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Full-Text Articles in Civil Procedure

University Of Richmond Law Review Jan 1989

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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Service Of Process Abroad: A Study Of The Adequate Notice Requirement, Jan H.F. Schamp Jan 1989

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 …

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Transnational Discovery In The Extraterritorial Application Of U.S. Antitrust Laws, Maria Eugenia Gimenez Jan 1989

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 …

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Judges Against Juries—Appellate Review Of Federal Civil Jury Verdicts, Eric Schnapper Jan 1989

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. …

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Grand Jury Reform: A Proposal For Change In Virginia, Charles E. Wall Jan 1989

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.

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Nationwide Personal Jurisdiction In All Federal Question Cases: A New Rule 4 Note, Howard M. Erichson Jan 1989

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 …

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The Myth Of The Disposable Opinion: Unpublished Opinions And Government Litigants In The United States Courts Of Appeals, Lauren K. Robel Jan 1989

The Myth Of The Disposable Opinion: Unpublished Opinions And Government Litigants In The United States Courts Of Appeals, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

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Sanctioning Defendants' Non-Willful Delay:The Failure Of Rule 55 And A Proposal For Its Reform, Carl B. Schultz Jan 1989

Sanctioning Defendants' Non-Willful Delay:The Failure Of Rule 55 And A Proposal For Its Reform, Carl B. Schultz

University of Richmond Law Review

For as long as parties have pursued claims through litigation, those against whom claims are asserted have delayed the litigation process. Defendants, and other parties against whom claims are asserted, (hereinafter collectively referred to as defendants), fail to answer complaints against them in time; they delay in responding to discovery requests, motions and court orders, and they fail to appear for trials and other proceedings.

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Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson Jan 1989

Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson

University of Richmond Law Review

Rules 2:4 and 3:3(c) of the Rules of Virginia Supreme Court ("Rules of Court") require the dismissal of an action if service of process is not accomplished within one year after the filing thereof unless the plaintiff can show "due diligence" or good cause for the delay. Since the plaintiff can get personal service on a defendant who has absconded by means of the general long arm statute, it will be a heavy burden in practice to show due diligence or good cause or it will be a highly unusual situation. Recently, two issues have arisen regarding these rules.

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Public Law Litigation And The Federal Rules Of Civil Procedure, Carl W. Tobias Jan 1989

Public Law Litigation And The Federal Rules Of Civil Procedure, Carl W. Tobias

Law Faculty Publications

The public interest litigant is no longer a nascent phenomenon in American jurisprudence. Born of the need of large numbers of people who individually lack the economic wherewithal or the logistical capacity to vindicate important social values or their own specific interests through the courts, these litigants now participate actively in much federal civil litigation: public law litigation. Despite the pervasive presence of public interest litigants, the federal judiciary has accorded them a mixed reception, particularly when applying the Federal Rules of Civil Procedure. Many federal courts have applied numerous Rules in ways that disadvantage public interest litigants, especially in …

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Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson Jan 1989

Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson

Law Faculty Publications

Rules 2:41 and 3:3(c) of the Rules of Virginia Supreme Court ("Rules of Court") require the dismissal of an action if service of process is not accomplished within one year after the filing thereof unless the plaintiff can show "due diligence" or good cause for the delay. 3 Since the plaintiff can get personal service on a defendant who has absconded by means of the general long arm statute,4 it will be a heavy burden in practice to show due diligence or good cause or it will be a highly unusual situation. Recently, two issues have arisen regarding these rules.

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Excepting Civil Rico Claims From Rule 9(B), Chavie N. Kahn Nov 1988

Excepting Civil Rico Claims From Rule 9(B), Chavie N. Kahn

Cardozo Law Review

No abstract provided.

