Part of the Civil Procedure Commons
Procedural Wrongdoing, Matthew A. Shapiro BYU Law Review
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Utah Marriage and Divorce Laws, Kory Staheli, Stephen Elmo Averett BYU Law Library Publications
The (Surprisingly) Prevalent Role of States in an Era of Federalized Class Actions, Linda S. Mullenix BYU Law Review
Class Actions, Jurisdiction, and Principle in Doctrinal Design, David Marcus, Will Ostrander BYU Law Review
Adversary Breakdown and Judicial Role Confusion in “Small Case” Civil Justice, Jessica K. Steinberg BYU Law Review
Reviving the Civil Jury Trial: Implementing Short, Summary, and Expedited Trial Programs, Robert A. Patterson BYU Law Review
Trans-Substantivity and the Processes of American Law, David Marcus BYU Law Review
Excessive or Warranted? The Unshackling of Discovery Sanctions in Lee v. Max International, LLC, Daniel S. Mehr III BYU Law Review
Procedural Due Process and Predictable Punitive Damage Awards, Jill Wieber Lens BYU Law Review
Reaping the Benefits of Class Cerification: How and When Should "Significant Proof" Be Required Post-Dukes?, Julie Slater BYU Law Review
Making Appearances Matter: Recusal and the Appearance of Bias, Dmitry Bam BYU Law Review
But What if the Court Reporter Is Lying? The Right to Confront Hidden Declarants Found in Transcripts of Former Testimony, Peter Nicolas BYU Law Review
Saving Stare Decisis: Preclusion, Precedent, and Procedural Due Process, Max Minzner BYU Law Review
Close Enough for Government Work: The Committee Rulemaking Game, Paul Stancil Faculty Scholarship
Just Go Away: Representation, Due Process, and Preclusion in Class Actions, Debra Lyn Bassett BYU Law Review
Balancing the Pleading Equation, Paul Stancil Faculty Scholarship
Refracting Domestic and Global Choice-of-Forum Doctrine Through the Lens of a Single Case, Richard D. Freer BYU Law Review
Who Gets Counted? Jury List Representativeness for Hispanics in Areas with Growing Hispanic Populations Under Duren v. Missouri, Stephen E. Reil BYU Law Review
Constructing Class Action Reality, Debra Lyn Bassett BYU Law Review
When Does a Party Prevail?: A Proposed "Third-Circuit-Plus" Test for Judicial Imprimatur, Matthew B. Tenney BYU Law Review
Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns BYU Law Review
A Proposed Solution to Jury Confusion in Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo BYU Law Review
Advisory Juries and Their Use and Misuse in Federal Tort Claims Act Cases, Matthew L. Zabel BYU Law Review
Getting Title VII Back on Track: Leaving Allison Behind for the Robinson Line, W. Lyle Stamps Brigham Young University Journal of Public Law
The Epistemology of Admissibility: Why Even Good Philosophy of Science Would Not Make for Good Philosophy of Evidence, Brian Leiter BYU Law Review
Expert Opinion Pleading: Any Merit to Special Certificates of Merit?, Jeffrey A. Parness BYU Law Review
A Misapplication of Daubert: Compton v. Subaru of America Opens the Gate for Unreliable and Irrelevant Expert Testimony, Jonathan R. Schofield BYU Law Review
Extending the Due Process Clause to Prevent a Previously Recused Judge from Later Attempting to Affect the Case from Which He Was Recused, S. Matthew Cook BYU Law Review
McKnight v. Rees: Delineating the Qualified Immunity "Haves" and "Have-nots" Among Private Parties, James L. Ahlstrom BYU Law Review
Pleading and Proof: The Economics of Legal Burdens, Thomas R. Lee BYU Law Review
