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Articles 3811 - 3840 of 6657

Full-Text Articles in Civil Procedure

Potential Innovations In Civil Discovery: Lessons For California From The State And Federal Courts, Gregory S. Weber Jan 2001

Potential Innovations In Civil Discovery: Lessons For California From The State And Federal Courts, Gregory S. Weber

McGeorge School of Law Scholarly Articles

No abstract provided.


Is Zippo's Sliding Scale A Slippery Slope Of Uncertainty? A Case For Abolishing Web Site Interactivity As A Conclusive Factor In Assessing Minimum Contacts In Cyberspace, 34 J. Marshall L. Rev. 1051 (2001), Jason Green Jan 2001

Is Zippo's Sliding Scale A Slippery Slope Of Uncertainty? A Case For Abolishing Web Site Interactivity As A Conclusive Factor In Assessing Minimum Contacts In Cyberspace, 34 J. Marshall L. Rev. 1051 (2001), Jason Green

UIC Law Review

No abstract provided.


Stand By Me: The Fourth Circuit Raises Standing Requirements In Friends Of The Earth, Inc. V. Gaston Copper Recycling Corp. - Just As Long As You Stand, Stand By Me, Amanda Masucci Jan 2001

Stand By Me: The Fourth Circuit Raises Standing Requirements In Friends Of The Earth, Inc. V. Gaston Copper Recycling Corp. - Just As Long As You Stand, Stand By Me, Amanda Masucci

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Uniform Innocent Owner Defense To Civil Asset Forfeiture: The Civil Asset Forfeiture Reform Act Of 2000 Creates A Uniform Innocent Owner Defense To Most Civil Forfeiture Cases Filed By The Federal Government, Stefan D. Cassella Jan 2001

The Uniform Innocent Owner Defense To Civil Asset Forfeiture: The Civil Asset Forfeiture Reform Act Of 2000 Creates A Uniform Innocent Owner Defense To Most Civil Forfeiture Cases Filed By The Federal Government, Stefan D. Cassella

Kentucky Law Journal

No abstract provided.


Second Circuit 2000-2001 Personal Jurisdiction Developments, Jay C. Carlisle Jan 2001

Second Circuit 2000-2001 Personal Jurisdiction Developments, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

This Survey Article will review some of the district and circuit courts' significant decisions, and comment on future trends for application of the law of personal jurisdiction in the Second Circuit. The Article concludes with a recommendation that district court judges should not grant or deny personal jurisdiction defenses until at least limited jurisdictional discovery has been granted and is completed.


Procedural Uniformity And The Exaggerated Role Of Rules: A Survey Of Intra-State Uniformity In Three States That Have Not Adopted The Federal Rules Of Civil Procedure, Thomas O. Main Jan 2001

Procedural Uniformity And The Exaggerated Role Of Rules: A Survey Of Intra-State Uniformity In Three States That Have Not Adopted The Federal Rules Of Civil Procedure, Thomas O. Main

Villanova Law Review (1956 - )

No abstract provided.


Lessons From Abroad: Complexity And Convergence, Linda S. Mullenix Jan 2001

Lessons From Abroad: Complexity And Convergence, Linda S. Mullenix

Villanova Law Review (1956 - )

No abstract provided.


Is A Foreign State A "Person"? Does It Matter?: Personal Jurisdiction, Due Process, And The Foreign Sovereign Immunities Act, 34 N.Y.U. J. Int'l L. & Pol. 115 (2001), Karen H. Cross Jan 2001

Is A Foreign State A "Person"? Does It Matter?: Personal Jurisdiction, Due Process, And The Foreign Sovereign Immunities Act, 34 N.Y.U. J. Int'l L. & Pol. 115 (2001), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.


What Trial Judges Would Like To Say To Lawyers And What Lawyers Would Like To Say To Trial Judges (Panel One), Andrew Coats Jan 2001

What Trial Judges Would Like To Say To Lawyers And What Lawyers Would Like To Say To Trial Judges (Panel One), Andrew Coats

Faculty Articles

No abstract provided.


