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Articles 4561 - 4590 of 6674
Full-Text Articles in Civil Procedure
In Re Rules Of Civil Procedure, Rule 1.442 (Offer Of Judgment), 550 So. 2d 442 (Fla. 1989), Roseanna J. Lee
In Re Rules Of Civil Procedure, Rule 1.442 (Offer Of Judgment), 550 So. 2d 442 (Fla. 1989), Roseanna J. Lee
Florida State University Law Review
No abstract provided.
Florida's Partial Final Judgment Rule: Problems And Solutions, Kent R. Putnam
Florida's Partial Final Judgment Rule: Problems And Solutions, Kent R. Putnam
Florida State University Law Review
Florida's partial final judgment rule creates uncertainty for attorneys and their clients. The author of this Article proposes solutions ranging from changes in terminology to amendments to the rule.
An Un-Fortune-Ate Decision: The Aftermath Of The Supreme Court's Eradication Of The Relation-Back Doctrine, Lawrence A. Epter
An Un-Fortune-Ate Decision: The Aftermath Of The Supreme Court's Eradication Of The Relation-Back Doctrine, Lawrence A. Epter
Florida State University Law Review
In Schiavone v. Fortune, the United States Supreme Court held that the "period provided by law for commencing the action" language of the Federal Rule of Civil Procedure 15(c) includes the statutory limitation period, but not the time allowed for service of process. After demonstrating that this interpretation of Rule 15(c) is unreasonable, the author of this Article examines the various ways that federal courts have dealt with the decision. In light of the confusion and inequities which have resulted, the author suggests two ways of effecting a more just and sensible reading of Rule 15(c).
Virginia Manuscript Law Reports, William Hamilton Bryson
Virginia Manuscript Law Reports, William Hamilton Bryson
Law Faculty Publications
Case law, including published cases and cases that have never been published, is the basis of the common law. Professor Bryson discusses the use of manuscript law reports in Virginia during the eighteenth and nineteenth centuries.
Crossing The Line Between Rough Remedial Justice And Prohibited Punishment: Civil Penalty Violates The Double Jeopardy Clause—United States V. Halper, 109 S. Ct. 1892 (1989), Lynn C. Hall
Washington Law Review
Historically, the constitutional guarantee against double jeopardy has been triggered primarily in criminal prosecutions. It has not encompassed civil monetary penalties. In United States v. Halper, the Supreme Court expanded double jeopardy protection. The Court held that government imposition of a civil monetary penalty on a defendant who has been criminally convicted for the same offense is punishment to the extent that the penalty clearly exceeds compensation. The punitive portion of the civil penalty, according to the Court, is multiple punishment prohibited by the Double Jeopardy Clause. This Note examines Halper and its effect on legislatures, prosecutors, and courts. The …
Management And Storage Of Surface Waters Technical Staff Report, Bessent, Hammack, And Ruckman, Inc.
Management And Storage Of Surface Waters Technical Staff Report, Bessent, Hammack, And Ruckman, Inc.
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
Strandell V. Jackson County And G. Heileman Brewing Co. V. Joseph Oat Corp.: The Failure Of The Seventh Circuit Court Of Appeals To Narrow The Interpretation Of Rule 16 And Limit The Inherent Power Doctrine, Farol Parco
Brigham Young University Journal of Public Law
No abstract provided.
Ii. Civil & Criminal Procedure
Post-Trial Motions In Private Antitrust Actions: A Practitioner's Guide, John E. Rumel
Post-Trial Motions In Private Antitrust Actions: A Practitioner's Guide, John E. Rumel
Articles
No abstract provided.
Civil Procedure, Jack Joseph, Janice Duban
Civil Procedure, Jack Joseph, Janice Duban
Loyola University Chicago Law Journal
No abstract provided.
The Vagaries Of Rule 103(B), Robert G. Johnston, Iain D. Johnston
The Vagaries Of Rule 103(B), Robert G. Johnston, Iain D. Johnston
Loyola University Chicago Law Journal
No abstract provided.
Should Trial By Jury Be Eliminated In Complex Cases, Hugh H. Bownes
Should Trial By Jury Be Eliminated In Complex Cases, Hugh H. Bownes
RISK: Health, Safety & Environment (1990-2002)
One way in which the public participates in the management of Risk is as jurors. Here, the function of juries in civil litigation is discussed and the argument is made that problems with juries in complex cases may be solved by means short of eliminating juries altogether.
State Of Florida Division Of Administrative Hearings: Petitioner's First Interrogatories To St. Johns River Water Management District, Michael W. Woodward
State Of Florida Division Of Administrative Hearings: Petitioner's First Interrogatories To St. Johns River Water Management District, Michael W. Woodward
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
Observations On Recent Efforts To Deter Frivolous Papers In The Illinois Circuit Courts, Jeffrey A. Parness
Observations On Recent Efforts To Deter Frivolous Papers In The Illinois Circuit Courts, Jeffrey A. Parness
Loyola University Chicago Law Journal
No abstract provided.
Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki
Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki
Loyola University Chicago Law Journal
No abstract provided.
