Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (1485)
- Litigation (1199)
- Civil Law (1051)
- Constitutional Law (966)
- Jurisdiction (754)
-
- State and Local Government Law (747)
- Criminal Procedure (711)
- Torts (688)
- Supreme Court of the United States (616)
- Jurisprudence (615)
- Judges (554)
- Legislation (550)
- Administrative Law (539)
- Evidence (528)
- Criminal Law (509)
- Dispute Resolution and Arbitration (499)
- Civil Rights and Discrimination (498)
- Legal History (487)
- Contracts (473)
- International Law (471)
- Business Organizations Law (447)
- Conflict of Laws (443)
- Family Law (436)
- Law and Society (429)
- Legal Remedies (404)
- Law and Politics (393)
- Legal Profession (393)
- Other Law (388)
- Institution
-
- University of Michigan Law School (608)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (383)
- West Virginia University (295)
- University of Richmond (263)
- Seattle University School of Law (254)
-
- Washington and Lee University School of Law (229)
- University at Buffalo School of Law (184)
- University of Washington School of Law (170)
- Maurer School of Law: Indiana University (164)
- William & Mary Law School (156)
- Villanova University Charles Widger School of Law (140)
- Touro University Jacob D. Fuchsberg Law Center (139)
- University of Kentucky (136)
- Universitas Indonesia (126)
- University of Georgia School of Law (122)
- Pepperdine University (119)
- Cornell University Law School (115)
- Fordham Law School (109)
- UIC School of Law (104)
- University of Oklahoma College of Law (97)
- University of Maryland Francis King Carey School of Law (91)
- Brigham Young University Law School (89)
- The University of Akron (89)
- Roger Williams University (88)
- St. Mary's University (85)
- Texas A&M University School of Law (80)
- Mercer University School of Law (79)
- Cleveland State University (72)
- UC Law SF (70)
- University of Maine School of Law (68)
- Keyword
-
- Civil procedure (522)
- Federal Rules of Civil Procedure (376)
- Civil Procedure (294)
- Discovery (185)
- Jurisdiction (181)
-
- Litigation (141)
- Class actions (136)
- Federal courts (121)
- Supreme Court (103)
- Procedure (93)
- Juries (92)
- Evidence (91)
- Personal jurisdiction (87)
- Due process (86)
- Courts (85)
- Pleading (81)
- Standing (77)
- Class action (75)
- Arbitration (70)
- Constitution (61)
- Rule 23 (61)
- New York (60)
- Constitutional law (59)
- Federal Courts (59)
- Law (59)
- Civil rights (58)
- Pleadings (58)
- Remedies (58)
- United States Supreme Court (56)
- Judges (52)
- Publication Year
- Publication
-
- Michigan Law Review (418)
- Faculty Scholarship (332)
- West Virginia Law Review (293)
- Nevada Supreme Court Summaries (259)
- Seattle University Law Review (228)
-
- Buffalo Law Review (169)
- Scholarly Works (156)
- Articles (146)
- Washington Law Review (144)
- Faculty Publications (141)
- University of Richmond Law Review (130)
- Law Faculty Publications (123)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Touro Law Review (120)
- Villanova Law Review (1956 - ) (116)
- Kentucky Law Journal (115)
- Washington and Lee Law Review (111)
- Cornell Law Faculty Publications (104)
- Indiana Law Journal (90)
- UIC Law Review (83)
- Faculty Articles (81)
- BYU Law Review (79)
- Mercer Law Review (78)
- Pepperdine Law Review (78)
- Akron Law Review (72)
- Fordham Law Review (72)
- Supreme Court Case Files (70)
- St. Mary's Law Journal (69)
- Articles by Maurer Faculty (65)
- Maine Law Review (64)
- Publication Type
- File Type
Articles 4351 - 4380 of 6670
Full-Text Articles in Civil Procedure
From Verdict To Judgment: The Evolution, Confusion And Reformation Of Cplr Articles 50-A And 50-B, Stephanie L. Argentine
From Verdict To Judgment: The Evolution, Confusion And Reformation Of Cplr Articles 50-A And 50-B, Stephanie L. Argentine
Buffalo Law Review
No abstract provided.
Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett
Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett
Brigham Young University Journal of Public Law
No abstract provided.
The Transformation Of Trans-Substantivity, Carl Tobias
The Transformation Of Trans-Substantivity, Carl Tobias
Washington and Lee Law Review
No abstract provided.
