Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (203)
- University of Michigan Law School (171)
- Universitas Indonesia (123)
- Touro University Jacob D. Fuchsberg Law Center (93)
- University of Richmond (60)
-
- Pepperdine University (53)
- William & Mary Law School (42)
- West Virginia University (38)
- Maurer School of Law: Indiana University (37)
- Washington and Lee University School of Law (37)
- UIC School of Law (32)
- University of Oklahoma College of Law (32)
- Brigham Young University Law School (24)
- Northwestern Pritzker School of Law (23)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (23)
- Cornell University Law School (22)
- University of Colorado Law School (22)
- St. Mary's University (20)
- Texas A&M University School of Law (20)
- University of Maine School of Law (19)
- Villanova University Charles Widger School of Law (18)
- University of Arkansas Little Rock (17)
- University of Georgia School of Law (17)
- Duke Law (15)
- Roger Williams University (15)
- Fordham Law School (14)
- Brooklyn Law School (12)
- Saint Joseph University of Beirut (12)
- Schulich School of Law, Dalhousie University (12)
- Notre Dame Law School (11)
- Keyword
-
- Civil procedure (103)
- Federal Rules of Civil Procedure (70)
- Federal courts (70)
- Civil Procedure (68)
- Courts (61)
-
- Jurisdiction (56)
- Supreme Court (50)
- Constitution (47)
- Litigation (45)
- Federal (40)
- Federal Courts (38)
- State (36)
- New York (35)
- Due process (34)
- Judges (30)
- Juries (30)
- Court (28)
- Class actions (27)
- Constitutional law (27)
- Discovery (27)
- Law (26)
- Procedure (25)
- Evidence (23)
- Civil rights (21)
- Supreme court (21)
- United States Supreme Court (21)
- Remedies (20)
- Standing (20)
- Trials (20)
- Access to justice (19)
- Publication Year
- Publication
-
- Seattle University Law Review (200)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Michigan Law Review (117)
- Touro Law Review (91)
- Faculty Publications (48)
-
- Faculty Scholarship (47)
- West Virginia Law Review (38)
- Law Faculty Publications (32)
- Articles (31)
- Faculty Articles (29)
- UIC Law Review (29)
- University of Richmond Law Review (28)
- Pepperdine Law Review (27)
- Pepperdine Dispute Resolution Law Journal (24)
- Scholarly Works (23)
- BYU Law Review (22)
- Publications (22)
- Cornell Law Faculty Publications (20)
- Indiana Law Journal (18)
- Northwestern University Law Review (18)
- Articles by Maurer Faculty (17)
- Supreme Court Case Files (17)
- Maine Law Review (16)
- Fordham Law Review (13)
- Journal Articles (12)
- Proche-Orient, Études juridiques (12)
- Washington and Lee Law Review (11)
- Oklahoma Law Review (10)
- Scholarly Articles (10)
- Villanova Law Review (1956 - ) (10)
- Publication Type
Articles 1321 - 1350 of 1490
Full-Text Articles in Courts
Class Actions Under New Rule 23 And Federal Statutes Of Limitation: A Study Of Conflicting Rationale, Barney B. Welsh
Class Actions Under New Rule 23 And Federal Statutes Of Limitation: A Study Of Conflicting Rationale, Barney B. Welsh
Villanova Law Review (1956 - )
No abstract provided.
Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller
Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller
Michigan Law Review
The objective of this article is to analyze Federal Rule of Civil Procedure 44.1, which was developed as part of the reforms of the last decade and became effective on July 1, 1966 and to assess its capacity to rationalize the process of determining foreign law in the federal courts. What follows is an excursion through the past doctrine and into the probable future treatment of foreign law in the federal courts, an exploration of the interrelationship between the new Rule and other phases of federal civil procedure, and an analysis of the prospect that the Rule's effectiveness may be …
Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review
Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review
Michigan Law Review
During the summer of 1964, a federal district judge issued an injunction prohibiting various St. Augustine, Florida organizations and other persons with notice of the injunction from harassing or intimidating Negroes who were seeking motel or restaurant accommodations. Appellant Lance, an unpaid volunteer deputy sheriff, was not a member of any of the enjoined organizations, but he had actual notice of the order. Nonetheless, six days after the injunction was issued, he engaged in activities designed to intimidate a Negro citizen. In a subsequent civil contempt action arising from these activities, the federal district judge, asserting jurisdiction over him because …
Determination Of Federal Jurisdictional Amount In Suits On Unliquidated Claims, Michigan Law Review
Determination Of Federal Jurisdictional Amount In Suits On Unliquidated Claims, Michigan Law Review
Michigan Law Review
Hoping to keep federal court dockets free of petty claims and thereby to reduce the delay in bringing to trial controversies involving more substantial sums, Congress has given United States district courts jurisdiction of many civil actions arising under the Constitution, laws, or treaties of the United States and most disputes between parties of diverse citizenship only when the alleged right forming the basis of a claimant's cause of action can be valued at more than ten thousand dollars. The value of a particular claim is determined by reference to those portions of its proponent's pleading which tend to support …
Prejudicial Reliance Upon A Trial Court's Ruling May Result In Suspension Of Federal Rules On Timeliness Of Appeals-Thompson V. Immigration & Naturalization Serv.; Wolfsohn V. Hankin, Michigan Law Review
Prejudicial Reliance Upon A Trial Court's Ruling May Result In Suspension Of Federal Rules On Timeliness Of Appeals-Thompson V. Immigration & Naturalization Serv.; Wolfsohn V. Hankin, Michigan Law Review
Michigan Law Review
In Thompson v. Immigration & Naturalization Serv., twelve days after the federal district court had entered an order denying a petition for naturalization, petitioner announced his intention of making motions for a new trial and amended findings of fact. Although the motions must be filed within ten days of the entry of judgment, the judge assured petitioner they were made in ample time, and no objection was raised by the Government. Six months later the motions were denied. Within sixty days of this denial, but not within sixty days of the original judgment, petitioner filed a notice of appeal. …
Misconduct Of Judges And Attorneys During Trial: Informal Sanctions, Charles W. Ehrhardt
Misconduct Of Judges And Attorneys During Trial: Informal Sanctions, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Courts--Prospective Overruling, William Walter Smith
Courts--Prospective Overruling, William Walter Smith
West Virginia Law Review
No abstract provided.
The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder
The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder
Michigan Law Review
The new Michigan procedural laws are embodied in a revised set of statutes and court rules which became effective January 1, 1963, after a long period of study by a Joint Committee on Michigan Procedural Revision. They abolish an anachronistic distinction between procedures in law and equity, abrogate a scattered, disorganized set of rules and statutes, and create a unified, coherent procedural system.
Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed.
Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed.
Michigan Law Review
This comment seeks to analyze each decision against its historical background. No more than a proforma attempt will be made to integrate one decision with the others, for sufficient material is not yet available to predict with any accuracy the Court's ultimate achievements in this important area of federal civil procedure.
Federal Appellate Jurisdiction-International Extradition-Review Of Extradition Proceedings, Martin R. Fine S.Ed.
Federal Appellate Jurisdiction-International Extradition-Review Of Extradition Proceedings, Martin R. Fine S.Ed.
Michigan Law Review
The Consul General of Venezuela filed a complaint in a federal district court, pursuant to treaty and statute, seeking the extradition of former President Perez Jimenez for the crimes of murder and embezzlement. While the required extradition hearings were pending, Venezuela sought to use the civil deposition and subpoena procedure8 to compel several New York banks to produce records of deposits and to give depositions concerning the accounts of Jimenez and his alleged confederates. Jimenez moved for a protective order' to prevent Venezuela from obtaining and using these records as evidence against him in the extradition hearings. On appeal from …
The Constitution And Contempt Of Court, Ronald Goldfarb
The Constitution And Contempt Of Court, Ronald Goldfarb
Michigan Law Review
Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …
Declaratory Judgments-Avoidance Of Peril-Refusal To Adjudicate Rights Of Will Beneficiary Under No-Contest Clause-Testator, Burton L. Raimi S.Ed
Declaratory Judgments-Avoidance Of Peril-Refusal To Adjudicate Rights Of Will Beneficiary Under No-Contest Clause-Testator, Burton L. Raimi S.Ed
Michigan Law Review
Testator, plaintiff's father, acquired property in the joint names of himself and his wife by using money belonging to his wife. At her death testator claimed sole ownership of the property as the survivor. Plaintiff agreed not to probate his mother's will if testator would bequeath the property to his children. Also, testator agreed that if he should remarry he would, by a prenuptial agreement, make it possible to carry out the plan. The agreement was not reduced to writing. Testator remarried and shortly thereafter executed a will in which he disregarded the verbal agreement and left a substantial part …
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Michigan Law Review
It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.
