Despite its long pedigree, Federal Rule of Civil Procedure 41, the rule generally governing the dismissal of federal civil actions, is ill-equipped to deal with the realities of modern federal civil practice. But the many problems with Rule 41 need not be tolerated. As this Article demonstrates...
John'sLawReviewbyanauthorizedadministratorofSt.John'sLawScholarshipRepository.Formoreinformation,pleasecontact cerjanm@stjohns.edu. RecommendedCitation Jarvis,RobertM.andMellman,JudithA.(2012)"Rule4(c)(2)(C)(ii)oftheFederalRulesofCivilProcedure:FromHaplessto Hopeless,"St.John'sLawReview:Vol.61:Iss.1...
摘要: Page 1. ST. JOHN'S LAW REVIEW VOLUME 61 FALL 1986 NUMBER 1 RULE 4(c)(2)(C)(ii)OF THE FEDERAL RULES OF CIVIL PROCEDURE: FROM HAPLESS TO HOPELESS*ROBERT M. JARVIS** JUDITH A. MELLMAN*** TABLE OF CONTENTS年份: 2012
Thechange to the Rule 41of the Federal Rules of Criminal Procedure grants the FBI much greater powers to hack legally into any computer across the country, and perhaps anywhere in the world, with just a single search warrant authorized by any US judge. However, both civil liberties groups and...
athe offer of judgment device was included in Rule 68 when the Fedral Rules of Civil Procedure were adopted in 1938. It was new to federal procedure,being borrowed from the practice of a few states. Today twenty-nine states and the District of Columbia have rules similar in language and eff...
rulefederalrulescivilprocedurecourt No.09-0314 INTHE SUPREMECOURTOFTHEUNITEDSTATES BARRYSANDERS, Petitioner, v. UNITEDSTATESOFAMERICA, Respondent, ONWRITOFCERTIORARITOTHEUNITEDSTATES COURTOFAPPEALSFORTHEFIFTEENTHCIRCUIT BRIEFFORTHERESPONDENTS CounselforRespondents February24,2009 ii QUESTIONSPRESENTED I.WHETHERTHE...
A conundrum is presented when the government acts in strict accordance with well-established and clearly defined legal rules and still produces a result that many observers consider unfair or unjust. Before the Civil War, for example, African Americans were systematically deprived of their freedom by...
The US Securities and Exchange Commission (SEC) is an independent agency of the US federal government and the primary overseer and regulator of US securities markets. It wields enforcement authority over federal securities laws, proposes new securities rules, and oversees market regulation of the ...
Intentional vagueness or ambiguity is an act that the contra proferentem rule seeks to mitigate and, when enforced, rules in favor of the innocent party citing the ambiguity as unfair.1 Contra proferentem places fault on the party creating or introducing an ambiguous contract clause. Determining ...
By Kevin C. Klein, Published on 04/01/00Klein, Kevin CCornell J.l. & Pub.polyKevin C.Klein.Evidentiary Hurdles in Defending Sexual Harassment Suits:Amended Rule412and Rule415of the FederalRules of Evidence.Cornell J.L.&Pub.Pol’’y. 2009...