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3rd Annual Federal Practice Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, John R. Leathers, Willam M. Lear, Edward H. Johnstone, Eugene E. Siler, Frank E. Haddad, Laramie L. Leatherman, Melissa Forsythe, Gregory L. Monge, Leonard Green, Thomas D. Lambros, Stanley M. Chesley, Charles S. Cassis Sep 1988

3rd Annual Federal Practice Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, John R. Leathers, Willam M. Lear, Edward H. Johnstone, Eugene E. Siler, Frank E. Haddad, Laramie L. Leatherman, Melissa Forsythe, Gregory L. Monge, Leonard Green, Thomas D. Lambros, Stanley M. Chesley, Charles S. Cassis

Continuing Legal Education Materials

Outline of speakers' presentations from the 3rd Annual Federal Practice Institute held by UK/CLE on September 23, 1988.

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Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma Sep 1988

Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma

Articles

When lawyers think of civil procedure they almost invariably think of the rules of civil procedure and the formality they entail. A course in civil procedure focusing almost exclusively on the Federal Rules of Civil Procedure is in most law schools part of the traditional first-year curriculum. Indeed some would argue that it is at the core of that curriculum, for more than any other first-year course it takes students away from familiar moral anchors and instructs them in a set of distinctively legal practices and values. The ability to manipulate the legal system's rules of procedure is the most …

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Intervention In The Public Interest Under Rule 24(A)(2) Of The Federal Rules Of Civil Procedure Sep 1988

Intervention In The Public Interest Under Rule 24(A)(2) Of The Federal Rules Of Civil Procedure

Washington and Lee Law Review

No abstract provided.

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Work Product Privilege And Discovery Of Expert Testimony: Resolving The Conflict Between Federal Rules Of Civil Procedure 26(B)(3) And 26(B)(4), Jan W. Henkel, O. Lee Reed Jul 1988

Work Product Privilege And Discovery Of Expert Testimony: Resolving The Conflict Between Federal Rules Of Civil Procedure 26(B)(3) And 26(B)(4), Jan W. Henkel, O. Lee Reed

Florida State University Law Review

When an attorney furnishes documents containing work product to an expert witness, a potential conflict arises between the work product immunity of Rule 26(b)(3) and the expert discovery provisions of Rule 269b)(4). In this Article, Professors Henkel and Reed examine the approaches federal courts have taken to this conflict. They argue that any approach which either allows for the discovery of documents containing work product or allows for the discovery of document from which product has been expunged is contrary to the purposes of the federal rules. The authors then propose a solution to this conflict which protects both the …

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Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva Jul 1988

Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva

Washington Law Review

This Comment considers the constitutionality of the Washington cap on noneconomic damages. The Comment briefly reviews the recent legislation of medical malpractice and tort reform damages ceilings and judicial decisions on the constitutionality of such ceilings. The Comment then analyzes the constitutionality of the Washington limit under the substantive due process and equal protection guarantees of the federal and state constitutions. Because under the federal constitution a court should give the statute only minimal scrutiny, the statute probably does not offend fourteenth amendment protections. Under the Washington Constitution, however, a court should give the statute intermediate scrutiny. Under intermediate scrutiny …

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Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva Jul 1988

Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva

Washington Law Review

This Comment considers the constitutionality of the Washington cap on noneconomic damages. The Comment briefly reviews the recent legislation of medical malpractice and tort reform damages ceilings and judicial decisions on the constitutionality of such ceilings. The Comment then analyzes the constitutionality of the Washington limit under the substantive due process and equal protection guarantees of the federal and state constitutions. Because under the federal constitution a court should give the statute only minimal scrutiny, the statute probably does not offend fourteenth amendment protections. Under the Washington Constitution, however, a court should give the statute intermediate scrutiny. Under intermediate scrutiny …

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Book Review Of Cases And Materials On Civil Procedure, John E. Kennedy Jun 1988

Book Review Of Cases And Materials On Civil Procedure, John E. Kennedy

Journal of Legal Education

No abstract provided.

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The Normative Dominance Of Consensus, Joseph Sanders Jun 1988

The Normative Dominance Of Consensus, Joseph Sanders

Journal of Legal Education

No abstract provided.