Abstracts Of Recent Cases, William Erwin Barr
Abstracts Of Recent Cases, William Erwin Barr
West Virginia Law Review
No abstract provided.
Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz
Instructions--Binding Instruction On Contributory Negligence Need Note State Specific Acts Of Negligence, David Mayer Katz
West Virginia Law Review
No abstract provided.
Attachment And Garnishment In The Federal Courts, Brainerd Currie
Attachment And Garnishment In The Federal Courts, Brainerd Currie
Michigan Law Review
Personal injuries allegedly caused by the negligent manufacture of safety fuses used in blasting operations in a coal mine were suffered by Raymond Davis, apparently a citizen of Arkansas. The manufacturer, Ensign-Bickford Company, was a Connecticut corporation that could not be personally served with process within Arkansas. But it happened that two foreign corporations, amenable to process in the state, were indebted in substantial amounts to Ensign-Bickford Company. Accordingly, counsel for Davis, invoking the diversity jurisdiction, filed an action in the District Court for the Western District of Arkansas. Without issue of summons, the plaintiff, in conformity with Arkansas statutes, …
Jury - Pre-Trial Selection - Suggested Improvements, Edward B. Stulberg
Jury - Pre-Trial Selection - Suggested Improvements, Edward B. Stulberg
Michigan Law Review
Over the course of the past twenty years, the desirability of trial by jury has been a subject of constant debate. In contrast, the matter of jury selection has been given little direct attention. Yet it is obvious that if consideration is given to improvements in selection procedure aimed primarily at raising the calibre of the jury panel, disappointment in the judicial process due to the general ineptness of jurors can be decreased. It is true that the fate of a litigant often is entirely within the discretion of the jury. This is not necessarily a reason for the abandonment …
Book Review. A Pre-Trial Conference, John T. Bauman
Book Review. A Pre-Trial Conference, John T. Bauman
Articles by Maurer Faculty
No abstract provided.
Civil Procedure On The American Frontier, William Wirt Blume
Civil Procedure On The American Frontier, William Wirt Blume
Michigan Law Review
The Treaty of Greenville (1795) by which Indian tribes of the Northwest Territory ceded to the United States the eastern and southern parts of the area which later became the state of Ohio, provided that certain small areas north and west of the treaty line should also be ceded.
Federal Procedure - Trial Practice - Not Reversible Error For Trial Judge To Summon Jury Sua Sponte After Waiver, Thomas A. Dieterich
Federal Procedure - Trial Practice - Not Reversible Error For Trial Judge To Summon Jury Sua Sponte After Waiver, Thomas A. Dieterich
Michigan Law Review
Plaintiff instituted this action for breach of contract and defendant counterclaimed. Neither party demanded a jury trial during the period in which it was claimable as of right. Subsequently defendant moved for a jury trial. The motion was denied and was never renewed. Seven months later, on the eve of the trial, the court issued an order sua sponte for a jury trial. Plaintiff's objection was overruled. The jury awarded damages to plaintiff in the same amount as the conceded counterclaim. On appeal, held, affirmed, one judge dissenting. Although the trial judge's action in calling a jury on his …
Federal Procedure - Mandamus - Power Of Courts Of Appeal, Jerome K. Walsh, Jr. S.Ed.
