Civil Procedure Commons^™

Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel

Scholarly Works

Like any trend, ADR has its skeptics and even some opponents. Considerable debate exists regarding the degree to which the increasing ADRization of traditionally judicial activity amounts to triumph or tragedy, a point well-illustrated by the past Schwartz Lectures. In the 1993 Schwartz Lecture, Professor Laura Nader described the ADR movement as a byproduct of society's attempt to suppress or conceal uncomfortable conflicts. In the 1994 Lecture, Professor Judith Resnik essentially concluded that the modern ADR movement has brought a regrettable de facto closing of the court house (or at least raised barriers to entry) and replaced reflective decision-making about …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Status Of Double Jeopardy And Forfeiture Law In The Sixth Circuit, Stefan D. Cassella

Kentucky Law Journal

No abstract provided.

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

Scholarly Works

What is a fact, and who gets to say what a fact is? These questions lurk beneath and animate the doctrine of collateral estoppel, or (as we modem types say) issue preclusion, in the law of civil procedure. But neither courts nor scholars have faced these basic questions head-on in considering the efficacy of a doctrine that literally exports findings of fact from one case to other unrelated cases. Instead, discussions about collateral estoppel have focused on the "fairness" of applying the doctrine, particularly in terms of the party to be bound by the predetermined fact and whether it had …

Third-Party Modification Of Protective Orders Under Rule 26©, Patrick S. Kim

Michigan Law Review

This Note argues that similarly situated litigants always should be given access to protected discovered materials, while nonlitigants should gain access to protected materials only in exceptional circumstances. This approach effectively balances the privacy and property interests of the original parties and the intervening parties with the interests of adjudicative efficiency. Part I establishes that there is no general public right of access to civil discovery and that courts should disregard such purported rights when considering whether to modify a protective order. Part II identifies three interests that courts should weigh when considering whether to modify a protective order: the …

Bankruptcy 1995: Hot Topics And News You Can Use!, Oregon Law Institute, Ann K. Chapman, John D. Albert, S. Ward Greene, Elizabeth L. Perris, Sanford R. Landress

Oregon Law Institute, 1995

Course Materials from the December 1, 1995 Program in Portland

Fine Tuning Your Auto Accident Case, Oregon Law Institute, Norma S. Poitras, Lee Aronson, K. William Gibson, Stephen R. Moore, Peter Fisher, Thomas R. Fries

Oregon Law Institute, 1995

Course Materials from the November 3, 1995 Program in Portland

International Parallel Litigation: Disposition Of Duplicative Civil Proceedings In The United States And Japan, Yoshimasa Furuta

Washington International Law Journal

Although duplicative proceedings involve various negative effects, if motivated by legitimate reasons, parallel litigation may be justified. Therefore, regulation of international parallel litigation should be based on a close examination of the legitimacy of the litigants' motives, which should then be balanced against negative effects. In this comparative study of the parallel litigation practice in the United States and Japan, the contrast between the two countries is attributed to the underlying differences in each country's social and legal traditions. Despite the differences in their practice, however, each legal system offers a model that may be successfully adopted by the other …

Taking A Deposition Under North Carolina Law, G. Nicholas Herman

North Carolina Central Law Review

No abstract provided.

Nafta's Procedural Narrow-Mindedness: The Panel Review Of Antidumping And Countervailing Duty Determinations Under Chapter Nineteen, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.

The Illusion Of Due Process In West Virginia's Property Tax Appeals System: Making The Constitution's Promise A Reality, Michael E. Caryl

West Virginia Law Review

No abstract provided.

Confronting The Consolidation Conundrum, Richard L. Marcus

BYU Law Review

No abstract provided.

The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn

BYU Law Review

No abstract provided.

Exorcising The Evil Of Forum-Shopping, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Most of the business of litigation comprises pretrial disputes. A common and important dispute is over where adjudication should take place. Civil litigators deal with nearly as many change-of-venue motions as trials. The battle over venue often constitutes the critical issue in a case.

The American way is to provide plaintiffs with a wide choice of venues for suit. But the American way has its drawbacks. To counter these drawbacks, an integral part of our court systems, and in particular the federal court system, is the scheme of transfer of venue "in the interest of justice." However, the leading evaluative …

Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii

BYU Law Review

No abstract provided.

Antisuit Injunction And Notice Of Intervention And Preclusion: Complementary Devices To Prevent Duplicative Litigation, Edward F. Sherman

BYU Law Review

No abstract provided.

The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark

BYU Law Review

No abstract provided.

Antisuit Injunctions Under The Complex Litigation Proposal: Harmonizing The Sirens' Song Of Efficiency And Fairness With The Hymn Of Judicial Federalism And Comity, Paul W. Werner

BYU Law Review

No abstract provided.

Selected Provisions Of The Ali Complex Litigation Proposal: Statutory Recommendations & Reporter's Study

BYU Law Review

No abstract provided.

