Civil Procedure Commons^™

Busting The Hart & Wechsler Paradigm, Michael L. Wells

Scholarly Works

Federal Courts law was once a vibrant area of scholarship and an essential course for intellectually ambitious students. Now its prestige has diminished so much that scholars debate its future in a recent issue of the Vanderbilt Law Review, where even one of its champions calls it (albeit in the subjunctive mood) a “scholarly backwater.” What, if anything, went wrong, and what should Federal Courts scholars do about it? In his contribution to the Vanderbilt symposium, Richard Fallon defends the reigning model of Federal Courts law, an approach to jurisdictional issues that dates from the publication in 1953 of Henry …

Common Sense And Other Legal Reforms, Carl W. Tobias

Law Faculty Publications

Enactment of Congress' proposed Common Sense Legal Reforms Act (CSLRA) would impose procedural and substantive reforms that could significantly affect much federal civil litigation and could have substantial systemic impacts on the civil justice process. For instance, the measure's advocates drafted and introduced the proposed legislation with little apparent appreciation for how it might conflict with a number of ongoing public and private reform initiatives, such as an earlier Congress's Civil Justice Reform Act of 1990 and the American Law Institute's efforts to adopt a Third Restatement of Torts governing products liability.

The bill's enactment, therefore, could additionally complicate the …

Refining Federal Civil Justice Reform In Montana, Carl W. Tobias

Law Faculty Publications

The Civil Justice Reform Act of 1990 (CJRA) has reached the mid-point of its implementation nationally and in the Montana Federal District Court. At this juncture, one of the most important aspects of statutory effectuation is evaluation of the experimentation that federal district courts have conducted under the legislation. The timing is particularly propitious in the Montana federal district because the court recently completed the annual assessment of statutory implementation that the CJRA requires. These developments in civil justice reform, particularly relating to evaluation of the experimentation which has occurred, warrant examination. This Article undertakes that effort.

The Article first …

Studying Montana State Civil Justice Reform, Carl W. Tobias

Law Faculty Publications

Several years ago in the pages of this journal, I asked and attempted to answer the question whether the 1993 session of the Montana Legislature should adopt a civil justice reform act. The article initially afforded a brief analysis of the problems in federal civil litigation that prompted the United States Congress to pass the Civil Justice Reform Act (CJRA) of 1990. I next evaluated whether the state legislature in Montana should enact similar legislation which would govern civil litigation in the state court system. Because there were relatively few important reasons for adopting a measure covering civil justice reform …

Why Congress Should Reject Revision Of Rule 11, Carl W. Tobias

Law Faculty Publications

The United States House of Representatives recently passed the Attorney Accountability Act of 1995. Section 2 of the measure would modify existing Federal Rule of Civil Procedure 68 by prescribing two-way fee-shifting in diversity cases. Section 3 of the bill would amend Federal Rule of Evidence 702 in ways that limit expert testimony, ostensibly to increase “honesty in testimony.” Section 4 of the legislation would substantially revise the 1993 amendment of Federal Rule of Civil Procedure 11, effectively returning to the 1983 version of the provision. This essay emphasizes section 4 of the Attorney Accountability Act, because I believe that …

Corruption Of The Class Action: The New Technology Of Collusion, John C. Coffee Jr.

Faculty Scholarship

Professor Coffee's article, an oral version of which was given at the Cornell Mass Torts conference, is appearing in the Columbia Law Review. However, because commentators in this volume have responded to it, he has authorized the following summary of his views.

Lesnick V. Hollingsworth & Vose Co. - The Pure Stream Of Commerce No Longer Flows Through The Fourth Circuit, Lori Elizabeth Jones

University of Richmond Law Review

Personal jurisdiction over nonresidents in a forum state has been problematic in our federal system for quite some time. Today, in order to establish personal jurisdiction over a nonresident defendant, the nonresident must have minimum contacts with the forum state. While the test may be stated succinctly, determining whether a person or corporation has minimum contacts with the forum state is an extremely complex process, as seen in the line of personal jurisdiction cases following International Shoe Co. v. Washington.

The December 1993 Amendments To The Federal Rules Of Civil Procedure--A Critical Analysis, Leslie M. Kelleher

Touro Law Review

No abstract provided.

Clinging To History: The Supreme Court (Mis)Interprets Federal Rule Of Evidence 801(D)(1)(B) As Containing A Temporal Requirement, Christopher A. Jones

University of Richmond Law Review

The adoption of the Federal Rules of Evidence (the Rules) resulted in a more liberal standard for the admission and use of various forms of evidence. For example, the Rules altered the definition of "relevant evidence" increasing the scope of evidence that can be presented to a jury. Also, the Rules per- mit prior inconsistent statements to be admitted as substantive evidence rather than for impeachment purposes only. The Advisory Committee enunciated these changes, and other changes resulting from the adoption of the Rules, in their notes accompanying the Rules.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Civil Practice And Procedure, Donald P. Boyle Jr.

