Civil Procedure Commons^™

Gaining Access To The Jury: A Critical Guide To The Law Of Jury Selection In West Virginia, Part Two, Charles R. Disalvo

West Virginia Law Review

No abstract provided.

Appellate Review Of Rule 11 Issues-De Novo Or Abuse Of Discretion? Thomas V. Capital Security Services, Inc., D. Lee Decker

BYU Law Review

No abstract provided.

Civil Procedure—Arkansas Rule Of Civil Procedure 53(B)—An End To The Use Of Special Referees In Arkansas. Hutton V. Savage, Richard E. Olszewski

University of Arkansas at Little Rock Law Review

No abstract provided.

Equitable Tolling Of Statutory Benefit Time Limitations: A Congressional Intent Analysis, David D. Doran

Washington Law Review

Courts toll time limitations that limit a statutory right to sue when tolling is consonant with congressional intent. Courts have left open, however, whether to extend this congressional intent analysis to toll time limitations that limit a statutory right to receive a benefit. This Comment analyzes how the United States Supreme Court's 1988 decision in INS v. Pangilinan affects the power of courts to equitably toll time limitations limiting the application period for a statutory benefit. The Comment concludes that these benefit time limitations should be tollable when they are consonant with congressional intent.

Rhetoric And Reality In The Law Of Federal Courts: Professor Fallon's Faulty Premise, Michael L. Wells

Scholarly Works

Richard Fallon's recent article, "The Ideologies of Federal Courts Law," [74 Va. L. Rev. 1141 (1988)] offers valuable insights into a bewildering body of Supreme Court doctrine. He effectively demonstrates the "substantial doctrinal instability" of this body of law, and also discerns a pattern amid the chaos. Fallon's treatment of the case law and the scholarship is fair-minded, meticulous, and incisive.

I disagree, however, with one aspect of Fallon's thesis. In my view, he falters when identifying sources of the discontinuity in the doctrine. In Part I of his article he argues that the decisions reflect "two sets of incompatible …

Rule 11 Sanctions: The Special Problem Of Local Counsel, Steve Leben

Faculty Works

No abstract provided.

God, Metaprocedure, And Metarealism At Yale, Linda S. Mullenix

Michigan Law Review

A Review of Procedure by Robert M. Cover, Owen M. Fiss, and Judith F. Resnik

The Right To Appointed Counsel For Indigent Civil Litigants: The Demands Of Due Process, William L. Dick Jr.

William & Mary Law Review

No abstract provided.

A New Litany Of Personal Jurisdiction, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.

Trower V. Jones: Expanding The Scope Of Permissible Cross-Examination Of Expert Witnesses, Julie A. Correll

Loyola University Chicago Law Journal

No abstract provided.

Civil Procedure, Michael J. Gallagher Honorable, Mary Beth Snyder

Loyola University Chicago Law Journal

No abstract provided.

The Civil Pro Se Litigant V. The Legal System, Howard M. Rubin

Loyola University Chicago Law Journal

No abstract provided.

Jury Nullification: An Historical Perspective On A Modern Debate, Philip B. Scott

West Virginia Law Review

No abstract provided.

Attorney Sanctions - Procedural Aspects Of Rule 11 Of The Federal Rules Of Civil Procedure - Third Circuit Adopts Supervisory Rule Requiring That Rule 11 Motions Be Filed Prior To Final Judgment In The District Court, David A. Peckman

Villanova Law Review (1956 - )

No abstract provided.

Civil Procedure - Avoiding Duplicative Litigation - The First-Filed Rule, Jean D. Renshaw

Villanova Law Review (1956 - )

No abstract provided.

The Federal Rules, The Adversary Process, And Discovery Reform, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Rule 11 And Civil Rights Litigation, Carl W. Tobias

Law Faculty Publications

The recent amendment of rule 11 may well have engendered more controversy than any other revision since the Federal Rules of Civil Procedure were first promulgated one-half century ago. The new version essentially requires that judges impose sanctions on lawyers and parties who fail to conduct reasonable inquiries before filing court papers. The amendment's adoption was prompted by increasing concern about abuse of the litigation process and about the "litigation explosion" -the perception that unprecedented numbers of civil cases were being filed and that too many lacked merit. Proponents have hailed the revised rule as the savior of the civil …

Campbell V. Greer: Impeaching Witnesses With Prior Conviction Evidence In A Civil Trial

Washington and Lee Law Review

No abstract provided.

Attorney Sanctions In Illinois Under Illinois Supreme Court Rule 137, George W. Timberlake Honorable, Nancy Pionk

Loyola University Chicago Law Journal

No abstract provided.

Gaining Access To The Jury: A Critical Guide To The Law Of Jury Selection In West Virginia, Charles R. Disalvo

West Virginia Law Review

No abstract provided.

