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Supreme Court

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Articles 61 - 90 of 104

Full-Text Articles in Civil Procedure

The Irrepressible Myth Of Celotex: Reconsidering Summary Judgment Burdens Twenty Years After The Trilogy, Adam N. Steinman Jan 2006

The Irrepressible Myth Of Celotex: Reconsidering Summary Judgment Burdens Twenty Years After The Trilogy, Adam N. Steinman

Faculty Scholarship

Twenty years ago, the Supreme Court decided a trilogy of cases on summary judgment. These cases have had a profound impact on federal litigation. Empirical data presented in this article demonstrate that federal courts have cited these three cases more than any Supreme Court decisions in history. Celotex Corp. v. Catrett is widely recognized as the most significant decision of the trilogy, both because it expanded the availability of summary judgment and because it remains the Court's most current instructions on how burdens are allocated between the party seeking and the party opposing summary judgment. However, Celotex failed to clarify …


Unconstitutional Courses, Frederic M. Bloom Jan 2005

Unconstitutional Courses, Frederic M. Bloom

Publications

By now, we almost expect Congress to fail. Nearly every time the federal courts announce a controversial decision, Congress issues a call to rein in "runaway" federal judges. And nearly every time Congress makes a "jurisdiction-stripping" threat, it comes to nothing.

But if Congress's threats possess little fire, we have still been distracted by their smoke. This Article argues that Congress's noisy calls have obscured another potent threat to the "judicial Power": the Supreme Court itself. On occasion, this Article asserts, the Court reshapes and abuses the "judicial Power"--not through bold pronouncements or obvious doctrinal revisions, but through something more …


Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron Jan 2002

Lessons From The Damages Decisions Following United States V. Winstar Corp., Rodger D. Citron

Scholarly Works

No abstract provided.


Equity And Settlement Class Actions: Can There Be Justice For All In Ortiz V. Fibreboard , Nikita Malhotra Pastor Feb 2000

Equity And Settlement Class Actions: Can There Be Justice For All In Ortiz V. Fibreboard , Nikita Malhotra Pastor

American University Law Review

No abstract provided.


Attorney-Client Privilege When The Client Is A Public Official: Litigating The Opening Act Of The Impeachment Drama, Timothy K. Armstrong Jan 1999

Attorney-Client Privilege When The Client Is A Public Official: Litigating The Opening Act Of The Impeachment Drama, Timothy K. Armstrong

Faculty Articles and Other Publications

The divided panel decision of the U.S. Court of Appeals for the D.C. Circuit in /n re Lindsey, 158 F.3d 1263 (D.C. Cir.), cert. denied, 119 S. Ct. 466 (1998), represented a dramatic shift in that court's thinking on the question whether the attorney-client privilege protects what a government official says to his agency's counsel in confidence. Although the court of appeals in at least four previous decisions had held that a government agency client holds the same privilege any other client would under like circumstances to communicate with counsel in private, the Lindsey court took a quite different view.


The 1993 Revision Of Federal Rule 11, Carl Tobias Jan 1994

The 1993 Revision Of Federal Rule 11, Carl Tobias

Indiana Law Journal

No abstract provided.


Trial By Jury Jan 1993

Trial By Jury

Touro Law Review

No abstract provided.


Supreme Court Jurisdiction Jan 1993

Supreme Court Jurisdiction

Touro Law Review

No abstract provided.


Trial By Jury Jan 1992

Trial By Jury

Touro Law Review

No abstract provided.


Equal Protection Jan 1992

Equal Protection

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Rules And Regulations Jan 1992

Rules And Regulations

Touro Law Review

No abstract provided.


Labor Not A Commodity Jan 1992

Labor Not A Commodity

Touro Law Review

No abstract provided.


Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve Jan 1991

Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve

Indiana Law Journal

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Public Relief And Care Jan 1991

Public Relief And Care

Touro Law Review

No abstract provided.


Compounding Confusion And Hampering Diversity: Life After Finley And The Supplemental Jurisdiction Statute, Richard D. Freer Jan 1991

Compounding Confusion And Hampering Diversity: Life After Finley And The Supplemental Jurisdiction Statute, Richard D. Freer

Faculty Articles

It has been a tough couple of years for supplemental jurisdiction. In recent decades, the doctrine, which earlier had been called the "child of necessity and sire of confusion," had become somewhat less confusing. The Supreme Court created a flurry of concern over the future of the doctrine with a pair of restrictive decisions in the late 1970s, but showed no further interest; the lower courts generally interpreted those holdings narrowly. With exceptions in a couple of areas, the application of supple­mental jurisdiction in the various joinder situations became relatively clear and predictable, and the doctrine played a major role …


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


Separation Of Powers Jan 1991

Separation Of Powers

Touro Law Review

No abstract provided.


Personal Jurisdiction And The Beetle In The Box, Wendy Collins Perdue Jan 1991

Personal Jurisdiction And The Beetle In The Box, Wendy Collins Perdue

Law Faculty Publications

In 1980 in World-Wide Volkswagen v. Woodson, the Supreme Court described personal jurisdiction as "an instrument of interstate federalism." Two years later in Insurance Corporation of Ireland v. Compagnie des Bauxites de Guinee, the Court back-pedaled and explained that personal jurisdiction "represents a restriction on judicial power not as a matter of sovereignty, but as a matter of individual liberty." Then, in 1985 in Phillips Petroleum v. Shutts, the Court explained that the purpose of personal jurisdiction is "to protect a defendant from the travail of defending in a distant forum." Three years later in Van Cauwenberghe v. Biard, …


Finley V. United States: Unstringing Pendent Jurisdiction, Wendy Collins Perdue Jan 1990

Finley V. United States: Unstringing Pendent Jurisdiction, Wendy Collins Perdue

Law Faculty Publications

The approach adopted by the Supreme Court in Finley v. United States calls into question not only pendent-claim jurisdiction but ancillary jurisdiction as well. Particularly vulnerable to attack are those uses of ancillary jurisdiction that involve the addition of new parties such as class action, intervention, and impleader. Furthermore, the opinion may lay a foundation for attacking ancillary-claim jurisdiction involving counterclaims or cross-claims. This commentary will examine Finley and the potential impact of the opinion on the various permutations of ancillary and pendent jurisdiction.


The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association Jan 1990

The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association

Touro Law Review

No abstract provided.


Organizational Standing In Environmental Litigation, Jeanne A. Compitello Jan 1990

Organizational Standing In Environmental Litigation, Jeanne A. Compitello

Touro Law Review

No abstract provided.


Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn Jan 1990

Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn

Touro Law Review

No abstract provided.


Rethinking The Class Action: A Policy Primer On Reform, John C. Coffee Jr. Jul 1987

Rethinking The Class Action: A Policy Primer On Reform, John C. Coffee Jr.

Indiana Law Journal

No abstract provided.


Adjudicatory Jurisdiction And Class Actions, Diane P. Wood Jul 1987

Adjudicatory Jurisdiction And Class Actions, Diane P. Wood

Indiana Law Journal

No abstract provided.