Protecting the Right of Citizens to Aggregate Small Claims Against Businesses [PDF]
Two years ago I ranted against the Supreme Court\u27s subversion of the Rules Enabling Act and its opposition to the benign aims of the twentieth-century progressive law reformers expressed summarily in Rule 1 of our Federal Rules of Civil Procedure.1 I ...
Carrington, Paul D.
core +2 more sources
They Were Meant for Each Other: Professor Edward Cooper and the Rules Enabling Act [PDF]
This introduction to the essays in this Symposium illuminates Professor Ed Cooper\u27s years as Reporter to the Civil Rules Committee by first briefly describing those who preceded him in the position and his own background.
Kravitz, Mark R. +3 more
core +3 more sources
Federal Discovery: A Survey of Local Rules and Practices in View of Proposed Changes to the Federal Rules [PDF]
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.
Cohn, Sherman L.
core +2 more sources
From Witness Box to the Hot Tub: How the “Hot Tub†Approach to Expert Witnesses Might Relax an American Finder of Fact [PDF]
The concurrent evidence procedure, informally known as “hot tubbing,†is a method of eliciting expert witness testimony that efficiently aims to educate the finder of fact so a just conclusion of the case is obtained. With experts from both sides of
Welch, S. (Scott)
core
12 Confused Men: Using Flowchart Verdict Sheets To Mitigate Inconsistent Civil Verdicts [PDF]
The finality of jury verdicts reflects an implicit societal acceptance of the soundness of the jury\u27s decision. Regardless, jurors are not infallible, and the questions they are often tasked with deciding are unfortunately neither obvious nor clear ...
Fang, Jerry J.
core +1 more source
Alternative Litigation Finance and the Limits of the Work-Product Doctrine [PDF]
As third-party funding of litigation begins to take hold in the United States, debates about the normative value of such arrangements have heated up among scholars, practitioners, and policymakers.
Glover, J. Maria
core +1 more source
Federal Civil Procedure: Intervention of Right Granted Private Party in Government Antitrust Suit Under New Rule 24(a)(2) [PDF]
Recent revisions of rule 24 of the Federal Rules of Civil Procedure removed certain restrictive interpretations which had been engrafted upon the old form.
core +1 more source
Legal Research in an Electronic Age: Electronic Data Discovery, a Litigation Albatross of Gigantic Proportions [PDF]
[Excerpt] “The increase in e-discovery, e-discovery‘s impact on litigation, and the courts‘ unavoidable role in defining the limits of discovery led to the author‘s decision to develop this article.
Anga, Ahunanya
core +1 more source
Is federal rule of civil procedure 19 (B) too discretionary?
The comparative analysis of Rule 19(b) and legal rules governing the required joinder of parties in Italian and German legal systems suggests some thoughts about a better way to define the judicial discretion in determining whether a person who should be joined is actually indispensable – that is, essential to dismiss the action when that person cannot
Cavallini, Cesare, Gaboardi, Marcello
openaire +1 more source