Appellate Practice And Procedure, Kathryn L. Allen, William M. Droze
Appellate Practice And Procedure, Kathryn L. Allen, William M. Droze
Mercer Law Review
This survey Article tracks the 1991 developments in appellate practice and procedure for the United States Court of Appeals for the Eleventh Circuit.
- Jurisdiction
- Standard of Review
- Waiver of Right to Appellate Consideration and Harmless Error
- Miscellaneous Issues: Authority of the Court of Appeals
Trial Practice And Procedure, Benton J. Mathis Jr., Leigh C. Lawson
Trial Practice And Procedure, Benton J. Mathis Jr., Leigh C. Lawson
Mercer Law Review
This Article surveys the 1991 decisions of the Eleventh Circuit Court of Appeals that made a significant impact upon the area of trial practice and procedure. One of the most important developments in this area of law occurred in the case Wright v. Preferred Research, Inc. In Wright the Eleventh Circuit examined closely Federal Rule of Civil Procedure 58 and, in a case of first impression, held that when a district court amends a judgment, Rule 58 did not require that a separate document, setting out the terms of the remitted judgment, be entered before the time for the appeal …
Trial By Jury Or Judge: Transcending Empiricism, Kevin M. Clermont, Theodore Eisenberg
Trial By Jury Or Judge: Transcending Empiricism, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
Pity the civil jury, seen by some as the sickest organ of a sick system. Yet the jury has always been controversial. One might suppose that, with so much at stake for so long, we would all know a lot about the ways juries differ from judges in their behavior. In fact, we know remarkably little. This Article provides the first large-scale comparison of plaintiff win rates and recoveries in civil cases tried before juries and judges. In two of the most controversial areas of modern tort law--product liability and medical malpractice--the win rates substantially differ from other cases' win …
Jury Instructions On Joint And Several Liability In Washington State, Julie K. Weaver
Jury Instructions On Joint And Several Liability In Washington State, Julie K. Weaver
Washington Law Review
Neither the Washington Legislature nor the Washington Supreme Court has addressed the issue of instructing a jury on Washington's doctrine of modified joint and several liability and its effects. Historically, most states prevented courts from instructing juries on the effects of their answers to special verdicts. Washington, however, has no history of keeping a jury uninformed of the effects of its answers. This Comment concludes that Washington courts should continue the practice of informing juries of the effects of their answers and instruct juries on joint and several liability and its effects.
Equity Renewed: Preliminary Injunctions To Secure Potential Money Judgments, Rhonda Wasserman
Equity Renewed: Preliminary Injunctions To Secure Potential Money Judgments, Rhonda Wasserman
Washington Law Review
Whenever a plaintiff sues a defendant for money damages, she runs the risk that the defendant will attempt to render herself unable to satisfy the expected money judgment by hiding or dissipating assets. Although most states have statutes that authorize prejudgment attachment of the defendant's assets to prevent this result, the attachment statutes are poorly designed to reduce the plaintiff's risk. The attachment statutes are both under- and over-inclusive: they do not authorize the attachment of property located outside the state, thereby failing to prevent the dissipation of all of the defendant's property, yet they grant the plaintiff a lien …
Inside The Quiet Revolution In Products Liability, Theodore Eisenberg, James A. Henderson Jr.
Inside The Quiet Revolution In Products Liability, Theodore Eisenberg, James A. Henderson Jr.
Cornell Law Faculty Publications
"A bullet in the head of products liability reform." Thus did a lobbyist orally characterize our article in this law review, The Quiet Revolution in Products Liability, describing declining plaintiff success in products liability cases in the 1980s. From the coverage and criticism the Quiet Revolution received around the country and around the world, the trends we discovered struck many as surprising enough to be newsworthy and others as sufficiently threatening to warrant a special response. Products liability's sustained presence on state and federal legislative agendas warrants continuing and expanding the study begun in the Quiet Revolution.
This …
Section 1367: Another Party Heard From, Joan E. Steinman
Section 1367: Another Party Heard From, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
The Congressional Subpeona: Power, Limitations And Witness Protection, Christopher F. Corr, Gregory J. Spak
The Congressional Subpeona: Power, Limitations And Witness Protection, Christopher F. Corr, Gregory J. Spak
Brigham Young University Journal of Public Law
No abstract provided.
Case Comments: Civil And Criminal Procedure And Sentencing
Case Comments: Civil And Criminal Procedure And Sentencing
Washington and Lee Law Review
No abstract provided.