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In Re Collins, No. 86-J-373, 88-Ap-6 (Blkft. Tr. Ct. App., May 5, 1988)., Blackfeet Appellate Court May 1988

In Re Collins, No. 86-J-373, 88-Ap-6 (Blkft. Tr. Ct. App., May 5, 1988)., Blackfeet Appellate Court

Court Decisions

The Court of Appeals declared a custody order null and void because not all parties known by the lower court to have an interest in the custody of a minor child were given notice of the hearing that determined custody.

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Konizeski And The Warner Amendment: Back To Ground Zero For Atomic Litigants, A Constandina Titus, Michael W. Bowers False May 1988

Konizeski And The Warner Amendment: Back To Ground Zero For Atomic Litigants, A Constandina Titus, Michael W. Bowers False

BYU Law Review

No abstract provided.

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Rule 26(B)(4) Of The Federal Rules Of Civil Procedure: Discovery Of Expert Information, James L. Hayes, Paul T. Ryder Jr. May 1988

Rule 26(B)(4) Of The Federal Rules Of Civil Procedure: Discovery Of Expert Information, James L. Hayes, Paul T. Ryder Jr.

University of Miami Law Review

No abstract provided.

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Civil Procedure—Class Actions—Trial Courts Have Broad Discretion To Certify Classes. International Union Of Electric Radio And Machine Workers V. Hudson, 295 Ark. 107, 747 S.W.2d 81 (1988)., Sarah Wilson Apr 1988

Civil Procedure—Class Actions—Trial Courts Have Broad Discretion To Certify Classes. International Union Of Electric Radio And Machine Workers V. Hudson, 295 Ark. 107, 747 S.W.2d 81 (1988)., Sarah Wilson

University of Arkansas at Little Rock Law Review

No abstract provided.

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Rule 11 And Civil Rights Litigation, Carl Tobias Apr 1988

Rule 11 And Civil Rights Litigation, Carl Tobias

Buffalo Law Review

No abstract provided.

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Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber Apr 1988

Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber

University of Michigan Journal of Law Reform

This Article examines whether Rule 23(b)(2) violates the procedural due process rights of absent class members by binding them to the judgment in a class case without notice of the suit. It concludes that the Rule almost certainly violates due process and proposes a reform that would permit nonbinding class actions similar to the old "spurious" class suits.

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Removal, Remand And Review In Pendent Claim And Pendent Party Cases, Joan E. Steinman Mar 1988

Removal, Remand And Review In Pendent Claim And Pendent Party Cases, Joan E. Steinman

All Faculty Scholarship

No abstract provided.

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The Intended Application Of Federal Rule Of Civil Procedure 11: An End To The "Empty Head, Pure Heart"Defense And A Reinforcement Of Ethical Standards, Debbie A. Wilson Mar 1988

The Intended Application Of Federal Rule Of Civil Procedure 11: An End To The "Empty Head, Pure Heart"Defense And A Reinforcement Of Ethical Standards, Debbie A. Wilson

Vanderbilt Law Review

The American public has long viewed the legal profession with a puzzling mixture of respect and envy tempered by distaste and mistrust.' Nevertheless, Americans especially are amenable to invoking judicial processes when a wrong is perceived.' This tendency has led to the well-publicized problems of overcrowded dockets and lengthy trial proceedings, both of which contribute to making the American legal system the most expensive in the world. Commentators, the legal community, and other citizens increasingly criticize the litigiousness of the American legal system. The legal profession generally is exempt from governmental regulation because the bar adopts and enforces its own …

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Subject Matter Jurisdiction As A New Issue On Appeal: Reining In An Unruly Horse, Robert J. Martineau Mar 1988

Subject Matter Jurisdiction As A New Issue On Appeal: Reining In An Unruly Horse, Robert J. Martineau

BYU Law Review

No abstract provided.

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Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner Mar 1988

Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner

BYU Law Review

No abstract provided.

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