Civil Procedure Commons^™

Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman

Articles

The invitation to respond in these pages to Gary Lawson's very interesting article, Proving the Law, was tempting enough. But what made it irresistible was Professor Lawson's comment that he is "addressing, with a brevity that borders on the irresponsible, subjects well beyond [his] depth." Now, that's the kind of debate I really like. Let me jump right in. A principal question raised by Lawson, which I find quite interesting, may be phrased in general, and purposefully ambiguous, terms as follows: Before an actor treats a proposition as a valid2 proposition of law, what standard of persuasion should that proposition …

Settling For A Judge: A Comment On Clermont And Eisenberg, Samuel R. Gross

Articles

Trial by Jury or Judge: Transcending Empiricism,1 by Kevin Clermont and Theodore Eisenberg, is not only an important article, it is unique. To most Americans, trial means trial by jury. In fact, over half of all federal trials are conducted without juries2 (including 31% of trials in cases in which the parties have the right to choose a jury3), and the proportion of bench trials in state courts is even higher.4 And yet, while there is a large literature on the outcomes of jury trials and the factors that affect them,5 nobody else has systematically compared trials by jury to …

Civil Practice, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

During the Survey year seventeen articles of the CPLR were amended and three new articles were added. Also, effective December 1, 1991, Congress has approved important amendments to the Federal Rules of Civil Procedure, Civil Justice Expenses and Delay Reduction Plans were adopted by the Board of Judges of the Southern and Eastern Districts of New York. Additionally, there have been significant developments in the decisional law of discovery, statute of limitations, sanctions, and res judicata. These and other areas should be of interest to the practitioner.

Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, A. William Charters

University of Richmond Law Review

This article reviews recent developments and changes in legislation, case law, and Virginia Supreme Court Rules affecting civil litigation. Its scope does not extend to criminal procedure or to topics unique to equity practice.

Civil Justice Reform And The Balkanization Of Federal Civil Procedure, Carl W. Tobias

Law Faculty Publications

The recent civil war ripping apart Yugoslavia is a trenchant reminder of the horrors of balkanization. Without trivializing the Yugoslavian experience, the term balkanization usefully applies to developments in American federal civil procedure that now threaten the continued viability of a uniform, simple system of procedure. Thirty-four federal courts' nascent implementation of the Civil Justice Reform Act (CJRA) of 1990 will exacerbate these developments; indeed, if the remaining sixty districts that must issue civil justice expense and delay reduction plans by December 1993 fail to halt this trend, the Act will further fragment procedure. This article cautions those responsible for …

Judicial Oversight Of Civil Justice Reform, Carl W. Tobias

Law Faculty Publications

Thirty-four Early Implementation District Courts have recently taken steps to implement the Civil Justice Reform Act of 1990 by issuing civil justice plans premised on reports that their advisory groups assembled. An important component of this unprecedented nationwide examination of the condition of the federal trial courts has now moved to the phase in which circuit committees and the Judicial Conference will review the reports and the plans. If the national experiment in reform of the civil justice system is to reduce expense and delay in civil litigation, the circuit committees and the Judicial Conference must completely and carefully evaluate …

Legal Lore: Sin, Scandal, And Substantive Due Process, Wendy Collins Perdue

Law Faculty Publications

For students of civil procedure, the names Pennoyer and Neff evoke these dry facts: In an initial suit, one J.H. Mitchell sued Neff in Oregon state court. Because Neff could not be found within Oregon, he was served by pub- lication. Neff never appeared, and a default judgment was entered against him. To satisfy the judgment, Mitchell attached Neff's Oregon real estate. The property was sold at auction, and Pennoyer later acquired it. Nearly a decade later, Neff returned to Oregon and brought suit in federal court to evict Pennoyer from the land, claiming that the original judgment was invalid. …

Why Vosburg Comes First, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Jurors' Judgments Of Business Liability In Tort Cases: Implications For The Litigation Explosion, Valerie P. Hans, William S. Lofquist

Cornell Law Faculty Publications

Criticisms of the civil jury, including charges that the jury is biased against business, have been central to debates over the litigation explosion and demands for tort reform. This article seeks to inform these ongoing controversies by examining tort jurors' accounts of how they reached decisions in cases with business parties. Interviews and questionnaire data showed that jurors were skeptical of plaintiff tort cases against businesses, organized their accounts more on the actions and motivations of plaintiffs than on the responsibilities of business, and spoke often of the litigation crisis and the importance of limiting awards.