Putting the Halper Genie Back in the Bottle: Examining United States u. Ursery in Light of Halper, Austin, and Kurth Ranch, Sarah Jean Watterson BYU Law Review
How Modern Treatment of 35 U.S.C. § 112(6) Has Caused Confusion: Hilton Davis v. Warner-Jenkinson and the Right to a Jury on the Issue of Patent Infringement Under the "Equitable" Doctrine of Equivalents, David R. Todd BYU Law Review
The Sky is Falling-The ALI's Efficient Response to Courts in Crisis?, Christine Gail Clark BYU Law Review
Arthur Miller's Death of a Doctrine or Will the Federal Courts Abstain from Abstaining? The Complex Litigation Recommendations' Impact on the Abstention Doctrine, William A. Calhoun II BYU Law Review
Antisuit Injunction and Notice of Intervention and Preclusion: Complementary Devices to Prevent Duplicative Litigation, Edward F. Sherman BYU Law Review
Confronting the Consolidation Conundrum, Richard L. Marcus BYU Law Review
Selected Provisions of the ALI Complex Litigation Proposal: Statutory Recommendations & Reporter's Study, BYU Law Review
Antisuit Injunctions Under the Complex Litigation Proposal: Harmonizing the Sirens' Song of Efficiency and Fairness with the Hymn of Judicial Federalism and Comity, Paul W. Werner BYU Law Review
The ALI's Complex Litigation Project and Federal-To-State Consolidation: A Due Process Analysis of Granting to State Courts Nationwide Personal Jurisdiction, Deborah Dunn BYU Law Review
The Effect of the Utah Administrative Procedures Act on the Standards of Review for Final Administrative Agency Adjudications, John C. Steele Brigham Young University Journal of Public Law
Prosecutorial Immunity: Imbler, Burns, and Now Buckley u. Fitzsimmons-The Supreme Court's Attempt to Provide Guidance in a Difficult Area, Jeffery J. McKenna BYU Law Review
Statutory Post-Judgment Interest: The Effect of Legislative Changes After Judgment and Suggestions for Construction, Brian P. Miller BYU Law Review
Fines Under New Federal Civil Rule 11: The New Monetary Sanctions for the "Stop-and-Think-Again" Rule, Jeffrey A. Parness BYU Law Review
A New Antidote for an Opponent's Pretrial Discovery Misconduct: Treating the Misconduct at Trial as an Admission by Conduct of the Weakness of the Opponent's Case, Edward J. Imwinkelried BYU Law Review
Tightening Judicial Standards for Granting Foreign Discovery Requests, Ryan J. Earl BYU Law Review
Punitive Damages: A Primer for Utah, Crookston v. Fire Insurance Exchange, David F. Burrett Brigham Young University Journal of Public Law
The Congressional Subpeona: Power, Limitations and Witness Protection, Christopher F. Corr, Gregory J. Spak Brigham Young University Journal of Public Law
Interpreting Statutes Faithfully-Not Dynamically, Craig W. Dallon BYU Law Review
Multiple Jury Formats and Civil Litigation: Arnold v. Eastern Airlines, David S. Chipman BYU Law Review
Rule 11 and Federalizing Lawyer Ethics, Judith A. McMorrow BYU Law Review
The Impact of Alternative Negligence Defense Rules on Litigation Behavior and Tort Claim Disposition, Marianne M. Jennings Brigham Young University Journal of Public Law
Fairness to the Absent Members of a Defendant Class: A Proposed Revision of Rule 23, Elizabeth Barker Brandt BYU Law Review
Strandell v. Jackson County and G. Heileman Brewing Co. v. Joseph Oat Corp.: The Failure of the Seventh Circuit Court of Appeals to Narrow the Interpretation of Rule 16 and Limit the Inherent Power Doctrine, Farol Parco Brigham Young University Journal of Public Law
Appellate Review of Rule 11 Issues-De Novo or Abuse of Discretion? Thomas v. Capital Security Services, Inc., D. Lee Decker BYU Law Review