University of Richmond Law Review

In Burroughs v. Palumbo, defendant was served with process through the Secretary of the Commonwealth. The grounds of defense was due to be filed on September 22, 1994. On September 29, 1994, defendant filed the notice of removal in federal court. On September 30, 1994, the state court entered default judgment against defendant. Later that same day, defendant filed the notice of removal with the state court. Between the time that defendant filed the notice of removal in federal court and the time that he filed it with the state court, both courts had jurisdiction over the case; therefore the …

Fugitives And Forfeiture--Flouting The System Or Fundamental Right?, N. Brock Collins

Kentucky Law Journal

No abstract provided.

Defining Excessiveness: Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States, Sarah N. Welling, Medrith Lee Hager

Kentucky Law Journal

No abstract provided.

In Re Vtwm And Other Similarly Situated Youth, 94-Ap-24 (Blkft. Tr. Ct. App., Oct. 27, 1994), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court granted a Writ of Habeas Corpus, on behalf of several incarcerated youth. The Court reasoned that resolution 254-93 did not repeal Ch. 7 of the Blackfeet Law and Order Code nor did the resolution enact a new Juvenile Code as law. Under the then Juvenile Code, detention of juveniles beyond their initial order of detainment, without a properly filed petition for further detainment, was unlawful. The Juveniles rights were violated by not holding a hearing each time detention order was granted.

On War And Justice, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

New Wine In An Old Bottle—Arkansas's Liberalized Class Action Procedure—A Boon To The Consumer Class Action?, Kenneth S. Gould

University of Arkansas at Little Rock Law Review

No abstract provided.

Statutory Post-Judgment Interest: The Effect Of Legislative Changes After Judgment And Suggestions For Construction, Brian P. Miller

BYU Law Review

No abstract provided.

Prosecutorial Immunity: Imbler, Burns, And Now Buckley U. Fitzsimmons-The Supreme Court's Attempt To Provide Guidance In A Difficult Area, Jeffery J. Mckenna

BYU Law Review

No abstract provided.

A Progress Report In Automatic Disclosure In The Federal Districts, Carl W. Tobias

Law Faculty Publications

In this brief article, Tobias gives an update on a controversial amendment in the Federal Rules of Civil Procedure, which provides for mandatory prediscovery, or automatic, disclosure. This articles serves to update readers on developments and clarifications since the author's previous article on the subject, published half a year earlier.

Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

Scholarly Articles

Not available.

Civil Contempt And The Rational Contemnor, Linda S. Beres

Indiana Law Journal

No abstract provided.

Fisons: Will It Tame The Beast Of Discovery Abuse?, Barbara J. Gorham

Washington Law Review

In WSPIEA v. Fisons, the Washington Supreme Court held that evasive and misleading discovery tactics violate Civil Rule 26(g). This Note examines the discovery tactics used in Fisons against the backdrop of the historic failure of courts to impose adequate sanctions for discovery abuse. It argues that courts must do more to deter discovery abuse by clearly articulating the requirements of the rules governing discovery, imposing severe sanctions for discovery abuse, and closely monitoring discovery in large, complex cases.

Civil Procedure: Other Disciplines, Globalization, And Simple Gifts, Gene R. Shreve

Michigan Law Review

A Review of American Civil Procedure: An Introduction by Geoffrey C. Hazard, Jr. and Michele Taruffo

Pragmatism Applied: Imagining A Solution To The Problem Of Court Congestion, Michael L. Seigel

UF Law Faculty Publications

Can we improve the efficiency of jury trials? If so, would this reduce the problem of court congestion? Is there any reason to favor this approach over those that seek to avoid jury trials altogether?

This Article attempts to answer these difficult questions. It does so by articulating and then employing a methodology suggested by recent scholarly ruminations about the philosophy of pragmatism and its implications for legal scholarship and practice. Although pragmatism does not provide "right answers" to questions of legal doctrine-indeed, it rejects the notion that such things exist-it does provide some guidance in formulating the search for …

Perceptions Of Civil Justice: The Litigation Crisis Attitudes Of Civil Jurors, Valerie P. Hans, William S. Lofquist

Cornell Law Faculty Publications

Public perceptions that the civil justice system is in crisis are apparently widespread, but little is known about the causes or correlates of such views. This article analyzes the litigation crisis attitudes of a sample of civil jurors. Like the public, jurors endorsed a number of statements suggesting that there is a litigation crisis. Factor analysis identified two independent components: general concern over excessive litigation, and criticism of the civil jury. Litigation crisis views were found in all demographic and attitudinal subgroups. However, attitudes about the civil justice system were related to the respondent's political efficacy, claims consciousness, belief in …

The Iron Law Of Full Faith And Credit, William L. Reynolds

Faculty Scholarship

No abstract provided.

The Straight-Line Method Of Determining Personal Jurisdiction, John M. Brumbaugh, William L. Reynolds

Faculty Scholarship

No abstract provided.

Mandatory Disclosure And Local Abrogation: In Search Of A Theory For Optional Rules, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Reform Aspirations Of The Complex Litigation Project, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Practicing Public Interest Law In A Private Public Interest Law Firm: The Ideal Setting To Challenge The Power, Debra S. Katz, Lynne Bernabei

West Virginia Law Review

No abstract provided.