The Revolution In Preliminary Injunctions Against Patent Infringement, 24 J. Marshall L. Rev. 225 (1990), Thomas L. Creel, Donna M. Praiss
The Revolution In Preliminary Injunctions Against Patent Infringement, 24 J. Marshall L. Rev. 225 (1990), Thomas L. Creel, Donna M. Praiss
UIC Law Review
No abstract provided.
Edmonson V. Leesville Concrete Company, Inc.: Can The "No State Action" Shibboleth Legitimize The Racist Use Of Peremptory Challenges In Civil Actions, 23 J. Marshall L. Rev. 271 (1990), David Park
UIC Law Review
No abstract provided.
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt
Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt
Articles
No abstract provided.
Disclosure Of Testifying Expert Witnesses Under Illinois Supreme Court Rule 220: The Continuing Struggle To Balance Adequate Trial Preparation And Fairness, 23 J. Marshall L. Rev. 363 (1990), Thomas G. Compall
UIC Law Review
No abstract provided.
Diminskis V. Chicago Transit Authority: Circumventing Expert Witness Discovery, Adrian M. Vuckovich
Diminskis V. Chicago Transit Authority: Circumventing Expert Witness Discovery, Adrian M. Vuckovich
Loyola University Chicago Law Journal
No abstract provided.
The Continuing Debate Over Delay Damages: Pennsylvania's New Rule 238, Paula T. Calhoun
The Continuing Debate Over Delay Damages: Pennsylvania's New Rule 238, Paula T. Calhoun
Villanova Law Review (1956 - )
No abstract provided.
Has The Chancellor Shot Himself In The Foot? Looking For A Middle Ground On Rule 11 Sanctions, Melissa Lee Nelken
Has The Chancellor Shot Himself In The Foot? Looking For A Middle Ground On Rule 11 Sanctions, Melissa Lee Nelken
Faculty Scholarship
No abstract provided.
Survey Of Illinois Law - Civil Procedure, 14 S. Ill. U. L.J. 699 (1990), Diane S. Kaplan, Donald L. Beschle
Survey Of Illinois Law - Civil Procedure, 14 S. Ill. U. L.J. 699 (1990), Diane S. Kaplan, Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Intervention After Webster, Carl W. Tobias
Intervention After Webster, Carl W. Tobias
Law Faculty Publications
Webster v. Reproductive Health Services throws down the gauntlet on the "most politically divisive domestic legal issue of our time," imperiling women's progress in securing reproductive freedom and power in society. The battle over abortion rights is likely to splinter an already deeply divided country. After fierce fighting in many statehouses, some legislatures will pass statutes further restricting abortion. The major battleground, however, will quickly shift to the federal courts, where plaintiffs seeking to protect procreative freedom will challenge these measures. Judges, parties, and lawyers participating in this litigation will rigorously analyze the issues of "substance" that Webster and the …
Reassessing Rule 11 And Civil Rights Cases, Carl W. Tobias
Reassessing Rule 11 And Civil Rights Cases, Carl W. Tobias
Law Faculty Publications
The Advisory Committee on the Civil Rules amended Federal Rule of Civil Procedure (Rule 11) in August 1983 because of increasing concern about attorney abuses in civil lawsuits and about the so-called litigation explosion. The revision commands courts to sanction lawyers and parties who do not undertake reasonable prefiling inquiries. Certain aspects of the new version's implementation provoked substantial controversy which continued virtually undiminished from the amendment's August 1983 effective date at least until the fifth anniversary of its adoption. Perhaps most controversial was the question whether courts' application inhibited the pursuit of legitimate litigation, especially cases involving civil rights …
G. Heilman Brewing Co., Inc. V. Joseph Oat Corp.: The Seventh Circuit Approves The Exercise Of Inherent Authority To Increase A District Judge's Pre-Trial Authority Under Rule 16, 23 J. Marshall L. Rev. 517 (1990), Bradley Adas
UIC Law Review
No abstract provided.
Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese
Inadvertent Waiver Of The Attorney-Client Privilege By Disclosure Of Documents: An Economic Analysis, Alan J. Meese
Faculty Publications
No abstract provided.
Interlocutory Review Of Discovery Orders: An Idea Whose Time Has Come, Elizabeth G. Thornburg
Interlocutory Review Of Discovery Orders: An Idea Whose Time Has Come, Elizabeth G. Thornburg
SMU Law Review
This article argues that interlocutory review of discovery orders can allow error correction and the development of a coherent body of case law without burdening the appellate courts. It uses an empirical study of interlocutory review in Texas as an example of how such a system could work.
An Independent Public Law, Carl W. Tobias
An Independent Public Law, Carl W. Tobias
Law Faculty Publications
This Article analyzes the application of numerous Federal Rules in public law litigation to show how the resurrection of private law approaches and hostility toward public interest litigants serves to disadvantage public interest litigants. The assessment is intended to discourage such future enforcement of the Federal Rules and analogous judicial treatment in other areas of public law. The Article is also meant to foster greater appreciation of public law and the articulation of a larger complement of public law principles so as to facilitate the growth of an independent public law.
Sanctions For Frivolous Litigation Take Hold In New York, Barbara A. Schaus
Sanctions For Frivolous Litigation Take Hold In New York, Barbara A. Schaus
Buffalo Law Review
No abstract provided.