Konizeski and the Warner Amendment: Back to Ground Zero for Atomic Litigants, A Constandina Titus, Michael W. Bowers false BYU Law Review
Subject Matter Jurisdiction as a New Issue on Appeal: Reining in an Unruly Horse, Robert J. Martineau BYU Law Review
In re United States Catholic Conference: Considering Non-Party Rights, David P. Brooks BYU Law Review
Section 1404(a), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner BYU Law Review
Jury Instructions for Civil and Criminal RICO Cases Approved by: RICO Cases Committee, Criminal Justice Section of the American Bar Association, BYU Law Review
Opinion Work Product, Expert Witness Discovery, and the Interaction of Rules 26{b)(3) and 26(b)(4)(A): Bogosian v, Gulf Oil Corporation, Carlisle G. Packard BYU Law Review
Multiple Claims Under Rule 54(b): A Time for Reexamination?, Craig E. Stewart BYU Law Review
Muddying the Unclear Waters of Standing: Allen v. Wright, Larry S. Jenkins BYU Law Review
Fairness vs. Trustworthiness: The Predecessor in Interest Controversy of Rule 804(b)(l), Allen D. Haynie BYU Law Review
Utah Allows Contribution Against Cotortfeasor Despite Immunity from Direct Suit: Bishop v. Nielsen, David H. Little BYU Law Review
The Use of a Rule 37(b)(2)(A) Sanction to Establish In Personam Jurisdiction, Jeffrey A. Robinson BYU Law Review
Federal Appeals Court's State Law Ruling Entitled to Conclusive Deference: Factors Etc., Inc. v. Pro Arts, Inc., J. Stanton Curry BYU Law Review
Reasonable Assurance of Actual Notice Required for In Personam Default Judgment in Utah: Graham v. Sawaya, Robert Charles Martin BYU Law Review
Curbing Discovery Abuse in Civil Litigation: We're Not There Yet, Frank F. Flegal, Steven M. Umin BYU Law Review
Curbing Discovery Abuse in Civil Litigation: Enough is Enough, Maurice Rosenberg, Warren R. King BYU Law Review
Colloquy on Complex Litigation, Alvin B. Rubin, Francis R. Kirkham, Weyman I. Lundquist, Jerrold E. Salzman BYU Law Review
The Assertion of Statutory Rights Under FLSA and OSHA: Expand or Limit the Gardner-Denver Rationale, John A. Adams BYU Law Review
Constitutional Law-Civil Procedure-Implied Cause of Action-Extending Bivens to the Fifth Amendment-Davis v. Passman, 442 U.S. 228 (1979), BYU Law Review
Refusals to Answer at Oral Deposition: A "Relevant" Inquiry?, Kent E. Cammack BYU Law Review
The Influence of Jury Deliberation on Juror Perception of Trial, Credibility, and Damage Awards, S. Femi Sonaike BYU Law Review
Certification: A Practical Devise for Early Screening of Spurious Antitrust Litigation, W. Cole Durham Jr., Jonathan A. Dibble BYU Law Review
Federal Courts-Rules of Civil Procedure-Postjudgment Motion to Intervene to Appeal Denial of Class Certification is Timely-United Airlines, Inc. v. McDonald, BYU Law Review
Diversity Jurisdiction and Limited Partnerships, Scott M. Farnsworth BYU Law Review
Privity, Preclusion, and the Parent-Child Relationship, Kenneth W. Jennings BYU Law Review
The Erosion of Erie in the Federal Courts: Is State Law Losing Ground?, David A. Thomas BYU Law Review
NLRB Discovery Practice: The Applicability of the Discovery Provisions of the Federal Rules of Civil Procedure, Boyd J. Black BYU Law Review
Scienter and the Flexible Duty Under Rule 10b-5, BYU Law Review
Continuation and Representation of Class Actions Following Dismissal of the Class Representative, John W. Welch Legal Worlds: Ancient and Modern, Sacred and Secular
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