Purchasing While Black: How Courts Condone Discrimination In The Marketplace, Matt Graves Jan 2001

Purchasing While Black: How Courts Condone Discrimination In The Marketplace, Matt Graves

Michigan Journal of Race and Law

Given the sweeping language of § 1981 and 1982, it cannot be that sellers of goods can engage in intentional discrimination, so long as they make relatively minor attempts to cover it up. By exploring the interaction between substantive law, procedural law, legal culture, and real-world context, Graves seeks to demonstrate that judges cannot offer any legal or practical justification for heightened pleading requirements in § 1981 and 1982 actions. Through this argument, a conclusion is reached that § 1981 and 1982 plaintiffs must be given the same opportunity to litigate their claims that virtually all other plaintiffs are given. …


Lowering The Bar: The Sixth Circuit Embraces The Ninth Circuit's Narrow Interpretation Of Section 1319(G)(6) Of The Clean Water Act In Rudolph Jones, Jr., Susan Jones, Tandy Jones Gilliland V. City Of Lakeland, Tennessee, Patrick Kurtas Jan 2001

Lowering The Bar: The Sixth Circuit Embraces The Ninth Circuit's Narrow Interpretation Of Section 1319(G)(6) Of The Clean Water Act In Rudolph Jones, Jr., Susan Jones, Tandy Jones Gilliland V. City Of Lakeland, Tennessee, Patrick Kurtas

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Health Care Ethics Experts In Canadian Courts, Jocelyn Downie Jan 2001

Health Care Ethics Experts In Canadian Courts, Jocelyn Downie

Articles, Book Chapters, & Popular Press

In this paper, I will first describe the traditional approach to the use of experts in Canadian courts. Then I will consider whether, on this approach, health care ethics experts should be permitted to testify in Canadian courts. I will argue that they should be permitted to testify but caution should be exercised by the courts, the parties, and the experts themselves. The objective of the paper is to highlight the strengths and raise some concerns about the weaknesses of a practice that appears to be growing, so that the potential harmful consequences might be anticipated, problems with the practice …


Class Action Advice In The Form Of Questions, Edward H. Cooper Jan 2001

Class Action Advice In The Form Of Questions, Edward H. Cooper

Articles

The opportunity to offer advice to those who are considering the adoption or modification of class or group action procedures for other legal systems is both welcome and distracting. It is welcome because it forces a change of perspective in the attempt to contemplate adaptation of United States practice to different cultures, political structures, substantive laws, and courts with dissimilar surrounding procedures. It is distracting because there are so many different levels of possible comparison that the choice of perspective must be tailored to the immediate occasion. It is tempting to take on the most important sets of questions-for example, …


A Modest Reform For Federal Procedural Rulemaking, Carl W. Tobias Jan 2001

A Modest Reform For Federal Procedural Rulemaking, Carl W. Tobias

Law Faculty Publications

Following the adoption of the amendments to the Federal Rules of Civil Procedure relating to discovery in 2000, Prof. Tobias notes the lack of empirical research or other indication of how the new rules might work in practice preceding their enactment. He suggests that Congress should reconsider a reject 1983 amendment to F.R.C.P. 83 which would authorize courts to obtain Judicial Conference approval to test promising mechanisms for five years before adoption.


Jurisdiction, Jurisprudence And Legal Change: Sociological Jurisprudence And The Road To International Shoe, Logan E. Sawyer Iii Jan 2001

Jurisdiction, Jurisprudence And Legal Change: Sociological Jurisprudence And The Road To International Shoe, Logan E. Sawyer Iii

Scholarly Works

While scholars espousing ideological explanations have noted the correlation between the intellectual trends of the New Deal and International Shoe, they have not demonstrated the strength of this connection. Some merely assert that ideology caused International Shoe,12 while others point to only very general similarities between International Shoe and the ideology of the age.' 3 This Article attempts to strengthen the ideological explanation by examining closely the intellectual context of International Shoe. That examination reveals that the decision did not result simply from the expansion of interstate business or the inherent weakness of the Pennoyer system. Instead, International Shoe was …


Evidence: 1999-2000 Survey Of New York Law, Faust Rossi Jan 2001

Evidence: 1999-2000 Survey Of New York Law, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.


