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Articles 91 - 104 of 104
Full-Text Articles in Civil Procedure
Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach
Touro Law Review
No abstract provided.
Sin, Scandal And Substantive Due Process: Personal Jurisdiction And Pennoyer Reconsidered, Wendy Collins Perdue
Sin, Scandal And Substantive Due Process: Personal Jurisdiction And Pennoyer Reconsidered, Wendy Collins Perdue
Law Faculty Publications
Professor Perdue recounts the underlying story of the U.S. Supreme Court's seminal personal jurisdiction case, Pennoyer v. Neff.
Litigating The Zero-Sum Game: The Effect Of Institutional Reform Litigation On Absent Parties, Elizabeth G. Thornburg
Litigating The Zero-Sum Game: The Effect Of Institutional Reform Litigation On Absent Parties, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
This article considers the impact that the use and misuse of equitable interest balancing has had on institutional reform litigation. It begins by considering the types of cases in which interest balancing was originally used in equity, and then surveys the use of interest balancing in school desegregation and employment discrimination cases. The article argues that the Supreme Court's interest balancing is flawed in systemic ways that result in overvaluing non-party interests.
Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin
Touro Law Review
No abstract provided.
The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig
The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig
Touro Law Review
No abstract provided.
Constitutional Fact Review, Henry Paul Monaghan
Constitutional Fact Review, Henry Paul Monaghan
Faculty Scholarship
Bose Corp. v. Consumers Union of United States held that the clearly erroneous standard of Federal Rule of Civil Procedure 52(a) does not prescribe the scope of appellate review of a finding of actual malice in defamation cases governed by New York Times Co. v. Sullivan. Rather, as a matter of "federal constitutional law," appellate courts "must exercise independent judgment and determine whether the record establishes actual malice with convincing clarity." Thus, in addition to the familiar judicial duty to "say what the law is," the first amendment imposes a special duty with respect to law application: both …
Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results
Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results
Touro Law Review
No abstract provided.
Federal Rule Of Civil Procedure 71a(H) Land Commissions: The First Fifteen Years, Julian Conrad Juergensmeyer
Federal Rule Of Civil Procedure 71a(H) Land Commissions: The First Fifteen Years, Julian Conrad Juergensmeyer
Indiana Law Journal
No abstract provided.
Proposed Revision Of New York Civil Practice, Jack B. Weinstein, Michael I. Sovern, Daniel H. Distler, Stanley H. Fuld
Proposed Revision Of New York Civil Practice, Jack B. Weinstein, Michael I. Sovern, Daniel H. Distler, Stanley H. Fuld
Faculty Scholarship
Our present Civil Practice Act is a patchwork affair; provisions have been changed and sections have been added and eliminated as the particular necessity of the times dictated, without any real regard for rational or integrated compilation.
The problem of revision has long confronted us. There has been none for more than 110 years. Very wisely, the Temporary Commission on the Courts directed such a revision, and in 1955 appointed an advisory committee consisting of outstanding attorneys of extensive and varied experience from all over the state. They were delegated to study and prepare appropriate legislation. The research and drafting …
States' Rights And Federal Procedure, Bernard C. Gavit
States' Rights And Federal Procedure, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
Rules For Civil Procedure In The United States District Courts: Pre-Trial Procedure, Albert H. Cole
Rules For Civil Procedure In The United States District Courts: Pre-Trial Procedure, Albert H. Cole
Indiana Law Journal
No abstract provided.
New Rules Of The Supreme Court, Bernard C. Gavit
New Rules Of The Supreme Court, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
Appellate Practice And Procedure In The Supreme Court Of The United States, T. W. Arnold
Appellate Practice And Procedure In The Supreme Court Of The United States, T. W. Arnold
West Virginia Law Review
No abstract provided.
May The Question Whether An Amended Declaration Introduces A New Cause Of Action Be Certified To The Supreme Court For Decision?, L. C.
West Virginia Law Review
No abstract provided.