Civil Procedure Commons^™

Burying (With Kindness) The Felicific Calculus Of Civil Procedure, Linda S. Mullenix

Vanderbilt Law Review

On January 2, 1986, Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit announced to an astonished legal profession, not to mention the unsuspecting attorneys-of-record, that, in the future, the Seventh Circuit would decide whether to grant or deny a preliminary injunction by applying the following simple formula:

P x Hp > (1-P) x Hd

With one fell swoop of his algebraic-judicial pen, Judge Posner not only stirred the deepest math anxieties of the practicing bar, but revolutionized preliminary injunction law. Despite Judge Posner's protestations that his simple formula was not "offered as a new legal …

Discovery In State And Federal Smcra Proceedings, G. Daniel Kelley Jr., Stephen M. Terrell

West Virginia Law Review

No abstract provided.

Civil Procedure And Alternative Dispute Resolution: The Lawyer's Role And The Opportunity For Change, Paul J. Spiegelman

Journal of Legal Education

No abstract provided.

Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth

Journal of Legal Education

No abstract provided.

Rethinking The Teaching Of Civil Procedure, Elizabeth N. Schneider

Journal of Legal Education

No abstract provided.

Law Of The Case: A Judicial Puzzle In Consolidated And Transferred Cases And In Multidistrict Litigation, Joan E. Steinman

All Faculty Scholarship

No abstract provided.

Ii. Civil Procedure

Washington and Lee Law Review

No abstract provided.

Jury Instructions For Civil And Criminal Rico Cases Approved By: Rico Cases Committee, Criminal Justice Section Of The American Bar Association

BYU Law Review

No abstract provided.

The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross

Articles

In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American practice by …

Constitutional Law - Protective Orders Prohibiting Publication Of Information Obtained Through Discovery, Joseph A. Almeida

Villanova Law Review (1956 - )

No abstract provided.

Civil Procedure - Discovery Of Medical Records In A Corporate Negligence Action - Shelton V. Morehead Memorial Hospital, G. Bruce Park

Campbell Law Review

This Note will examine the impact of the Shelton decision on requests for the production of hospital records. The Note will emphasize the application of Shelton to corporate negligence actions against a hospital for breach of a duty owed by the hospital directly to the patient. The Note will suggest that, although the Shelton court limited the availability of discovery, diligent plaintiffs may find trial courts less likely to allow a blanket privilege for hospitals claiming immunity from discovery for records conveniently labeled as products of medical review committees. This Note will argue that the plaintiff in a corporate negligence …

Precluding Government Relitigation Of Statutory Interpretations: Clark-Cowlitz Joint Operating Agency V. Federal Energy Regulatory Commission, Bradley Bishop Jones

Seattle University Law Review

This Note explores the issue of the applicability of the preclusion doctrines against the government. Specific focus is placed upon the doctrines’ application in cases where the government has previously litigated a question of statutory interpretation. The exploration begins with the recent case of Clark-Cowlitz Joint Operating Agency v. Federal Energy Regulatory Commission (Clark-Cowlitz), a classic factual setting for analyzing this issue. The Note then briefly examines the historical developments of the preclusion doctrines and the United States Supreme Court’s recent and continuing struggle with the application of the doctrines against the government. It is the position of …

Statutes Of Limitation And Section 1983: Implications For Illinois Civil Rights Law, 20 J. Marshall L. Rev. 415 (1987), Brian Kibble-Smith

UIC Law Review

No abstract provided.

A Judicial Perspective On Expert Discovery Under Federal Rule 26(B)(4): An Empirical Study Of Trial Court Judges And A Proposed Amendment, 20 J. Marshall L. Rev. 377 (1987), David S. Day, Charvin Dixon

UIC Law Review

No abstract provided.

State V. Hickman: An Accused's Right To A Third Party Attorney--Lady Luck Or Lady Liberty, Joellen Lyons

West Virginia Law Review

No abstract provided.

Reforming West Virginia's Jury Selection Process: West Virginia Jury Selection And Service Legislation Of 1986, Keith A. George

West Virginia Law Review

No abstract provided.

Civil Procedure, Kurt L. Krieger

West Virginia Law Review

No abstract provided.

The Propriety Of The Federal Common Law, Jeanne Proko-Elkins

Villanova Law Review (1956 - )

No abstract provided.