Politics And Sociology In Federal Civil Rulemaking: Errors Of Scope, Jeffrey W. Stempel Jan 2001

Politics And Sociology In Federal Civil Rulemaking: Errors Of Scope, Jeffrey W. Stempel

Scholarly Works

In April 2000 the United States Supreme Court promulgated a package of Proposed Amendments to the Federal Rules of Civil Procedure that took effect on December 1, 2000, without Congressional intervention. As one commentator observed, “(a)ll of (the proposed amendments) promise to have a significant effect on discovery practice.” One Proposed Amendment--narrowing the scope of discovery available pursuant to Rule 26(b)(1)--was particularly controversial before both the Advisory Committee, the Standing Committee, and the Judicial Conference. Nonetheless, the Proposed Amended Rule narrowing scope proceeded from the Court to finality with no intervention by Congress. Proponents of the change minimized criticism by …


Preliminary Injunctions And The Status Quo, Thomas R. Lee Jan 2001

Preliminary Injunctions And The Status Quo, Thomas R. Lee

Washington and Lee Law Review

No abstract provided.


The Utility Of The Ali/Unidroit Project On Principles And Rules Of Transnational Civil Procedure, Janet Walker Jan 2001

The Utility Of The Ali/Unidroit Project On Principles And Rules Of Transnational Civil Procedure, Janet Walker

Articles & Book Chapters

This article considers the important role that could be played by transnational rules of civil procedure in facilitating transnational litigation and in reducing the incidence of forum shopping.


The 2000 Federal Civil Rules Revisions, Carl W. Tobias Jan 2001

The 2000 Federal Civil Rules Revisions, Carl W. Tobias

Law Faculty Publications

During April 2000, the United States Supreme Court prescribed a comparatively thorough set of amendments to the Federal Rules of Civil Procedure. These amendments took effect in December 2000. That development represented the culmination of a rule revision proceeding commenced in 1996 by the Judicial Conference of the United States Advisory Committee on Civil Rules (Advisory Committee). Because certain provisos that the Supreme Court included in the 2000 amendments are rather controversial and could alter significant features of modern federal civil litigation primarily involving discovery, these revisions deserve assessment. This Essay undertakes that effort by emphasizing changes in mandatory prediscovery, …


The Nontrial Adversarial Model: Complex Litigation At The Millennium, Joel Seligman Jan 2001

The Nontrial Adversarial Model: Complex Litigation At The Millennium, Joel Seligman

Scholarship@WashULaw

During the past two decades, a non-trial adversarial model has evolved for deciding private securities law claims. Underlying this evolution are three different types of dynamics: (1) a dramatic growth in the size of securities class actions, epitomized by the Washington Public Power Supply System litigation of the 1980s and the Court’s approval of the fraud-on-the-market presumption, rather than a requirement of individual proof of fraud, in Basic, Inc. v Levinson; (2) a significant growth in the cost and litigation leverage of discovery; and (3) a fundamental shift in the political orientation of Congress in securities litigation, illustrated by the …


Damage Awards In Perspective: Behind The Headline-Grabbing Awards In Exxon Valdez And Engle, Theodore Eisenberg Jan 2001

Damage Awards In Perspective: Behind The Headline-Grabbing Awards In Exxon Valdez And Engle, Theodore Eisenberg

