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Articles 1201 - 1230 of 1471
Full-Text Articles in Courts
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Touro Law Review
No abstract provided.
Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner
Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner
Publications
No abstract provided.
The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross
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 …
Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach
Touro Law Review
No abstract provided.
Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch
Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch
Touro Law Review
No abstract provided.
Rent Control Price Fixing: Another Look At The Emperor's New Clothes, Robert N. Markle
Rent Control Price Fixing: Another Look At The Emperor's New Clothes, Robert N. Markle
Touro Law Review
No abstract provided.
Rehnquist, Recusal, And Reform, Jeffrey W. Stempel
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 …
Litigating The Zero-Sum Game: The Effect Of Institutional Reform Litigation On Absent Parties, Elizabeth G. Thornburg
Litigating The Zero-Sum Game: The Effect Of Institutional Reform Litigation On Absent Parties, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
This article considers the impact that the use and misuse of equitable interest balancing has had on institutional reform litigation. It begins by considering the types of cases in which interest balancing was originally used in equity, and then surveys the use of interest balancing in school desegregation and employment discrimination cases. The article argues that the Supreme Court's interest balancing is flawed in systemic ways that result in overvaluing non-party interests.
Stepping On Board The Rule 11 Bandwagon, Roger M. Baron
Stepping On Board The Rule 11 Bandwagon, Roger M. Baron
Cleveland State Law Review
Prior to the 1983 amendments to Rule 11, there was some concern as to whether or not the Federal Rules had adequate provisions to insure the truthfulness of allegations in pleadings and motions. With the 1983 incorporation of an objective standard of reasonableness, subjective good faith was eliminated as a defense. Whether anticipated or not, the federal courts have now become flooded with litigation concerning the new Rule 11. Certain differences do exist among the circuits; however the differences are relatively minor, relating primarily to each circuit's description of the conduct which violates the relevant standards and to the standard …
Mass And Repetitive Litigation In The Federal Courts, Edward H. Cooper
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 …
California V. Rooney, Lewis F. Powell Jr.
California V. Rooney, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Appellate Review Of Unclear State Law In The Ninth Circuit After In Re Mclinn, Daniel L. Brewster
Appellate Review Of Unclear State Law In The Ninth Circuit After In Re Mclinn, Daniel L. Brewster
Seattle University Law Review
In McLinn, the Ninth Circuit significantly departed from the practice of the other circuits, and from its own prior practice, when it rejected the deferential standard of review normally applied to a federal district court's interpretation of state law. This Note discusses the Ninth Circuit's decision in McLinn and examines the deferential standard employed in the other circuits and in the United States Supreme Court. The Note takes the position that McLinn was correct in rejecting the former practice of accepting a district court's interpretations of state law unless clearly wrong, but that McLinn went too far in holding …
Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin
Touro Law Review
No abstract provided.
The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig
The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig
Touro Law Review
No abstract provided.
The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert
The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert
Articles
My focus today will be on the twelve-person unanimous jury and on the contrasts between such juries and six-person juries or twelve-person juries than can return verdicts by ten-two or nine-three votes. Until about fifteen years ago, it appeared that the sixth and seventh amendments required all federal juries to have twelve members who reached unanimous verdicts, and it appeared possible that the Supreme Court would force the states to conform to the federal standards. Instead, the court did almost the opposite. It sanctioned juries as small as size six in state criminal cases and federal civil cases, and it …
Muddying The Unclear Waters Of Standing: Allen V. Wright, Larry S. Jenkins
Muddying The Unclear Waters Of Standing: Allen V. Wright, Larry S. Jenkins
BYU Law Review
No abstract provided.
Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton
Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton
Touro Law Review
No abstract provided.
The Key-Man System For Composing Jury Lists In West Virginia--The Story Of Abuse, The Case For Reform, Charles R. Disalvo
The Key-Man System For Composing Jury Lists In West Virginia--The Story Of Abuse, The Case For Reform, Charles R. Disalvo
West Virginia Law Review
No abstract provided.
Should Federal Courts Give Greater Effect To State Judgments Than Would The Courts That Rendered Them?, Gene R. Shreve
Should Federal Courts Give Greater Effect To State Judgments Than Would The Courts That Rendered Them?, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel
Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel
Touro Law Review
No abstract provided.
Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results
Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results
Touro Law Review
No abstract provided.
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
The New Amendments To The Federal Rules Of Civil Procedure And Their Effect On Federal Court Practice In The Northern District, Roger J. Miner '56
The New Amendments To The Federal Rules Of Civil Procedure And Their Effect On Federal Court Practice In The Northern District, Roger J. Miner '56
Federal Courts and Federal Practice
No abstract provided.
Juries, Susan E. Morton
Personal Jurisdiction In Federal Question Suits: Toward A Unified And Rational Theory For Personal Jurisdiction Over Non-Domiciliary And Alien Defendants, Irene D. Johnson
Personal Jurisdiction In Federal Question Suits: Toward A Unified And Rational Theory For Personal Jurisdiction Over Non-Domiciliary And Alien Defendants, Irene D. Johnson
Elisabeth Haub School of Law Faculty Publications
No coherent or cohesive procedure or theory has emerged either in regard to the entire question of personal jurisdiction in federal courts or in regard to federal question cases. The cases and courts are in disarray, both as to when a federal standard should apply to the question of amenability to service of process and as to what a federal standard might require. The purpose of this article is to examine the problem in the context of the various types of cases in which it might arise and to prescribe some consistent, sensible scheme of personal jurisdiction in federal question …
Helicoptieros Nationales De Colombia, S.A. V. Hall, Lewis F. Powell Jr.
Helicoptieros Nationales De Colombia, S.A. V. Hall, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Calder V. Jones, Lewis F. Powell Jr.
Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr.
Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr.
Michigan Law Review
A Review of Federal Practice and Procedure, Volumes 13-19: Jurisdiction and Related Matters by Charles Alan Wright, Arthur R. Miller, and Edward H. Cooper
Civil Procedure - Federal Courts - Appellate Jurisdiction - Pendent Interlocutory Denial Of Class Certification May Not Be Reviewed With Appealable Interlocutory Order Denying Preliminary Injunction, Charles B. Congdon
Villanova Law Review (1956 - )
No abstract provided.
The Judge's Role In Fostering Voluntary Settlements, Thomas D. Lambros
The Judge's Role In Fostering Voluntary Settlements, Thomas D. Lambros
Villanova Law Review (1956 - )
No abstract provided.