Examining Didonato'S Damage Limitations And Mandatory Joinder Requirements - Greer V. Parsons, John M. Mccabe

Campbell Law Review

This Note will outline the evolution of wrongful death actions, with particular attention being given to the inclusion of unborn children under the providing statutes. It also traces North Carolina's legislative and judicial treatment of wrongful death actions. Next, the Note will discuss the inconsistencies created by ruling that pecuniary loss and loss of society and companionship cannot be recovered as a matter of law in a wrongful death action brought on behalf of viable fetus. It will argue that instead ,of limiting recovery as a matter of law, such damages should be addressed on a case-by-case basis and the …

Restoring The Common In The Law: Proposal For The Elimination Of Rules Prohibiting The Citation Of Unpublished Decisions In Kansas And The Tenth Circuit, Mark D. Hinderks, Steve A. Leben

Faculty Works

No abstract provided.

Book Review. The Premature Burial Of The Irreparable Injury Rule, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.

Rules And Regulations

Touro Law Review

No abstract provided.

Codification Of Supplemental Jurisdiction: Anatomy Of A Legislative Proposal, Arthur D. Wolf

Faculty Scholarship

The historic nature of congressional action in codifying supplemental jurisdiction in section 1367 calls for a close examination of the legislative process and product. Section I of this Article presents a brief survey of the development of supplemental jurisdiction. Section II examines the history of the legislative process that produced section 1367. Section III contains a preliminary review of judicial decisions under the new supplemental jurisdiction statute. The Article concludes with some editorial remarks regarding the statute and the process by which it became public law.

Work Product Rejected: A Reply To Professor Allen, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

This article responds to Professor Ronald Allen's Work Product Revisited: A Comment on Rethinking Work Product.

Rule Revision Roundelay, Carl W. Tobias

Law Faculty Publications

A critique of the proposed revision of F.R.C.P. Rule 11.

Should Montana Adopt A Civil Justice Reform Act?, Carl W. Tobias

Law Faculty Publications

Civil justice reform in the federal government has become highly controversial. Each branch of the federal government apparently is vying to outdo the others in the field of civil justice reform. Congress passed the Civil Justice Reform Act of 1990 (CJRA) to reduce expense and delay in federal civil litigation, and the federal judiciary has been implementing that statute since late 1990. In December, 1991, the Montana Federal District Court became one of thirty-four federal districts which issued civil justice expense and delay reduction plans to qualify for designation as Early Implementation District Courts (EIDC) under the CJRA.

During October, …

The Montana Federal Civil Justice Plan, Carl W. Tobias

Law Faculty Publications

The Montana Federal District Court and thirty-three other federal districts recently took steps to qualify as Early Implementation District Courts (EIDC) under the Civil Justice Reform Act of 1990. The Montana District completed the development of its civil justice expense and delay reduction plan, which also includes numerous proposed amendments of the local rules necessary to implement the plan, before the December 31, 1991 statutory deadline. In the last issue of this journal, I analyzed the work that preceded development of the plan. I examined the efforts of the Advisory Group to Implement the Civil Justice Reform Act of 1990 …

Civil Justice Reform Roadmap, Carl W. Tobias

Law Faculty Publications

All three branches of the federal government have instituted initiatives aimed at reducing expense and delay in civil litigation. On October 23, 1991, President Bush issued an Executive Order that imposes a number of requirements on government lawyers who participate in civil litigation. During February 1992, the Administration sponsored introduction of the Access to Justice Act, its legislative proposal for civil justice reform. The bill did not pass, because it included certain provisions that apparently proved unacceptable to many members of the House and Senate.

Regardless of how the controversy over civil justice reform is ultimately resolved, the reform effort …

Judgments From A Choice-Of-Law Perspective, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf

Touro Law Review

No abstract provided.

Weissmann V. Freeman: Derivative Works By Joint Authors-Originality And Copyright Infringement In The Second Circuit, David P. Gerstman M.D.

Touro Law Review

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.

Labor Not A Commodity

Touro Law Review

No abstract provided.

Supreme Court Jurisdiction

Touro Law Review

No abstract provided.

Trial By Jury

Touro Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.