Reconsidering Rule 11, Carl Tobias
Reconsidering Rule 11, Carl Tobias
University of Miami Law Review
No abstract provided.
Reconceptualizing Sovereign Immunity, Harold J. Krent
Reconceptualizing Sovereign Immunity, Harold J. Krent
All Faculty Scholarship
No abstract provided.
Florida's Equal Access To Justice Act: How The Courts And Doah Have Interpreted It, Mary W. Chaisson
Florida's Equal Access To Justice Act: How The Courts And Doah Have Interpreted It, Mary W. Chaisson
Florida State University Law Review
No abstract provided.
Separating The Objective, The Subjective, And The Speculative: Assessing Compensatory Damages In Fair Housing Adjudications, 26 J. Marshall L. Rev. 3 (1992), Alan W. Heifetz, Thomas C. Heinz
Separating The Objective, The Subjective, And The Speculative: Assessing Compensatory Damages In Fair Housing Adjudications, 26 J. Marshall L. Rev. 3 (1992), Alan W. Heifetz, Thomas C. Heinz
UIC Law Review
No abstract provided.
Power And Legal Artifice: The Federal Class Action, Bryant Garth
Power And Legal Artifice: The Federal Class Action, Bryant Garth
Articles by Maurer Faculty
Using case studies and interviews with lawyers and representatives in class actions, this article explores the contribution that class actions make to their ostensible beneficiaries. The article first distinguishes the major types of class actions in terms of the roles of lawyers and class representatives, ranging from very passive representatives to individuals intensively involved with the dispute that gave rise to the litigation. The article next seeks to evaluate the class actions. On the basis of the results of the class actions, the article finds that class actions cannot be proclaimed major contributors to social change. The focus on results, …
Civil Forfeiture Of Property For Drug Offenders Under Illinois And Federal Statute: Zero Tolerance, Zero Exceptions, 25 J. Marshall L. Rev. 389 (1992), T. J. Hiles
UIC Law Review
No abstract provided.
The Hourglass And Due Process: The Propriety Of Time Limits On Civil Trials, John E. Rumel
The Hourglass And Due Process: The Propriety Of Time Limits On Civil Trials, John E. Rumel
Articles
No abstract provided.
Conducting Informal Discovery Of A Party's Former Employees: Legal And Ethical Concerns And Constraints, Susan J. Becker
Conducting Informal Discovery Of A Party's Former Employees: Legal And Ethical Concerns And Constraints, Susan J. Becker
Maryland Law Review
No abstract provided.
Civil Procedure - A Corporation's Waiver Of The Attorney-Client Privilege And Work-Product Doctrine, Thomas E. Smallman
Civil Procedure - A Corporation's Waiver Of The Attorney-Client Privilege And Work-Product Doctrine, Thomas E. Smallman
Villanova Law Review (1956 - )
No abstract provided.
Immunity Under 42 U.S.C. § 1983: Interpretive Approach And The Search For The Legislative Will, David J. Achtenberg
Immunity Under 42 U.S.C. § 1983: Interpretive Approach And The Search For The Legislative Will, David J. Achtenberg
Faculty Works
The Supreme Court has long struggled with immunity under 42 U.S.C. § 1983. Section 1983 is the principal statutory vehicle used to remedy constitutional violations committed by state and local officials. Expansion or contraction of official immunity under the statute effectively decreases or increases officials' incentives to avoid those violations. A broader immunity doctrine will lead to more constitutional violations. However, it will also lead to a greater willingness to attempt potentially useful innovations whose constitutionality has not yet been determined. A narrower immunity doctrine will reduce the number of constitutional violations. However, it will reduce officials' willingness to experiment. …
Sanctions, Symmetry, And Safe Harbors: Limiting Misapplication Of Rule 11 By Harmonizing It With Pre-Verdict Dismissal Devices, Jeffrey W. Stempel
Sanctions, Symmetry, And Safe Harbors: Limiting Misapplication Of Rule 11 By Harmonizing It With Pre-Verdict Dismissal Devices, Jeffrey W. Stempel
Scholarly Works
With only a small risk of overstatement, one could say that sanctions in civil litigation exploded during the 1980s, with the 1983 amendment to Federal Rule of Civil Procedure 11 acting as the principal catalyst. From 1938 until the 1983 amendment, only two dozen or so cases on Rule 11 were reported, with courts rarely imposing sanctions. Although a few cases were notable by virtue of sanction size, prestige of the firm sanctioned, or publicity attending the underlying case, the legal profession largely regarded Rule 11 as a dead letter. In addition, other sanctions provisions, such as Federal Rule of …
International Judicial Assistance, Christopher L. Blakesley
International Judicial Assistance, Christopher L. Blakesley
Scholarly Works
The general or even specialized practitioner faces serious difficulties as the world shrinks and the practice of law frequently transcends international boundaries. In the civil and commercial arena, issues of discovery and service of documents abroad, others relating to judicial assistance from foreign courts, available to American courts or individual litigants, and assistance available from American courts for foreign governments and individual litigants, can be mindboggling. In an age where transnational litigation (that is, domestic litigation that touches upon one or more foreign jurisdictions) is rapidly increasing, counsel could be guilty of malpractice if counsel takes action abroad that proves …
Amending The Other Party Joinder Amendments, Carl W. Tobias
Amending The Other Party Joinder Amendments, Carl W. Tobias
Law Faculty Publications
Comparatively little controversy attended the semi-annual meeting of the Civil Rules Advisory Committee which was held in late November, 1991. During that meeting, however, the Committee preliminarily considered the prospect of amending Federal Rule of Civil Procedure 23, which governs class actions.