Cornell Law Faculty Publications

Large punitive damages awards in tobacco litigation, the Exxon Valdez oil spill case, and other cases dominate the public perceptions about damages. These large awards and the mass of compensatory awards can be best understood in relation to other awards. In fact, total awards in tried contract cases have risen faster than tort awards. In the highly visible world of large punitive damages awards, the Exxon Valdez award fits well within the traditional pattern of punitive awards. The largest punitive award, that against the tobacco industry in Engle, is best understood against the background of the tobacco industry's national …


Ending Illegitimate Advocacy: Reinvigorating Rule 11 Through Enhancement Of The Ethical Duty To Report, Lonnie T. Brown, Jr. Jan 2001

Ending Illegitimate Advocacy: Reinvigorating Rule 11 Through Enhancement Of The Ethical Duty To Report, Lonnie T. Brown, Jr.

Scholarly Works

This article seeks to draw attention to certain ethical misconduct of litigators that is routinely accepted, tolerated, or ignored by the legal profession. Though there are other examples, the author focuses on conduct prohibited by Federal Rule of Civil Procedure 11. In particular, the author concentrates on that rule's so-called “safe harbor” provision, which he argues serves to insulate, and possibly encourage, illegitimate advocacy in the form of the assertion and maintenance of frivolous claims, defenses, or other contentions ironically, the very conduct that the rule was ostensibly intended to deter. Regardless of the frequency of this sort of misbehavior, …


The 2000 Federal Civil Rules Revisions, Carl Tobias Jan 2001

The 2000 Federal Civil Rules Revisions, Carl Tobias

San Diego Law Review

The first section of this Essay surveys the historical background of the 2000 group of amendments to the Federal Rules of Civil Procedure. The second portion of the Essay selectively evaluates the most contested and important constituents of the package of revisions and analyzes the effects that federal district court implementation of the 2000 amendments alone and together will apparently have. Ascertaining that several modifications are somewhat controversial and that, individually or in combination, they could have relatively significant impacts, the third segment affords suggestions for future action that members of the legislative and judicial branches, lawyers and parties should …


They Toil Not, Neither Do They Spin: Civil Liability Under The Oregon Securities Law, Keith A. Rowley Jan 2001

They Toil Not, Neither Do They Spin: Civil Liability Under The Oregon Securities Law, Keith A. Rowley

Scholarly Works

Under Oregon law, persons who sell securities in violation of statutory registration requirements, or by means of some misrepresentation or omission of material fact, may be liable to any person or entity who buys securities from or through them. Likewise, persons who buy securities by means of some misrepresentation or omission of material fact may be liable to any person or entity who sells securities to or through them. In addition to, or in lieu of, suing the person who committed the material misrepresentation or omission, a plaintiff may sue one or more persons or entities who might be vicariously …


Recent Case Developments, Jeffrey W. Stempel Jan 2001

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 2000 and 2001.


Recent Case Developments, Jeffrey W. Stempel Jan 2001

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 2000 and 2001.


Procedural Uniformity And The Exagerated Role Of Rules, Thomas O. Main Jan 2001

Procedural Uniformity And The Exagerated Role Of Rules, Thomas O. Main

Scholarly Works

No abstract provided.


Litigation Governance: A Gentle Critique Of The Third Circuit Task Force Report, John C. Coffee Jr. Jan 2001

Litigation Governance: A Gentle Critique Of The Third Circuit Task Force Report, John C. Coffee Jr.

Faculty Scholarship

The Third Circuit Task Force on the Selection of Class Counsel (the "Task Force") has worked hard, considered everything, and exhaustively summarized the problems associated with class counsel auctions. Its views will undoubtedly resonate with most of the Bench and the vast majority of the Bar-neither of whom were enthusiastic about the prospect of auctions in the first place. Personally, I agree with the Task Force that auctions are not the most promising reform and that they may exacerbate, rather than correct, existing problems. Still, what is missing from the Task Force Report is the candid recognition that the agency …


The Agenda-Setter For Complex Litigation, Richard L. Marcus Jan 2001

The Agenda-Setter For Complex Litigation, Richard L. Marcus

Faculty Scholarship

No abstract provided.