Civil Procedure Commons^™

Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper

University of Richmond Law Review

Virginia courts and the General Assembly have effected several changes in civil practice and procedure during the past year. This article focuses on some significant developments and interests to the general litigation attorney.

Contemplating The End Of Federal Civil Justice Reform In Montana, Carl W. Tobias

Law Faculty Publications

In continuation of the series of essays analyzing and documenting federal civil justice reform, this essay first provides an update on developments in civil justice reform nationally and in the United States District Court of Montana (Montana District). The essay then stresses the continuing work of the Ninth Circuit District Local Rules Review Committee and additional issues relating to case assignments in the Montana District. Finally, the essay takes a glimpse into the future.

"And The Truth Shall Make You Free": Truth As A First Amendment Defense In Tortious Interference With Contract Cases, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Faculty Publications

No abstract provided.

Rcra And The Recovery Of Past Clean-Up Costs: Meghrig V. Kfc Western, Inc., Timothy J. Sullivan

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Some Realism About Federal Procedural Reform, Carl W. Tobias

Law Faculty Publications

A New Confederacy? Disunionism in the Federal Courts is a thought-provoking tour de force about many ills that federal court observers believe plague the modem federal district courts. In Disunionism, Professor Paul Carrington paints a perceptive portrait of the troubling conditions that he asserts impede civil litigation in a number of districts, and he trenchantly criticizes district judges for their contributions to these circumstances while admonishing the Judicial Conference to sweep "our national courts clear of all local clutter."

Sexual Character Evidence In Civil Actions: Refining The Propensity Rule, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

When claims of sexual misconduct are made, two threads are often seen in the kinds of questions raised: Did she "invite it," and has he ever done it before? The way these questions are handled can determine the outcome of a sexual misconduct case. In 1995, Congress weighed in on whether these questions could be asked in civil cases in federal court and adopted two significant changes to the rules of evidence. One, revised Rule 412,4 extends "rape shield" protection to civil actions that claim sexual misconduct, including sexual harassment. The other, new Rule 415,5 allows plaintiffs to offer evidence …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Interjurisdictional Preclusion, Howard M. Erichson

Faculty Scholarship

Res judicata is hard enough already. Consider it at the interjurisdictional level, and we are asking for headaches. But consider it at that level we must, because litigation trends make interjurisdictional preclusion1 more important than ever. Lawyers, judges, litigants, and other litigation participants increasingly must contemplate the possibility that a lawsuit will have claim-preclusive or issue-preclusive effect in a subsequent suit in another jurisdiction. This article examines the problem of interjurisdictional preclusion, and, in particular, the problem of choice of preclusion law. Choice of-preclusion law cannot be appreciated in the abstract, but rather must be considered in light of litigation …

Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996

Touro Law Review

No abstract provided.

The Innocent Owner Defense To Civil Forfeiture Proceedings, Peter David Houtz

University of Richmond Law Review

The Constitution of the United States prohibits the deprivation of "life, liberty, or property, without due process of law." The Constitution also expressly states that private property may not be "taken" by the government without "just compensation." Seizures and forfeitures of personal and real property without notification or hearing and without compensation have, however, become a powerful tool used by the government to deter crime.

1996 Employment Law Update, Oregon Law Institute, Marcia Ohlemiller, Joseph Wetzel, Helen Russon, Eileen Drake, Jeffrey M. Batchelor, Richard F. Liebman, Martha L. Walters, Bradley F. Tellam

Oregon Law Institute, 1996

Course Materials from the October 18, 1996 Program in Portland

Constitutional Law Ii: The Law And Politics Of Constitutional Cases, Oregon Law Institute, Susan P. Graber, W. Michael Gillette, Rebecca R. Davis, David Schuman, Claudia E. Burton, David Heynderickx, Kelly W.G. Clark

Oregon Law Institute, 1996

Course Materials from the October 11, 1996 Program in Portland

The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon

Articles

This essay begins by asking why lawyers bring frivolous cases, cases which, under the standard definitions of frivolousness, have no chance of success and should never have been brought. Rejecting the usual answers of lawyer stupidity and greed, it offers a different view of the frivolous case --that most of the cases that have been challenged and sanctioned in recent years under Rule 11 were brought by lawyers bringing cases they reasonably believed had a low (but not zero) probability of success. This provides a more plausible explanation for wy lawyers persist in bringing such cases, since they are essentially …

Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon

Articles

The article critiques the prevalent approaches to addressing discovery abuse in legal proceedings, arguing that traditional methods focusing on moralizing about civility are ineffective. Instead, it proposes a more direct approach, inspired by parental discipline, where judges should firmly tell lawyers to cease abusive behavior. The author draws on Aristotle's concept of "akrasia" (moral weakness) to explain why lawyers often engage in counterproductive tactics, suggesting that emotional impulses and the pressure to win drive such actions. The article advocates for innovative solutions to deter discovery abuse, emphasizing the need to make such behavior less enjoyable through targeted sanctions and increased …

The Anatomy Of An Appeal, Oregon Law Institute, Jeffrey M. Batchelor, Stephen S. Trott, Paul J. De Muniz, W. Michael Gillette, Susan M. Leeson, Rick T. Haselton, Paula A. Barran, James E. Mountain

Oregon Law Institute, 1996

Course Materials from the September 13, 1996 Program in Portland

Forum Non Conveniens In The United States And Canada, Donald J. Carney

Buffalo Journal of International Law

No abstract provided.

