Legal Profession Commons^™

Evaluation Of The Ontario Mediation Program (Rule 24.1) Final Report: The First 23 Months, Robert G. Hann, Carl Baar, Lee Axon, Susan Binnie, Frederick H Zemans

Books

No abstract provided.

Music Theory As A Mode Of Law: The Case Of Heinrich Schenker, Esq., Wayne Alpern

Cardozo Law Review

No abstract provided.

What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow

Faculty Scholarship

No abstract provided.

The Law And Ethics Of Civil Depositions , A. Darby Dickerson

Maryland Law Review

No abstract provided.

The Continuous Representation Doctrine: Must You Sue Your Lawyer While She Still Represents You, Timothy O. Dudley

University of Arkansas at Little Rock Law Review

No abstract provided.

Rediscovering Discovery Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

In-Kind Class Action Settlements, Scott R. Peppet

Publications

No abstract provided.

The Lawyer's Duty Of Public Service: More Than Charity, Tigran W. Eldred, Thomas Schoenherr

West Virginia Law Review

No abstract provided.

Project Challenge: Pro Bono Opportunity In Private Corporate Practice, Wendy E.D. Smith, Cheryl J. Terai

West Virginia Law Review

No abstract provided.

Pretrial Case Management Under The Amended Rules: Too Many Words For A Good Idea, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Conducting Informal Discovery Of A Party's Former Employees: Legal And Ethical Concerns And Constraints, Susan J. Becker

Maryland Law Review

No abstract provided.

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Rethinking Work Product, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

This article analyzes the traditional and law & economics explanations purporting to justify the exclusion of work product materials from discovery. It argues that none of these arguments are well founded and that, instead, the privilege increases costs and decreases the system's ability to produce appropriate settlements and accurate fact finding. To the extent that the privilege serves legitimate ends, narrower and more narrowly tailored protections would provide the necessary protection.

Attorney's Fees Under The Surface Mining Control And Reclamation Act Of 1977: A Primer, E. Ann Compton Keel

West Virginia Law Review

No abstract provided.

Disclosure Of Testifying Expert Witnesses Under Illinois Supreme Court Rule 220: The Continuing Struggle To Balance Adequate Trial Preparation And Fairness, 23 J. Marshall L. Rev. 363 (1990), Thomas G. Compall

UIC Law Review

No abstract provided.

Monetary Sanctions Against Attorneys For Discovery Abuse In Federal Court: When Can They Be Appealed, Nancy E. Berman

Cardozo Law Review

No abstract provided.

Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association

Touro Law Review

No abstract provided.

The Collision Between New Discovery Amendments And Expert Testimony Rules, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The young litigator's nightmare was always the same. He was in medieval Europe, ready to engage in a sword fight with the expert swordsman representing his arch rival. After countless hours of preparation, he felt confident that he would be able to hold his own against the swordsman. But when the swordsman drew his lengthy rapier from its sheath, the young attorney pulled only a short dagger from his scabbard. Realizing that he was doomed to defeat, he tossed his dagger into the air and ran from the scene with the laughter of the onlookers ringing in his ears.

The …

Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein

Touro Law Review

No abstract provided.

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.

How Judges Judge: A Study Of Disagreement On The United States Court Of Appeals For The Eighth Circuit, Douglas O. Linder

Faculty Works

No abstract provided.

The Work-Product Doctrine: Protection, Not Privilege, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

Although the work-product doctrine has received considerable attention before the courts in recent years, several issues regarding the scope and applicability of the doctrine remain controversial As a prelude to explaining the state of the law on these issues, the author examines the case law through which the doctrine developed and explores the doctrine's modern application through rule 26 of the Federal Rules of Civil Procedure. He next discusses the rule's various requirements and its treatment ofparticular categories of information including opinion work product andparty statements. Finally, Professor Cohn explains how the rule's protection may be waived and discusses the …

The Abolition Of The Forms Of Action In Virginia, W. Hamilton Bryson

University of Richmond Law Review

The common law procedure for initiating actions at law in the English courts required a plaintiff to obtain a writ invoking the jurisdiction of the court and to file a declaration setting forth the facts that justified instigation of the suit and established the cause of the action. This clumsy and archaic system of litigation was abolished by a single chop of the legislative guillotine in New York in 1848. England followed suit in 1875, and the United States federal courts in 1938. Writs and declarations were replaced by simple forms which were copied from the practice of the equity …

Settlement Strategy, Evaluation, And Brochures Lawyer's Forum - Settlements - New Perspectives., James L. Branton

St. Mary's Law Journal

Abstract Forthcoming.

Discovery Problems In Civil Cases, Joseph L. Ebersole, Barlow Burke

Federal Judicial Center Reports

This publication is a product of a study undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development on matters of judicial administration. The analyses, conclusions, and points of view are those of the authors. This work has been subjected to staff review within the Center, and publication signifies that it is regarded as responsible and valuable. It should be emphasized, however, that on matters of policy, the Center speaks only through its Board.

Recent Developments In Missouri: Civil Practice And Procedure, Jeffrey B. Berman

Faculty Works

Although many recent decisions have altered Missouri Civil Practice and Procedure in various ways, the courts and the Missouri Bar Advisory Committee have made significant changes in several important areas. By interpreting statutes and promulgating ethical opinions, these institutions have crystallized Missouri law concerning attorneys' fees and liens-an area of interest to all attorneys. This article also surveys the recent evolution in Missouri law concerning jurisdiction, access to the courts, collateral estoppel, the effect of releases, and procedural devices such as impleader and joinder.

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.

Federal Discovery: A Survey Of Local Rules And Practices In View Of Proposed Changes To The Federal Rules, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

Traditionally, except for the limited role played by pleadings and bills of particulars, the attorney in a law court did not disclose evidentiary matters until trial. "A judicial proceeding was a battle of wits rather than a search for the truth,"' and thus, each side was protected to a large extent against disclosure of his case until counsel chose to disclose it at trial. This philosophy changed some forty years ago with the introduction of discovery in the Federal Rules of Civil Procedure. In the words of Mr. Justice Murphy, the discovery rules meant that "civil trials in the federal …

Survey Of Literature On Discovery From 1970 To The Present: Expressed Dissatisfactions And Proposed Reforms, Daniel Segal

Federal Judicial Center Reports

Eight years have passed since the last major revision of the discovery provisions of the Federal Rules of Civil Procedure. During those years, there has been a substantial amount of writing on the discovery rules. While much of it has been aimed at helping practitioners understand the rules, a large portion has been critical in nature, examining how well the rules are functioning, isolating their problem areas and making suggestions for reform. It was the purpose of the study on which this Report is based to survey and analyze that critical literature. The Report's first section sets out in detail …