Miller V. Arkansas: Criminals Beware! Arkansas Uses An Objective Approach In Evaluating Pretextual Traffic Stops, Jason Watson

Mercer Law Review

In Miller v. Arkansas, the Arkansas Court of Appeals had to decide whether an officer's subjective intent would make an otherwise legitimate traffic stop and ensuing search pretextual. In December 1991, a confidential informant told Arkansas state police officer Roger Ahlf that Roger Miller was a cocaine dealer and was driving a black van on a suspended driver's license. After verifying this information, Officer Ahlf stopped Miller for driving on a suspended license. Ahlf then frisked Miller for weapons. During the frisk, the officer found an address book that contained less than 1.5 grams of marijuana residue. The officer …

A Tale Of Two Fora: Fresh Challenges In Defending Multijurisdictional Claims, Janet Walker

Osgoode Hall Law Journal

This article analyzes recent developments in the Canadian common law of forum non conveniens as it is invoked in applications for stays and injunctions. It reviews the findings of the Supreme Court of Canada in Amchem and the Court of Appeal for Ontario in Frymer as they relate to the onus in stay applications, the significance of the plaintiffs loss of advantage and the special considerations applying to injunctions. The possibility of rationalizing the interprovincial application of the doctrine brought about by the Supreme Court's recent choice of law ruling in Tolofson is considered as are specific examples of the …

The Fourth Amendment's Forcing Of Flawed Choices: Giving Content To Freedom For Residents Of Public Housing - Pratt V. Chicago Housing Authority, 848 F. Supp. 792 (N.D. Ill. 1994), Erika George

Faculty Scholarship

In April 1994, the United States District Court for the Northern District of Illinois issued a preliminary injunction halting the "Operation Clean Sweep" program operated by the Chicago Housing Authority ("CHA"). ³ The court did so over the protestations of some of those most affected, the public housing residents subjected to the CHA's searches. ⁴ Pratt v. Chicago Housing Authority⁵ attracted the attention of the nation and President William Clinton, who requested that the Justice Department investigate ways to strengthen security in public housing without offending the Fourth and Fourteenth Amendments of the United States Constitution.

Civil libertarians applauded …

United Mine Workers V. Bagwell: New Restrictions On Severe Civil Contempt Fines, Gretchen Callas

West Virginia Law Review

No abstract provided.

The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi

Cornell Law Faculty Publications

This Essay surveys three major transformations in state and federal rules of evidence since the introduction of the Federal Rules of Evidence. The Rules have not only inspired a movement toward codification in the states, they have also liberalized the admission of expert testimony and hearsay. This partially explains thirteen states' reluctance to codify. Judges have furthered this trend by admitting far more discretionary hearsay evidence than Congress intended. Professor Rossi doubts this expansion of the hearsay exceptions would have occurred without the adoption of the FRE and suggests that the newly formed Advisory Committee will produce greater substantive changes …

Politics And The Judiciary: The Influence Of Judicial Background On Case Outcomes, Orley Ashenfelter, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications

It is widely believed that the background and worldview of judges influence their decisions. This article uses the fact that judges are assigned their cases randomly to assess the effect of judicial background on the outcome of cases from the day-to-day docket in three federal trial courts. Unlike the political science findings of ideological influence in published opinions, we find little evidence that judges differ in their decisions with respect to the mass of case outcomes. Characteristics of the judges or the political party of the judge's appointing president are not significant predictors of judicial decisions.

Attorneys' Fees For Contractual Non-Signatories Under California Civil Code 1717: A Remedy In Search Of A Rationale, Robert S. Miller

San Diego Law Review

California courts have altered the American Rule for attorney’s fees in contract actions pursuant to California Civil Code Section 1717, which makes contractual fee shifting provisions reciprocal. The Author illustrates some of the problems with this section and how it has led to inequitable and unpredictable results. This Article argues that the statute should be revised in order to clarify that contractual fee-shifting applies only to signatories to the contract.

Civil Commitment And The "Great Confinement" Revisited: Straightjacketing Individual Rights, Stifling Culture, William Hoffman Pincus

William & Mary Law Review

No abstract provided.

Washington Courts Get Stingy: Improper Denial Of Attorney's Fees Under 42 U.S.C. §§ 1983 And 1988, Brian Buckley

Washington Law Review

42 U.S.C. §§ 1983 and 1988 allow persons to challenge state laws that violate their federal constitutional rights and to recover their attorney's fees should they prevail. This Comment analyzes two recent Washington cases in which the plaintiffs were denied fee recoveries despite having successfully challenged state statutes. This Comment then argues that fee awards should have been granted in both cases and that in the future fee awards should rarely be denied when plaintiffs invalidate state law under §§ 1983 and 1988.

Portia's Daughters: The Role Of The Individual Litigant In Developing European Community Sex Discrimination Law, Holly Cullen, Andrew Charlesworth

West Virginia Law Review

No abstract provided.