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Articles 511 - 540 of 605
Full-Text Articles in Jurisprudence
Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher
Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher
NYLS Law Review
No abstract provided.
Petitioner's Observations (December 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land
The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land
University of Richmond Law Review
No abstract provided.
Reinventing Appellate Jurisdiction, Adam N. Steinman
Reinventing Appellate Jurisdiction, Adam N. Steinman
Faculty Scholarship
Appellate jurisdiction in the federal system has been properly criticized for both its doctrinal incoherence and its procedural complexity. Although these critiques are well-founded, this Article reveals that, as applied in practice, federal courts have drawn sensible lines between interlocutory orders that are immediately appealable and those that are not. A limited category of interlocutory orders, primarily those rejecting immunities from suit, are immediately appealable as of right. All other interlocutory orders are potentially eligible for discretionary appellate review. The doctrinal morass of the present framework, however, has obscured this basically sensible structure and has led to inefficient procedures for …
'Less' Is 'More'? Textualism, Intentionalism, And A Better Solution To The Class Action Fairness Act's Appellate Deadline Riddle, Adam N. Steinman
'Less' Is 'More'? Textualism, Intentionalism, And A Better Solution To The Class Action Fairness Act's Appellate Deadline Riddle, Adam N. Steinman
Faculty Scholarship
In recent months, federal appellate judges have grappled with an interpretive puzzle that opens a new frontier in the long-running judicial and scholarly debate about statutory interpretation. The landmark but controversial Class Action Fairness Act of 2005 (CAFA) authorizes immediate appeals from certain jurisdictional decisions by district courts, provided that litigants appeal "not less than 7 days after entry of the order." Although the goal of this provision was to set a seven-day deadline for CAFA appeals, the statutory text does precisely the opposite -- it imposes a seven-day waiting period and sets no outer deadline. Federal appellate judges have …
The Unseen Track Of Erie Railroad: Why History And Jurisprudence Suggest A More Straightforward Form Of Erie Analysis, Donald L. Doernberg
The Unseen Track Of Erie Railroad: Why History And Jurisprudence Suggest A More Straightforward Form Of Erie Analysis, Donald L. Doernberg
West Virginia Law Review
No abstract provided.
Petitioner's Observations (February 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Escape From The Battle Of The Forms: Keep It Simple, Stupid, Corneill A. Stephens
Escape From The Battle Of The Forms: Keep It Simple, Stupid, Corneill A. Stephens
Faculty Publications By Year
This Article reviews the history of the "battle of the forms" issue arising when contracting parties submit conflicting terms to each other in attempting to form a contract and how courts have resolved issues arising from this, both under the original Uniform Commercial Code (UCC) Article 2 and the Revised Article 2. The author reviews the economic circumstances that gave rise to the current use of standard form contracts, such as lower transaction costs and the ability of a company to control the terms and the discretion of its personnel. He discusses how battle of the forms issues were resolved …
Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben
Procedural Fairness: A Key Ingredient In Public Satisfaction, Kevin Burke, Steve Leben
Faculty Works
No abstract provided.
Sausage-Making, Pigs' Ears, And Congressional Expansions Of Federal Jurisdiction: Exxon Mobil V. Allapattah And Its Lessons For The Class Action Fairness Act, Adam N. Steinman
Sausage-Making, Pigs' Ears, And Congressional Expansions Of Federal Jurisdiction: Exxon Mobil V. Allapattah And Its Lessons For The Class Action Fairness Act, Adam N. Steinman
Faculty Scholarship
The year 2005 witnessed two watershed developments in federal jurisdiction: the U.S. Supreme Court's decision in Exxon Mobil Corp. v. Allapattah Services, Inc. and the enactment of the Class Action Fairness Act (CAFA). Allapattah and CAFA raise the same fundamental question: how should courts interpret a statute whose text would expand federal jurisdiction far beyond what Congress apparently intended? In Allapattah, the Court confronted this question in resolving an aspect of the supplemental jurisdiction statute that had deeply divided both the judiciary and academia. CAFA's expansion of federal jurisdiction over class actions will require courts to struggle with this question …
The Hybrid Class Action As Judicial Spork: Managing Individual Rights In A Stew Of Common Wrong, 39 J. Marshall L. Rev. 231 (2006), Jon Romberg
UIC Law Review
No abstract provided.
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
UIC Law Review
No abstract provided.