Rediscovering Discovery Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Maximizing Mediation And Arbitration Opportunities, Oregon Law Institute, William M. Mcallister, Sam J. Imperati, Richard G. Spier, Noreen K. Saltviet, Eric B. Lindauer, Ingrid E. Slezak, Lyle C. Velure, Judy S. Henry, Raymond R. Bagley Jr, Don A. Dickey, Kristena A. Lamar, Eve L. Miller

Oregon Law Institute, 1996

Course Materials from the May 23, 1996 Program in Portland

The Federalism Pendulum, Ronald J. Bacigal

Law Faculty Publications

Following Franklin's example, this essay takes a protracted view of the federalization of criminal procedure. It is important to review how the federalism pendulum has swung over the years to reflect concepts of what the Constitution was meant to mean, what it has come to mean, and what it ought to mean.

Litigation Outcomes In State And Federal Courts: A Statistical Portrait, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman

Cornell Law Faculty Publications

"U.S. Juries Grow Tougher on Plaintiffs in Lawsuits," the New York Times page-one headline reads. The story details how, in 1992, plaintiffs won 52 percent of the personal injury cases decided by jury verdicts, a decline from the 63 percent plaintiff success rate in 1989. The sound-byte explanations follow, including the notion that juries have learned that they, as part of the general population, ultimately pay the costs of high verdicts. Similar stories, reporting both increases and decreases in jury award levels, regularly make headlines. Jury Verdict Research, Inc. (JVR), a commercial service that sells case outcome information, often is …

Local Government Land Use Law: Tort And Mandamus Issues, Oregon Law Institute, David A. Ernst, Michael C. Robinson, Timothy V. Ramis, James H. Van Dyke, Michael A. Holstun, Richard Whitman, Edward J. Sullivan, Jeffrey G. Condit, James R. Herald, Wendie L. Kellington, John H. Nelson

Oregon Law Institute, 1996

Course Materials from the March 8, 1996 Program in Portland

Xenophilia In American Courts, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Foreigner! The word says it all. Verging on the politically incorrect, the expression is full of connotation and implication. A foreigner will face bias. By such a thought process, many people believe that litigants have much to fear in courts foreign to them. In particular, non-Americans fare badly in American courts. Foreigners believe this. Even Americans believe this.

Such views about American courts are understandable. After all, the grant of alienage jurisdiction to the federal courts, both original and removal, constitutes an official assumption that xenophobic bias is present in state courts. As James Madison said of state courts: “We …

Courts In Cyberspace, Theodore Eisenberg, Kevin M. Clermont

Cornell Law Faculty Publications

No abstract provided.

How Modern Treatment Of 35 U.S.C. § 112(6) Has Caused Confusion: Hilton Davis V. Warner-Jenkinson And The Right To A Jury On The Issue Of Patent Infringement Under The "Equitable" Doctrine Of Equivalents, David R. Todd

BYU Law Review

No abstract provided.

Structuring Multiclaim Litigation: Should Rule 23 Be Revised?, William W. Schwarzer

Michigan Law Review

The question whether Rule 23 should be revised therefore is not susceptible to a global answer unless revision is stylistic only, limited to making the text more elegant - and even stylistic revision is likely to have some substantive impact, even if unintended. But if the argument for revision is that the Rule is in some respect deficient and should be made to work better, one must begin by answering the question how it should work. That in tum depends on defining the Rule's purpose - what it is intended to accomplish.This paper examines briefly the purposes for which the …

Trial By Jury Or Judge: Which Is Speedier?, Theodore Eisenberg, Kevin M. Clermont

Cornell Law Faculty Publications

Many take as a given that jury-tried cases consume more time than judge-tried cases. Judge Richard Posner of the Seventh Circuit, for example, opines: “Court queues are almost always greatest for parties seeking civil jury trials. This makes economic sense. Such trials are more costly than bench trials both because of jury fees (which … understate the true social costs of the jury) and because a case normally takes longer to try to a jury than to a judge …. Parties are therefore “charged” more for jury trials by being made to wait in line longer.”

A close reading reveals …

Studying Deck Chairs On The Titanic, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.

The Cult Of Finality: Rethinking Collateral Estoppel In The Postmodern Age, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.

West Virginia's Very Own Celotex Trilogy: A Series Of Recent Opinions By The Supreme Court Of Appeals Of West Virginia Reveals That The Rumors Of Rule 56'S Death Were Greatly Exaggerated, Rodney L. Bean, Sean P. Mcginley

West Virginia Law Review

No abstract provided.