A Synthesis And Integration Of Supreme Court Precedent Regarding The Regulatory Taking Of Land, John W. Ragsdale Jr

Faculty Works

In the post World War II era of rapid land development, emergent environmental problems, and heightened legislative response, the taking clause has proved to be the most pervasive and significant limitation on the power of government over private land usage. The dimensions and implications of this provision and the interpretive Supreme Court opinions have attracted the attention of numerous scholars whose efforts, usually, have been rather critical. The authors have often sought to question the logic, language and premises of fundamental opinions, to warn of the economic, moral and ecological consequences of portended judicial trends, to pose new taking tests …

Illusion And Reality In Regulating Lawyer Performance: Rethinking Rule 11, Lawrence M. Grosberg

Villanova Law Review (1956 - )

No abstract provided.

Rethinking The Teaching Of Civil Procedure, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Rehnquist, Recusal, And Reform, Jeffrey W. Stempel

Scholarly Works

In September 1986, the Senate confirmed William H. Rehnquist as Chief Justice of the United States by a vote of 66 to 33, an unusually close vote for a successful Supreme Court nominee. Although Justice Rehnquist’s elevation from Associate to Chief Justice engendered substantial criticism because of his judicial philosophy, past political activity, and possible views on race relations, the most serious threat to his nomination arose from his decision fifteen years earlier to sit and cast the deciding vote in a Supreme Court case in which many questioned both his impartiality and his candor. That Justice Rehnquist's role in …

Summary Judgment And Case Management, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Mass And Repetitive Litigation In The Federal Courts, Edward H. Cooper

Articles

The topic of "Mass and Repetitive Litigation in the Federal Courts" is even more vast and unwieldy than the complex litigations it brings to mind. The implicit assignment to address the topic by contemplating the events that may occur over the next century is still more daunting. One hundred years bring untellable changes to all of our social and political institutions, judicial and otherwise. Rather than attempt to meet the challenge by uttering bold prophecies of the circumstances that will confront our successors of the future, I will follow an easier course. This paper will select a few illustrations of …

Personal Jurisdiction And The Stream Of Commerce, A. Kimberley Dayton

Faculty Scholarship

This article evaluates the stream of commerce theory of personaljurisdiction in light of existing precedent and the constitutionalimperative of due process. Part II briefly describes the factualbackground of Asahi and the various opinions rendered in the case.Part m outlines the development of jurisdictional doctrine since International Shoe, emphasizing the meaning of "purposeful availment" and its fluid role in the due process equation governing statecourt jurisdiction. Part IV then traces the evolution of the stream of commerce theory since International Shoe. Part V examines and rejects criticisms of the stream of commerce theory, and concludes that under any reasonabre interpretation of …

Proof Of Claim Forms And Discovery Of Absent Class Members: Violations Of Rule 23 Policy Or Essential Devices?

Washington and Lee Law Review

No abstract provided.

Moving To Dismiss A Civil Rico Action, David J. Howard

Cleveland State Law Review

The use and abuse of the Racketeer Influenced and Corrupt Organizations Act ("RICO") has troubled judges and lawyers for some time while providing fertile ground for commentators. The plethora of RICO cases is equaled only by the tremendous proliferation of commentary. This Article, while admittedly contributing to this proliferation, is excusable, however, because its purpose is to facilitate summary disposition of RICO claims by providing a practical guide to achieving early dismissal under Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. It is impossible to set forth all grounds for dismissing every RICO complaint. The scope of …

The Compatibility Of A Federal Magistrate's Final Judgment With Nonmutual Issue Preclusion , Allison G. Danzig

Fordham Urban Law Journal

This Note examines the propriety of issue preclusion as applied to a magistrate's factual determination by providing an overview of section 636(c) of the Magistrate Act of 1979 and the decisions holding its provisions constitutional. It briefly looks at the expanded use of issue preclusion, which is largely due to the elimination of the mutuality agreement. After reviewing the policies that are promoted through the use of issue preclusion in such a manner, the Note concludes that nonmutual issue preclusion should apply to a magistrate's determination in a civil trial only if the parties are aware of the consequences that …

Sin, Scandal And Substantive Due Process: Personal Jurisdiction And Pennoyer Reconsidered, Wendy Collins Perdue

Law Faculty Publications

Professor Perdue recounts the underlying story of the U.S. Supreme Court's seminal personal jurisdiction case, Pennoyer v. Neff.

Nonparty Document Discovery From Corporations And Governmental Entities Under The Federal Rules Of Civil Procedure, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

This Article will analyze the various approaches courts follow when deciding if a nonparty can be compelled to produce documents located outside the judicial district where a rule 45 subpoena duces tecum is issued. Part I will review the procedure for nonparty document discovery and discuss the decisional law applying the enforcement provisions of rule 45. Part II will analyze the jurisdictional principles used by federal district courts to determine when documents under the control of nonparties, and not located within the territorial limits of the court, should be produced for discovery purposes. Part III will recommend the appropriate approach …