassuringly stable. In fact, nothing could be further from the case. During the last ten years almost every facet of the system, even the constitutional order, has been radically overhauled, or at least significantly modified. The whole system of civil procedure has been recast, after over a hundred years of relatively little major modification, in an attempt to simplify and expedite proceedings with a new emphasis on judicial case management. Perhaps most important of all, the Human Rights Act 1998, which has been effective from October …

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Slouching Toward Discretion, Richard L. Marcus Jan 2003

Slouching Toward Discretion, Richard L. Marcus

Faculty Scholarship

No abstract provided.

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Clear Sailing Agreements: A Special Form Of Collusion In Class Action Settlements, William D. Henderson Jan 2003

Clear Sailing Agreements: A Special Form Of Collusion In Class Action Settlements, William D. Henderson

Articles by Maurer Faculty

A clear sailing agreement (or clause) is a compromise in which a class action defendant agrees not to contest the class lawyer's petition for attorneys' fees. This Article argues that clear sailing provisions often facilitate collusive settlements in cases involving non-pecuniary relief or claims-made common funds that return all unclaimed monies to the defendant. Because these types of settlements present difficult valuation problems, trial courts lack a clear benchmark for calculating attorneys' fees. Defendants and class can exploit this uncertainty by presenting an inflated settlement value to the court (to justify higher attorneys' fees) while simultaneously reducing the true cost …

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Globalization, International Human Rights, And Civil Procedure, Trevor C. W. Farrow Jan 2003

Globalization, International Human Rights, And Civil Procedure, Trevor C. W. Farrow

Articles & Book Chapters

This article discusses the modern convergence of three traditionally separate topics: globalization and international human rights on the one hand, and civil procedure on the other. Its project is twofold: first, to highlight the role of domestic legal processes and communities in the advancement of the post-World War I1 international human rights project. Second - in contemplation of the specific context of teaching civil procedure - to help bring alive the power and increasingly-global context of civil procedure for the benefit of students.

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Civil Recourse, Not Corrective Justice, Benjamin C. Zipursky Jan 2003

Civil Recourse, Not Corrective Justice, Benjamin C. Zipursky

Faculty Scholarship

No abstract provided.

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