Achille Lauro Missed The Boat: The Second Circuit's Refusal In Chasser V. Achille Lauro Lines To Hear Defendant's Interlocutory Appeal Under Collateral Order Exception

Washington and Lee Law Review

No abstract provided.

The Continuing Questions Regarding Citizen Suits Under The Clean Water Act: Gwaltney Of Smithfield, Ltd. V. Chesapeake Bay Foundation

Washington and Lee Law Review

No abstract provided.

Sexual Harassment Cases And The Law Of Evidence: A Proposed Rule, Catherine O'Neill

Faculty Articles

Federal Rule of Evidence 412 eliminates from the jury's consideration during a criminal rape trial evidence of the victim's past sexual experiences in all but a few narrowly drawn circumstances. In enacting Rule 412, Congress' primary purpose was to spare victims of rape the degrading and unwarranted intrusions into intimate details of their private lives that had formerly been common practice in the federal courts. Part I of this comment discusses the background, structure and rationale of Federal Rule of Evidence 412. Part II argues that the justifications for the enactment of Rule 412 in the context of rape also …

Consolidating The Preliminary Injunction Hearing And Trial: Changing The Rules In The Middle Of The Game, Arthur D. Wolf

Faculty Scholarship

In this Article the Author addresses the issues surrounding consolidation, the situation that arises when a court decides the merits of a dispute based solely on the record produced at a hearing on motion for a preliminary injunction. The Author identifies some of the more flagrant abuses that trial and appellate courts have committed in reaching the merits after only a hearing on a motion for preliminary relief. The proposed amendments discussed in the Article would serve both courts and parties. They would prevent the kind of abuses discussed in this article by requiring that the parties be informed of …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Service Of Process Abroad: A Study Of The Adequate Notice Requirement, Jan H.F. Schamp

LLM Theses and Essays

This LL.M. thesis provides a comprehensive comparative analysis of the adequate notice requirement in transnational service of process, examining the interplay between United States constitutional standards, European Communities conventions, and international treaty law. The work begins with a functional analysis of service of process, tracing its dual role as an assertion of territorial jurisdiction and as a mechanism for defendant notification across the American legal system, traditional English Common Law, and the Civil Law tradition. It then undertakes a detailed comparison of the "due notice" requirement under the Due Process Clause of the United States Constitution with the analogous protections …

Transnational Discovery In The Extraterritorial Application Of U.S. Antitrust Laws, Maria Eugenia Gimenez

LLM Theses and Essays

After World War II, there was a push for economic integration to promote growth and prevent conflict. Multinational corporations became key players, but their mobility and links to different countries created legal challenges, with nations seeking to assert their laws and policies over foreign entities. U.S. courts’ efforts to compel compliance with antitrust laws abroad can lead to conflicts with foreign jurisdictions, especially concerning the disclosure of evidence held by foreign entities. The “effects doctrine” allows U.S. antitrust laws to be applied to foreign conduct if they have intended economic effects in the U.S. Subsequent cases refined this doctrine, considering …

Judges Against Juries—Appellate Review Of Federal Civil Jury Verdicts, Eric Schnapper

Articles

This Article seeks to assess the treatment of civil jury verdicts by the federal courts of appeals during the two decades in which the Supreme Court has refused to scrutinize the actions of the circuit courts. Part I summarizes the manner in which the Supreme Court, prior to 1968, aggressively enforced the seventh amendment. Part II, focusing on a one-year period between the fall of 1984 and the fall of 1985, describes the actions of the courts of appeals in resolving the 208 reported cases in which a party challenged the sufficiency of the evidence to support a jury verdict. …

Grand Jury Reform: A Proposal For Change In Virginia, Charles E. Wall

University of Richmond Law Review

Once a cornerstone of American jurisprudence, the requirement of prosecution based upon grand jury indictment no longer stands unchallenged. Instead, alternate means of commencing prosecution, most notably by information and the preliminary hearing, have prompted lawmakers to look at the grand jury with a heightened scrutiny. Subsequently, such alternatives have become the primary prosecutorial tools in many states. Virginia, however, retains the grand jury system which was implemented in colonial times.

Nationwide Personal Jurisdiction In All Federal Question Cases: A New Rule 4 Note, Howard M. Erichson

Faculty Scholarship

Every litigator who remembers first year civil procedure knows that the personal jurisdiction1 of federal courts is limited by state territorial boundaries. That limitation, however, may soon disappear in federal question cases. A new rule of civil procedure, currently under consideration by the federal rulemakers, would provide for nationwide service of process in all federal question cases. The proposed rule would profoundly affect forum selection in the federal courts. This Note argues in favor of the adoption of the new Rule 4's nationwide personal jurisdiction provision. Not only would the new Rule 4 be a legitimate exercise of authority, but …