The Advisory Committee is now contemplating possible revision of Rule 23 governing class actions. If that effort proceeds, the Committee should seriously consider reexamining Rules 19 and 24(a)(2), the other two party joinder provisions that were simultaneously changed and integrated with Rule 23 more than a quarter-century ago. This would enable the Committee to propose an integrated package …
The New Supplemental Jurisdiction Statute--Flawed But Fixable, Wendy Collins Perdue
The New Supplemental Jurisdiction Statute--Flawed But Fixable, Wendy Collins Perdue
Law Faculty Publications
A critique of the newly enacted 28 U.S.C. § 1367, which delineated the circumstances under which federal courts could rule on additional claims related to the one that is the basis of federal jurisdiction.
Reconsidering Rule 11, Carl W. Tobias
Reconsidering Rule 11, Carl W. Tobias
Law Faculty Publications
The Advisory Committee on the Civil Rules recently proposed that the Supreme Court and Congress amend Federal Rule of Civil Procedure 11. 1 The Rule, as revised in 1983, has been the most controversial amendment in the half-century history of the Federal Rules. Judges have inconsistently applied the 1983 revision, and it has engendered much expensive satellite litigation. Considerable evidence suggests that Rule 11 activity has chilled civil rights plaintiffs and attorneys. These difficulties led the Advisory Committee to initiate a study of the Rule in August of 1990, to solicit written public comments on its operation which were due …
Civil Rights Conundrum, Carl W. Tobias
Civil Rights Conundrum, Carl W. Tobias
Law Faculty Publications
As a case study of the impediments imposed by the revised F.R.C.P. Rule 11 in civil rights litigation, Professor Tobias relates the story of the Robeson County, N.C. prosecution of Eddie Hatcher and Timothy Jacobs, their subsequent civil rights action, and the ensuing Rule 11 sanctions imposed upon their counsel, as reported in In re Kunstler, 914 F.2d 505 (4th Cir. 1990).
Civil Rights Procedural Problems, Carl W. Tobias
Civil Rights Procedural Problems, Carl W. Tobias
Law Faculty Publications
Congress passed the Civil Rights Act of 1991 primarily to modify numerous Supreme Court opinions of the 1988 Term that jeopardized the rights of minorities and women. Particularly striking about those Supreme Court cases was the number which involved procedural questions and process values. These included the timing of litigation, both when employment discrimination victims must commence actions and when non-parties can reopen civil rights cases resolved through consent decrees; litigant responsibility for the expense of lawsuits; and proof requirements.
Most of the procedural developments in civil rights and employment discrimination litigation of the 1988 Term, however, were only recent …
The Role Of Local Control In School Finance Reform, Richard Briffault
The Role Of Local Control In School Finance Reform, Richard Briffault
Faculty Scholarship
Local control is a puzzle, or rather, a series of related puzzles that has both structured and hindered the uncertain development of school finance reform. The first puzzle is really a paradox: courts and commentators generally assume that local control of education exists, that it is a basic organizational principle of American public elementary and secondary education, and a norm that must be taken into account when the existing school finance system is challenged. Yet for the law of local government generally, local control is the exception, not the rule. The ground rule of state-local relations is state control and …