Federal Procedure - Mandamus - Power Of Courts Of Appeal, Jerome K. Walsh, Jr. S.Ed.
Michigan Law Review
In two related antitrust actions instituted in the District Court for the Northern District of Illinois, an order was entered under rule 53(b) of the Federal Rules of Civil Procedure referring the cases to a master for trial because of the "extremely congested calendar" then facing the court. All parties to the· action moved to vacate the order and these motions were denied by the district judge. After appearing before the master to object to the reference, the defendants petitioned the Court of Appeals for the Seventh Circuit praying that a writ of mandamus issue to compel the district judge …
Criminal Contempt: Violations Of Injunctions In The Federal Courts
Criminal Contempt: Violations Of Injunctions In The Federal Courts
Indiana Law Journal
No abstract provided.
The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes
The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes
Michigan Law Review
This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …
Rules Of Practice And Procedure: A Study Of Judicial Rule Making, Charles W. Joiner, Oscar J. Miller
Rules Of Practice And Procedure: A Study Of Judicial Rule Making, Charles W. Joiner, Oscar J. Miller
Michigan Law Review
The rule-making power of the courts in the United States is is brought into focus wherever procedural reform is undertaken. As more and more states have undertaken rev1s1on of judicial procedures, the power and authority of courts to promulgate rules of practice and the definition of the scope of such rules have claimed increasingly the attention of legal writers. This trend can be attributed in part to a growing realization that statutes governing practice and procedure in courts, enacted by legislatures meeting every year or two, have failed to achieve that minimum standard in the administration of justice necessary to …
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Michigan Law Review
Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over …
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Articles
The plaintiff in a civil cause ordinarily is permitted to select the persons with whom he will litigate. The initial designation of parties to an action is made by the plaintiff, and if he chooses to sue B and not A,' that is ordinarily of no concern to B or to A or to the court. So also where the plaintiff without A as co-plaintiff sues B. Not always, however, is the plaintiff permitted unfettered choice in naming the parties to his lawsuit. On the one hand there are persons whose relationship to the situation in litigation is outside the …
The Practical Way To Prepare A Case For An Appellate Court, Campbell Palmer Iii
The Practical Way To Prepare A Case For An Appellate Court, Campbell Palmer Iii
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, T. E. P.
Labor Law - Federal Procedure - Stay Of State Court Proceedings Involving Matters Within The Exclusive Jurisdiction Of The Nlrb, Arne Hovdesven S.Ed.
Labor Law - Federal Procedure - Stay Of State Court Proceedings Involving Matters Within The Exclusive Jurisdiction Of The Nlrb, Arne Hovdesven S.Ed.
Michigan Law Review
Richman Brothers sought and was granted a state court injunction against organizational picketing conducted by the union. The complaint alleged acts which were unfair labor practices under section 8 (b) (2) of the amended National Labor Relations Act. The union, after failing to obtain removal of this action, unsuccessfully applied for a federal district court injunction against the state court proceedings. On appeal, held, affirmed. Section 2283 of the Judicial Code prevents a federal court injunction of a state court proceeding, despite the fact that the activities involved are within the exclusive jurisdiction of the National Labor Relations Board. …
Federal Procedure - Interlocutory Appeals - Appealability Of Stay Of Proceedings Under Section 1292 Of The Judicial Code, Lawrence W. Sperling S.Ed.
Federal Procedure - Interlocutory Appeals - Appealability Of Stay Of Proceedings Under Section 1292 Of The Judicial Code, Lawrence W. Sperling S.Ed.
Michigan Law Review
Plaintiff brought an action for an accounting of the profits of a joint adventure. The defendant moved to stay proceedings pending arbitration pursuant to section 3 of the United States Arbitration Act. This motion was denied and defendant appealed the ruling, claiming as justification for the appeal that an interlocutory order denying a stay was a denial of an injunction under section 1292 of the Judicial Code. The court of appeals dismissed the appeal. On certiorari to the Supreme Court, held, affirmed, two justices dissenting. A stay of proceedings in a suit where plaintiff's action is equitable in nature …