The Irrepressible Myth Of Celotex: Reconsidering Summary Judgment Burdens Twenty Years After The Trilogy, Adam N. Steinman
The Irrepressible Myth Of Celotex: Reconsidering Summary Judgment Burdens Twenty Years After The Trilogy, Adam N. Steinman
Faculty Scholarship
Twenty years ago, the Supreme Court decided a trilogy of cases on summary judgment. These cases have had a profound impact on federal litigation. Empirical data presented in this article demonstrate that federal courts have cited these three cases more than any Supreme Court decisions in history. Celotex Corp. v. Catrett is widely recognized as the most significant decision of the trilogy, both because it expanded the availability of summary judgment and because it remains the Court's most current instructions on how burdens are allocated between the party seeking and the party opposing summary judgment. However, Celotex failed to clarify …
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Florida's Request For Admission Rule: 150 Years On The Road To Inconsistency, Ineffectiveness And Appellate Nullification, Mitchell J. Frank
Florida's Request For Admission Rule: 150 Years On The Road To Inconsistency, Ineffectiveness And Appellate Nullification, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
Injunctions Against Liquidation In Trade Remedy Cases: A Petitioner's View, 39 J. Marshall L. Rev. 45 (2005), Jeffrey M. Telep
Injunctions Against Liquidation In Trade Remedy Cases: A Petitioner's View, 39 J. Marshall L. Rev. 45 (2005), Jeffrey M. Telep
UIC Law Review
No abstract provided.
Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala
Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala
Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Avoidable Due Process Confusion: Special Use Hearings In Illinois After Klaeren, 38 J. Marshall L. Rev. 609 (2004), James C. Munson, Christi J. Guerrini
Avoidable Due Process Confusion: Special Use Hearings In Illinois After Klaeren, 38 J. Marshall L. Rev. 609 (2004), James C. Munson, Christi J. Guerrini
UIC Law Review
No abstract provided.
The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald
The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald
UIC Law Review
No abstract provided.
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
UIC Law Review
No abstract provided.
In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala
In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala
Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Thinking Like A Lawyer, Jeffrey C. Tuomala
Thinking Like A Lawyer, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Into The Abyss: How Party Autonomy Supports Overreaching Through The Exercise Of Unequal Bargaining Power, 36 J. Marshall L. Rev. 421 (2003), Pamela Edwards
Into The Abyss: How Party Autonomy Supports Overreaching Through The Exercise Of Unequal Bargaining Power, 36 J. Marshall L. Rev. 421 (2003), Pamela Edwards
UIC Law Review
No abstract provided.
Traditional Equity And Contemporary Procedure, Thomas O. Main
Traditional Equity And Contemporary Procedure, Thomas O. Main
Scholarly Works
This Article offers extensive background on the development and eventual merger of the regimes of law and equity, and suggests that the procedural infrastructure of a unified system must be sufficiently elastic to accommodate the traditional jurisdiction of equity. As the Federal Rules of Civil Procedure become increasingly more elaborate and technical, strict application of those procedural rules can generate mischievous results and hardship. This Article suggests that equity remains a source of authority for district judges to avoid the application of a procedural rule when technical compliance would produce an inequitable result. A separate system of equity provided a …
Procedure, Politics, And Power, Stephen B. Burbank
Procedure, Politics, And Power, Stephen B. Burbank
Journal of Legal Education
No abstract provided.
The Concept Of Equality In Civil Procedure, William B. Rubenstein
The Concept Of Equality In Civil Procedure, William B. Rubenstein
Cardozo Law Review
No abstract provided.
The Adversary System As A Means Of Seeking Truth And Justice, 35 J. Marshall L. Rev. 147 (2002), Robert G. Johnston, Sara Lufrano
The Adversary System As A Means Of Seeking Truth And Justice, 35 J. Marshall L. Rev. 147 (2002), Robert G. Johnston, Sara Lufrano
UIC Law Review
No abstract provided.
Jurisdictional Gerrymandering - Responding To Holmes Group V. Vornado Air Circulation Systems, 36 J. Marshall L. Rev. 1 (2002), Molly Mosley-Goren
Jurisdictional Gerrymandering - Responding To Holmes Group V. Vornado Air Circulation Systems, 36 J. Marshall L. Rev. 1 (2002), Molly Mosley-Goren
UIC Law Review
No abstract provided.